COSCO Busan operator faces new federal charges

The Hong Kong-based operator of the container vessel COSCO Busan, which struck a Bay Area bridge in November 2007 and discharged more than 50,000 gallons of fuel oil into San Francisco Bay, now faces six new federal felony charges, according to a federal indictment released Wednesday.

U.S. Justice Department officials said a federal grand jury in San Francisco returned the indictment late Tuesday charging Fleet Management Ltd. with negligently causing the oil spill, and falsifying documents after the crash to cover up the firm's negligence.

According to the indictment, Fleet Management, acting through 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.

The falsified documents, according to the grand jury findings, include a fictitious passage plan for Nov. 7, 2007, the day of the collision, as well as two prior voyages made after Fleet assumed management of the vessel in October 2007. U.S. laws require berth-to-berth passage plans for any voyage, however, the grand jury found that Fleet created falsified plans after the Busan collision in addition to concealing and covering up the real ship records.

The indictment also charges Fleet with misdemeanor crimes for violating the Clean Water Act and the Migratory Bird Treaty Act by causing the death of protected species of migratory birds.

The Busan oil spill fouled dozens of local beaches and eventually was responsible for the deaths of about 2,000 area birds, including some from federally protected and endangered species.

Fleet Management is charged as a co-defendant with Capt. John Cota, the Bay Area ship pilot on the bridge of the Busan when the collision with the San Francisco-Oakland Bay Bridge occurred.

Cota has also been charged with making false statements to the U.S. Coast Guard in 2006 and 2007 concerning his possible medical conditions, the medications he was taking, and the possible side effects of the prescriptions. his medications and medical conditions.

Fleet Management faces a maximum penalty under the obstruction and false statement charges of $500,000 per count or twice the gross gain or loss caused by the offense. The firm also faces maximum penalties for the misdemeanor Clean Water Act violation of $200,000 or twice the gross gain or loss caused by the offense, and a $10,000 fine or twice the gross gain or loss caused by the offense for the misdemeanor Migratory Bird Act violation.

According to the Justice Department, a court date has yet to be set.