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A0
257
(Rev.
6/76)
BY:
COMPLAINT
rn
INFORMATION INDICTMENT
,--OFFENSE CHARGED
U
SUPERSEDING
1
Count One: 33 U.S.C. 55 1319(c)(l), 1321(b)(3) Petty(Clean Water Act
-
Negligent Discharge of a Pollutant);
n
Minor
U
Count Two: 16 U.S.C. 55 703 and 707(a)
-
(Migratory Bird Treaty
~ct)
Emfiling
rn
Misde-eanorFelony
PENALTY:
Count One: 1 year imprisonment, $100.000 ine,
1
year supervisedrelease, $25 special assessment.Count Two: 6 months mprisonment, $15,000 ine,
1
yearsupervised release, $10 special assessment
PROCEEDING
Name of Complaintant Agency, or Person
(&
Title, if any)U.S. COAST GUARD/ENVIRONMENTAL PROTECTION AGENCYperson is awaiting trial in another Federal or State Court,give name of courtthis personlproceeding is transferred from another districtper (circle one) FRCrp
20,
21,
or
40.
Show Districtthis is a reprosecution ofcharges previously dismissedwhich were dismissed on motionSHOWof:
I
DOCKET NO.
U.S. ATTORNEY
El
EFENSE
J
this prosecution relates to apending case involving this samedefendant MAGISTRATECASE NO.prior proceedings or appearance(s)before U.S. Magistrate regarding thisdefendant were recorded under
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Name of
bisfr19Gourt,
and/& JudgeIMagistrate Location
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DC~RICT
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OF
CALIFORNIA
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~RANCIS~,~
IVISION
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DEFENDANT
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U.S
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JOHN JOSEPHCOTA
II
DISTRICT COURT NUMBER
I
IS
NOT
IN CUSTODY
Has not been arrested, pending outcome this proceeding.
1)
If not detained give date any priorsummons was served on above charges
)
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2)
C]
s a Fugitive
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3)
Is on Bail or Release from (show District)
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7
EFENDANT
m,
IS IN CUSTODY
4)
On this charge
5)
On another conviction
)
Federal State
6)
Awaiting trial on other chargesIf answer to (6) is "Yes", show name of institutionHas detainerIf "Yes"been filed?give datefiled
DATE OF
)
MonthlDayNear
ARREST
Or
...
f Arresting Agency
8
Warrant were not
U.S. Attorney Other U.S. Agency
1
1
I
I
Name and Office of PersonFurnishing Information on this formJOSEPH
P.
RUSSONIELLOName of Assistant U.S.This report amends A0
257
previously submittedAttorney (if assigned)STACEY GEIS/DAVID JOYCE
ADDITIONAL INFORMATION OR COMMENTS
PROCESS:
DATETRANSFERRED
)
MonthlDayNear
TO U.S. CUSTODY
SUMMONS
rn
NO PROCESS* WARRANT Bail Amount:If Summons, complete following:Arraignment
C]
nitial Appearance
Where defendant previously apprehended on complaint, no new summons ofwarrant needed, since Magistrate has scheduled arraignment
Defendant Address:Datemime: Before Judge:Comments:
1
 
JOSEPH P. RUSSONIELLOUnited States AttorneyBRIAN J. STRETCH (CASBN 163973)
!2
Chief, Criminal DivisionSTACEY P. GEIS (CASBN 181444)
JONATHAN SCHMIDT (CASBN
230646)
Assistant United States Attorneys450 Golden Gate Ave.,
1
lth
lo or
San Francisco, CA 94
1
0214151 436-6776 rl)415 436-7234 fax)onathan.Schmi t@,usdo-i ~ovRONALD J. TENPASAssistant Attorney GeneralEnvironment and Natural Resources DivisionUnited States De artment of Justice
DAVID
B.
JOY~E
Trial AttorneyEnvironmental Crimes SectionP.O. Box 23985L'Enfant Plaza StationWashin ton, DC 20004SO21 385-0321 [tel)202 305-0396 fax)avid.Joyce@,usdo~iaovAttorne s for PlaintiffUnited
8
ates of AmericaUNITED STATES DISTRICT COURT
I
NORTHERN DISTRICT OF CALIFORNIASAN FRANCISCO DIVISIONNo. CRUNITED STATES OF AMERICA,VIOLATIONS:Plaintiff,v.JOHN JOSEPH COTA,Defendant.
 
INFORMATION
The United States Attorney charges:
INTRODUCTION
At all times relevant to this Information:1. The
M/V
Cosco Busan
was a 901 foot, 65,13 1 gross ton container ship registered inHong Kong and bearing IMO number 923 1743.2. The Defendant, JOHN JOSEPH COTA, was a resident of Petaluma, California,and was a member of the San Francisco Bar Pilots. COTA was licensed both by theUnited States Coast Guard and the State of California as a Pilot. COTA had beenemployed as a Pilot in San Francisco Bay since 1981.3. On November 7,2007, the
M/V
Cosco Busan
departed the Port of Oakland inheavy fog and struck the Delta span of the San Francisco Bay Bridge, which resulted inthe discharge of approximately 58,000 gallons of heavy fuel oil and caused environmentaldamage, including the loss of migratory birds.
LEGAL
FRAMEWORK
The Clean Water Act and the Oil Pollution Act4. In the Federal Water Pollution Control Act (the "Clean Water Act"), as amendedby the Oil Pollution Act, 33 U.S.C.
5
1321(b)(l), Congress has declared that it is thepolicy of the United States that there should be no discharges of oil or hazardoussubstances into or upon the navigable waters of the United States
or
the adjoiningshorelines.5. The Clean Water Act makes it a crime for a person to negligently discharge oil intoor upon the navigable waters or contiguous zone of the United States in such quantities asmay be harmful. 33 U.S.C.
$5
1319(c)(l) and 1321(b)(3).6. The Clean Water Act defines a "discharge" as any spilling, leaking, pumping,pouring, emitting, emptying or dumping. 33 U.S.C.
5
1321(a)(2). The Clean Water Actdefines "oil" as oil of any kind or in any form, including, but not limited to, petroleum,fuel oil, sludge and oil residue. 33 U.S.C.
5
132
1
(a)(l).
of 00

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