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Wednesday, July 23, 2008
Feds charge shipping company in SF Bay oil spill
By SCOTT LINDLAW
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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." Continued...

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