SAN FRANCISCO(AP)
The Hong Kong-based operator of a container ship that struck a
bridge support in the San Francisco Bay last year has been indicted
for allegedly doctoring paperwork in an attempt to thwart the
investigation.
A federal grand jury charged Fleet Management Ltd. on Tuesday
with six felony counts of making false statements and obstructing
justice. Prosecutors announced the indictment on Wednesday.
Unidentified "senior ship officers and shore-based
supervisory officials concealed and covered up documents with an
intent to impede, obstruct and influence the investigation of the
spill," according to a Department of Justice summary of the
indictment.
Among the allegedly falsified documents were the ship's
passage plan for its scheduled Nov. 7 journey from the Port of
Oakland to South Korea, and for two trips a few days before the
crash.
Under U.S. law, passage plans are required for each voyage.
Fleet Management "falsified and forged these plans after the
crash and concealed and covered up the real ship records,"
prosecutors said.
The indictment also charges Fleet Management with two counts of
misdemeanor crimes under the Clean Water Act and the Migratory Bird
Treaty Act for negligently causing the crash, which dumped 53,000
gallons of toxic bunker fuel into the bay. The spill killed and
injured thousands of birds and fouled beaches throughout Northern
California.
The negligence allegedly stemmed from Fleet Management's
failure to adequately train a new crew it had installed after
taking over operation of the Cosco Busan and for failing to post an
adequate lookout.
Under the latest environmental crimes indictment, Fleet
Management is charged as a co-defendant alongside Capt. John Cota,
the ship pilot whose job was to guide the giant container vessel
from the port out to sea.
Cota has been charged with two felony counts of lying to Coast
Guard officials about his prescription drug use and two misdemeanor
environmental crimes.
Fleet Management could face fines of $500,000, or twice the
losses caused by the alleged violations, for each obstruction and
false statements count. The penalties for the Clean Water Act
violations could range as high as $200,000, or twice the losses.
The migratory bird count could bring fines as large as $10,000 or
twice the losses.
Fleet Management is already being sued by the Justice Department
for allegedly breaking environmental laws. The lawsuit filed last
year accused Fleet Management and others of "fault, negligence
and breach of federal safety and operating regulations."
Fleet Management said in a statement Wednesday that it had
discovered that "discrepancies exist between the facts as
understood and reported prior to its investigation." It did
not elaborate, but said it had advised the Justice Department of
its finding and "suspended the individuals involved in the
misunderstanding of the facts."
The company said, though, that it "does not believe that
these new facts have any bearing on the accident or on the
pilot's navigation of the ship."
The ship's owner, Regal Stone Ltd., which hired Fleet
Management, said it "noted with disappointment" the new
indictment.
The new charges of falsifying documents come as prosecutors are
investigating the possibility that the ship's Chinese crew
altered certain unidentified records after the crash. It was not
immediately clear whether the indictments and that thread of the
probe are connected.
Josh Eaton, a spokesman for U.S. Attorney Joseph P. Russoniello,
declined to comment on anything beyond what was in the
indictment.
Jeff Bornstein, an attorney for Cota, said he reviewed evidence
from prosecutors that showed crew members had admitted in the last
two months they had not been adequately trained and had falsified
"key navigational records." The doctoring of certain
documents, including passage plans, had been done "at the
direction of a very high-level Fleet official in the hours or days
after the accident," Bornstein said.
The new charges bolster Cota's contention that "this
was a series of errors that involved other people and other
factors," Bornstein said in a telephone interview.
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