US Coast Guard Warns Of Illegal Charter Dangers After Fatal Hudson River Capsizing

Richard Cruz, the captain and owner of the ship Stimulus Money, as well as Jaime Pinilla Gomez, were taken into custody after the tragic capsizing incident that occurred on the Hudson River in July 2022. The horrifying catastrophe claimed the lives of two passengers: a seven-year-old boy and a 48-year-old lady. Cruz and Gomez are charged with one count of misconduct and negligence of a ship officer, resulting in death, each of which carries a possible ten-year jail sentence.

The Coast Guard Investigative Services (CGIS) and Coast Guard Sector New York investigated the incident because they suspected illegal passenger operations. Their examinations found that the vessel lacked the essential Certificate of Inspection (COI), and Gomez lacked the Coast Guard-issued merchant mariner credential (MMC) required to operate a passenger vessel. The file was then sent to the Southern District of New York US Attorney’s Office to pursue criminal charges potentially.

The Port of New York’s Captain, Capt. Zeita Merchant expressed his heartfelt condolences to the victims of the tragedy. Before starting any journey, the merchant stressed how crucial it is for owners, operators, and passengers to be informed on vessel limitations, safe navigation procedures, and credentialing needs.

The Coast Guard urges the public to look for unauthorised charters. Any vessel transporting six or more people must have a valid Certificate of Insurance (COI), and passengers should confirm the captain’s license and the vessel’s inspection status. Passengers should also refer to the vessel’s maximum capacity plate to prevent overloading, reduce stability, and raise the possibility of capsizing.

Illegal charter activities violate federal law and result in significant civil penalties. Illegal passenger-for-hire operations might result in fines of up to $60,000 for owners and operators. In comparison, Coast Guard Captain of the Port Orders violations could lead to fines of up to $111,000 per violation. Fines for not participating in a chemical testing program, not presenting a valid Certificate of Documentation for vessels carrying more than five gross tons, and failing to give a COI for ships transporting more than six passengers are further potential penalties.

Reference: USCG

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