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(Transocean), Patrick O’Bryan (BP), and Robert Kaluza (BP). Under the Marine
Board rules and other governing authorities, the PIIs possessed certain rights
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relating to the investigation.

Under the Convening Order, the JIT was given the full investigative
authority of both the Department of the Interior and the Department of
7
Homeland Security. The JIT held seven public hearings and heard testimony
from more than 80 witnesses. Three witnesses whose testimony was sought by
8
the JIT invoked their Fifth Amendment rights against self‐incrimination and
refused to testify during the JIT hearings, and two other witnesses claimed they
were unable to testify for medical reasons. In addition to the public hearings,
9
BOEMRE investigators also conducted interviews of more than 25 individuals
throughout the investigation.

The JIT collected and reviewed large volumes of electronic and written
material, including data, emails and other records related to the PIIs’ equipment,
management systems, supervision of employees and contractors,
communications, performance and training of personnel, relevant company
policies and practices, and work environment. The JIT issued more than 90
subpoenas for documents and other information and collected over 400,000
pages of evidence.

During the course of the investigation, the JIT commissioned several
entities and qualified individuals to conduct expert analyses of evidence. Dr.
John Smith, a petroleum engineer with Petroleum Consulting LLC, reviewed

5 At the request of the Republic of the Marshall Islands, the JIT designated it as a “Substantially
Interested State.” The Deepwater Horizon was a foreign‐flagged vessel that, at the time of the
blowout, was flagged under the Republic of the Marshall Islands.
6 See 46 U.S.C. § 6303; 46 CFR. §§ 4.03‐10, 4.07‐35, 4.09‐15.
7 Convening Order, at 1.
8 Retired United States District Judge Wayne Andersen, who served without compensation,
joined the JIT in August 2010 to preside over subsequent hearings. BOEMRE is grateful for Judge
Andersen’s assistance during the hearings and in meetings with counsel for the PIIs.
9 Brian Morel and Robert Kaluza each invoked his Fifth Amendment Rights and refused to testify
during JIT hearings. After testifying at one hearing, Mark Hafle invoked his Fifth Amendment
Rights and refused to testify a second time. Through his attorney, Donald Vidrine claimed that
he could not testify due to medical reasons. Each of these four individuals was a BP employee at
the time of the blowout and continues to be employed by BP. In addition, two Transocean
witnesses declined to cooperate with the investigation, citing technical reasons for their decisions
not to testify. Transocean declined to encourage these witnesses to cooperate with the
investigation.

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