New Freight Forwarder Lacked FMC License, Complaint Says
Way2Go Cargo, a Florida-based freight forwarder, has accused two people who were affiliated with the company of violating the Shipping Act by running a competing business without obtaining a required license from the Federal Maritime Commission, according to a complaint filed with the FMC July 25.
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The complaint alleges that Raphael Alves, who was a Way2Go director until his resignation in April, and Diego Santana, who managed Way2Go’s daily operations, formed the competing firm, Oak Way Cargo, in February and used Way2Go’s FMC license without approval to generate its own revenue.
"Oak is not separately licensed by the commission and has not been authorized by Way2Go to operate under its license," the complaint says. "Nevertheless, Oak has been holding itself out as a licensed [ocean transportation intermediary] by contracting with shippers, vendors, and freight carriers under Way2Go’s identity and regulatory credentials."
Oak also is accused of taking over Way2Go’s account with freight management platform ShipThis, “thereby locking Way2Go out of its own systems and causing disruption to its operations, loss of historical shipment data, and complete loss of access to client records,” the complaint says.
Way2Go said it became aware of Oak’s “ongoing fraud” after it was told about an unpaid customs duty on a shipment falsely attributed to Way2Go. It asks the FMC to order Oak to end its illegal conduct and pay damages.
“Oak’s actions have caused, and continue to cause, significant and irreparable harm to Way2Go, including lost customers, lost revenue, interference with commercial relationships, reputational damage, regulatory exposure, and the loss of business opportunities,” the complaint says. Way2Go asked the FMC to award it "reparations" in "an amount to be determined by the Commission as just and proper."
Oak couldn't be reached for comment.