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United States v. John Joseph Cota

The criminal information alleges that on November. 7, 2007, Cota negligently caused the discharge of approximately 58,000 gallons of heavy fuel oil from the Cosco Busan in violation of the Clean Water Act, as amended by the Oil Pollution Act of 1990. According to the charges, while piloting the ship from port in heavy fog, he failed to pilot a collision free course and failed to adequately review the proposed course with the Captain and crew on official navigational charts. Further, he failed to use the ship’s radar as he approached the San Francisco Bay Bridge, use positional fixes or verify the ship’s position using official aids of navigation, throughout the voyage. According to the criminal information, these failures led to the Cosco Busan striking the bridge and spilling the oil.

FURTHER INFORMATION

CONTACT INFORMATION

Victim/Witness Coordinator
United States Attorney’s Office
Northern District of California
450 Golden Gate Ave.
San Francisco, CA 94102
Attn: Nancy Woods
800-273-9606

VICTIMS' RIGHTS

Pursuant to Title 18, United States Code Section 3771(a), a crime victim has the the following rights:

  1. The right to be reasonably protected from the accused.
  2. The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
  3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
  4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
  5. The reasonable right to confer with the attorney for the Government in the case.
  6. The right to full and timely restitution as provided in law.
  7. The right to proceedings free from unreasonable delay.
  8. The right to be treated with fairness and with respect for the victim's dignity and privacy.