EXHIBIT 5

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OUTSTANDING PAYMENTS Page 1 of 1

Borge, Hans M

From: Fry, Rene M CIV COMSC [rene.fry@navy.mil]

Sent: 21. mai 2007 18:48

To: WPM OSLO

Cc: Zarate-Byers, Cristina CIV MSCHQ,; kelli.thorpe@dla.mil

Subject: OUTSTANDING PAYMENTS

Importance: High

Mr. Borge,

I am Military Seaiift Command's Fuel Manager and Agency Program Coordinator. I am trying to find out some

details about the payments that are outstanding so that I can ensure these matters are cleared up as soon as

possible, (f you have the names of the ship, the dates and type of fuel they lifted,! should be able to help

resolve this problem.

I will be out of the office on Tuesday but will be back the remain of the week. I look forward to your

information.

Regards,

Rene Fry

(202) 685-5736

20.09.2007

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EXHIBIT 6

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Borge, Hans M

From: Fry, Rene M CIV COMSC [rene.fry@navy.mil]

Sent: 23. mai 2007 14:09

To: Borge, Hans M

Subject: RE: OUTSTANDING PAYMENTS

Mr, Borge,

This is correct. I was contacting you first hand because I was curious

as to what MSC ships had outstanding debts in Norway. I have found out

that these communications have nothing to do with Norway but are claims

against the US for fuel charges in Sasebo Japan. The claim is

specifically against the Defense Energy Support Centers (DESC) contract.

I am not the contracting officer for this claim but she has been in

contact with me on this matter.

Sorry for the misguided email.

Regards,

Rene Fry

Military Sealift Command Fuel Manager

(202) 685-5736

Original Message

From: Borge, Hans M [mailto:Kans.M.Borge@wilhelmsen.com]

Sent: Tuesday, May 22, 2007 3:34

To: Fry, Rene M CIV COMSC

Subject: RE: OUTSTANDING PAYMENTS

Thanks - will compile the list and pass it on to you.

For my guidance - are you coming because of my contact with Cdr. Edwards

with the US embassy in Norway

Hans M Borge

Wilhelmsen Premier Marine Fuels AS

Phone +47 67 58 42 91 (direct)

AOH +47 901 50 554

e-mail wp.oslo@wilhelmsen.com

Messenger(yahoo etc): hans.m.borge@wilhelmsen.com WEB-page

www.wilbunkers.com

From: Fry, Rene M CIV COMSC [mailto:rene.fry@navy.mil]

Sent: 21. mai 2007 18:48

To: WPM OSLO

Cc: Zarate-Byers, Cristina CIV MSCHQ,; kelli.thorpe@dla.mil

Subject: OUTSTANDING PAYMENTS

Importance: High

Mr. Borge,

I am Military Sealift Command's Fuel Manager and Agency Program

Coordinator. I am trying to find out some details about the payments

that are outstanding so that I can ensure these matters are cleared up

as soon as possible. If you have the names of the ship, the dates and

type of fuel they lifted, I should be able to help resolve this problem.

I will be out of the office on Tuesday but will be back the remain of

the week. I look forward to your information.

Regards,

Rene Fry

(202) 685-5736

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EXHIBIT 7

Case 1:07-cv-05798-CM-HBP Document 27-6 Filed 10/08/2007 Page 5 of 7 Case 1:07-cv-05798-CM Document 20-4 Filed 09/20/2007 Page 5 of 7
Borge, Hans M

From: Bjornebye, Knut

Sent: 1, September 2007 14:39

To: Borge, Hans M

Subject: FW: Japan Bunkers

Hans, Jeg endelig noe tilbake fra Frey. Det gjar situasjonen litt klarere. La oss

diskutere pS mandag

Knut

Original Message

From: Fry, Rene M CIV COMSC [mailto:rene.fry@navy.mil]

Sent: Fri 8/31/2007 5:10 PM

To: Bjornebye, Knut

Subject: RE: Japan Bunkers

Mr. Bjornebye,

It is unfortunate that the suppliers and agents if USS-UBS have not been paid for fuel

or services that have been rendered to MSC and Uniform Navy ships being services by

this Contractor. I will assure you that I have personally seen evident that USS-UBS

has been paid for fuel and services rendered to MSC ships in Sasebo, and Yokohama and

the price that was paid is the daily contract price that has been authorized on the

Contract. That said, USS-UBS has a claim into Defense Fuels, Bunker Contract Division

for $3.55 million (us). This claim is not for fuel delivered to the ship or services

to the ships but for storage of fuel in Sasebo and losses incurred by the Contractor

for this fuel when it was sold. MSC has no interest in this claim. No MSC agent or

employee directed the contractor to incur costs detailed in the claim and at this

point, MSC has not been presented with any documents or evidence that indicates it is

a party to the claim submitted to DESC by USS-UBS.

Lastly, I will tell you that the invoiced price for fuel by USS-UBS was an average of

$243.50 per metric ton higher than any spot market price for fuel in the area and the

invoice price was not IAVJ with the daily metric ton price allowed by the DESC

Contract. Additionally, USS-UBS has submitted claims for services such as overtime at

$300 per hour for periods of 24, 48, and 72 hours for time that the Contractor or SubContractor was filling the barge at the distribution point/refinery/whole seller. I am

not familiar with Sasebo so I really don't know where the fuel comes from when the

subcontractor is filling his barge. Bottom-line is that I, as MSC Fuel Manager, would

never allow or pay for the filling of a barge. I will on the other hand allow for

overtime along side, and weekend/holiday costs along side, and of course demurrage

when it is the fault of ordering too much fuel and not taking it onboard. I actually

have a claim for "backhaul" on a pipeline delivery for $630.00 a metric ton.

Obviously, I am not a fool but these are just a few examples of the USS-UBS claims

that have been submitted to Defense Fuels and forwarded to me.

One last item, less the claims that I have cited above, all invoices for fuel to MSC's

ships since 1 October 2006 thru 23 July 2007 have been paid to USS-UBS. I am not a

Contracting Officer and this contract is not managed by MSC. We have done all we can

to document, and execute our requirements to ensure prompt payment. The remainder of

this mess is strictly up to the Defense Fuels Contracting Officer.

I answer this email as a courtesy to you and hope that you use the information in a

manner in which it is provided. It is obvious to me that Bill Rae is betting on the

$3.55 claim. From my 38 years of experience, that horse has a difficult course to ride

before it comes home.

Regards,

Rene Fry

MSC Chemical and Fuel Program Manager

(202) 685-5736

Original Message

From: Bjornebye, Knut [mailto:Knut.Bjornebye@wilhelmsen.com]

Case 1:07-cv-05798-CM-HBP Document 27-6 Filed 10/08/2007 Page 6 of 7 Case 1:07-cv-05798-CM Document 20-4 Filed 09/20/2007 Page 6 of 7
Sent: Friday, August 31, 2007 10:17

To: Pry, Rene M CIV COMSC

Subject: FW: Japan Bunkers

Dear Mr. Frey

We have sent the below msgs to Mrs. Woods without any response.

This unfortunate matter keeps rolling and we now hear that a second reputable

supplier in Japan has not been paid by USS-UBS and consequently refuse to bunker the

Navy vsls. We are now experiencing a situation where no Japanese supplier will supply

the US Navy. And you know how the snow ball rolls when this hits the press.

As said if the US Navy has not paid these bunker invoices we would like to know why -

if they have paid it to their agent and he has spent the funds on something else then

the US Navy has a fraudulent agent - a situation that I believe is not a very

comfortable one.

I sincerly hope to hear from youn in this matter

Yours Sincerely,

Knut B j ornebye

> From: Bjornebye, Knut

> Sent: 27. august 2007 11:21

> To: 'debora.wood@dla.mil1

> Subject: FW; Japan Bunkers

>

> Dear Mrs. Woods

> I cannot see that I have recvd a reply to my mail of August 16.

> As we see it, your good vsls have recvd bunkers from us and therefore

> the Navy should be obliged to pay for that. If you have any problems in doing that

we would like to hear.- If you have paid your agent,as we have reason to believe,

there must be an obligation from your side to see to that your agent should pay us for

the bunkers you have received and consumed. In such case you should put pressure on

your agents to honour their obligations towards us and the supplier.

> I have never experienced anything similar in my long shipping

> experience and trust that same will be brought to a satisfactory

> solution soon

>

> Kind regards

> Knut Bj ornebye.

> Prom: Bjornebye, Knut

> Sent: 16. august 2007 17:26

> To: 'debora.wood@dla.mil'

> Subject: Japan Bunkers

>

> Dear Mrs. Woods.

>

> We were delighted to hear that all outstanding invoices with your contractor, USSUBS, have been settled which obviously should have brought this unfortunate situation

to an end.

> However, we regret to advise that your contractor, USS-UBS still refuses to pay.

>

> As you have obviously received and used the bunker we have put onboard your fine

vsls we ask you kindly to put pressure on your contractor, Messrs. USS-UBS, to settle

this long outstanding matter without further delays.

>

> With kind regards.

>

> Knut Bjornebye

> President

> Wilhelmsen Premier Marine Fuels

> Dir. Line: +47 6758 4296

> Fax: +47 6758 4298

> Mob: +47 9229 9436

> Web: www.wilhelmsenpremier.com

> Yahoo:knutbj o@yahoo.com

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