The felony charges allege that Capt. John Cota knowingly provided false information to Coast Guard personnel about the medication he was taking and the medical conditions they were prescribed for during the pilot's January 2006 and January 2007 pilot license renewal process. A federal grand jury incorporated two previously filed misdemeanor violations of federal clean water and bird protection laws charges against Cota into Tuesday's indictment.
The indictments did not specify which information provided by Cota was allegedly false or make a connection between the false statements and the Busan accident.
Cota's lawyer, Jeff Bornstein, told the San Francisco Chronicle that the charges were 'spurious and irrelevant' and accused the government of using 'its immense powers to destroy the character of good, decent, hard-working citizens.' Bornstein said drug and alcohol tests conducted on Cota within two hours of the accident came back negative. He did not indicate if the drug tests following the accident checked for the presence of prescription drugs as well as illegal substances.
A National Transportation Safety Board panel last week heard testimony from federal investigators that Cota was prescribed numerous drugs that could have impaired his judgment while on the job.
A Coast Guard and Federal Aviation Administration doctor told NTSB board members that Cota was taking the antidepressant Wellbutrin, the anti-anxiety drug Lorazepam, the antidrowsiness drug Provigil, as well as medication for migraines and glaucoma.
Cota entered not guilty pleas to the two misdemeanor charges on March 21. If convicted he could face up to 18 months in prison and $115,000 in fines.
The new felony charges could bring a combined 10 years in prison and $500,000 in fines.
The U.S. Coast Guard Investigative Service, the EPA Criminal Investigation Division, the Federal Bureau of Investigation, the U.S. Fish and Wildlife Service and the California Department of Fish and Game, Office of Spill Prevention and Response continue with an ongoing investigation into the accident.
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Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
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The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now