Tragedy on the Hudson: The Capsizing of the Stimulus Money and the Dangers of Illegal Charters
On the waters of the Hudson River in July 2022, a tragedy unfolded. The vessel Stimulus Money, a chartered passenger vessel, capsized, taking the lives of two innocents—a seven-year-old boy and a 48-year-old woman. This incident has left families outraged and bereft, sparking a significant legal and regulatory upheaval and putting the spotlight on the perils of negligence at sea.
At the heart of the calamity are Richard Cruz and Jaime Pinilla Gomez, the owner and operator of the Stimulus Money, respectively. They were arrested following the capsizing, resulting in pending charges of misconduct and neglect that culminated in a loss of life, which carry the maximum sentence of ten years in prison.
The legal proceedings unfold against a backdrop of meticulous investigation by the Coast Guard Sector New York and the Coast Guard Investigative Services (CGIS). Their probe into the incident revealed glaring oversights: the Stimulus Money lacked the requisite Certificate of Inspection (COI), and Gomez did not possess the mandatory Coast Guard issued merchant mariner credential (MMC) for operating a passenger vessel.
The case has since been transferred to the US Attorney’s Office for the Southern District of New York for potential criminal prosecution, as illegal passenger operations are strongly suspected.
In the wake of the tragedy, Capt. Zeita Merchant, Captain of the Port of New York, extended heartfelt condolences to the affected families, emphasizing the paramount importance of adherence to maritime regulations. “We can’t stress enough how important it is for owners and operators to know your vessel’s limits and how to safely navigate the waters where you are operating. It is just as important for passengers to understand and ensure those requirements… are in place before getting underway,” said Merchant.
The Coast Guard’s response to the incident also serves as a public education campaign against the dangers of illegal charters. The need for a valid COI for vessels carrying six or more passengers, alongside the advice for passengers to verify the captain’s license and the boat’s inspection status, are critical measures aimed at averting future tragedies.
Furthermore, checking the boat’s maximum capacity to prevent overloading is critical for a vessel’s stability, averting a potentially disastrous situation.
These illegal charter operations, as this incident demonstrates, are not just infractions of the law, but pose grave dangers to human life. The serious penalties for such violations should reinforce their importance; besides potential criminal charges, owners and operators may face fines up to $60,000 for illegal passenger-for-hire operations, and charters in violation of a Coast Guard Captain of the Port Order could be fined $111,000 per violation. Fines can also be levied for failure to participate in a chemical testing program, failure to provide a COI for vessels carrying more than six passengers, and failure to produce a valid Certificate of Documentation for vessels over 5 gross tons. However, beyond fines and criminal charges, the loss of health and/or life is still irrevocable, a fact that no penalty can address.
The tragic fate of the passengers aboard the Stimulus Money is a sobering reminder of the sea’s unforgiving nature and the need for vigilance, responsibility, and adherence to the law in the maritime industry. As maritime personal injury attorneys, we hope collective effort from all stakeholders, mariners, and passengers is made to ensure safety while on the water, while respecting the dangers and power of the seas.
We at the Herd Law Firm are proud to fight for seamen, maritime workers and passengers in all types of personal injury claims. As Houston maritime attorneys, we never waver in our commitment to help these maritime workers and their families when they are injured.
3/22/2024
Image Source: US Coast Guard
