Chapter 10. The Feds
Because it’s so expensive to retrieve anything from the ocean floor, the first step in documenting a wreck is to take a picture, perhaps by towing a sonar machine from a boat or by sending human or robotic divers to the bottom. At the same time, underwater imagery can be deceptive, and even the most experienced treasure hunters can be fooled. Twice during his career, prolific wreck diver John Chatterton was certain he had identified a lost ship on sonar imagery. Both times, when he dove down to the object, it was just a rock.
“It is as simple as: Sometimes, you see what you want to see,” Chatterton said.
This is the reality of treasure hunting: There’s only one way to prove that you have really discovered gold. “You gotta put hands on it,” said Phil Sammet, the Monterey dive instructor. “You gotta squeeze it, grab it, put it in something, and bring it up.”
And by the late spring of 2015, Joe, despite being nearly broke, was determined to try.
He realized he could no longer prolong the inevitable: He needed to approach the federal government and ask for permission to explore the ocean site of his discovery and possibly move objects on the seafloor. Without dispatching human divers or a rover to bring back a piece of treasure or at least take a detailed picture up close, he couldn’t prove that the objects he’d glimpsed in his trawling video nine months before were truly gold.
Through his lawyer, David Hollingsworth, the fisherman set up a conference call with six staff members of the National Oceanic and Atmospheric Administration, including historian James Delgado, then working for the National Marine Sanctuary. The officials expected they would be speaking with a “prospective permit applicant” about his “request to salvage cargo and treasure from a shipwreck,” according to an agenda circulated by email. But the call turned out to be an exercise in frustration for all involved, as the government and the treasure hunters danced around each other.
Hollingsworth did the talking, speaking in roundabout legalese to the feds. Wary of showing his cards, he didn’t mention the word “gold.” What would happen, he asked, if his client had found something of historical interest on the seafloor? Was the sanctuary staff interested in learning more?
It was within the government’s ability to partner with Joe and help investigate a possible wreck site. A few years earlier, in 2013, Delgado had begun a search for potential historic shipwrecks inside the sanctuary, joining state and federal agencies to survey those underwater sites with sonar and robots. The project explored the remains of several ships, including the Conestoga, a sunken Navy tugboat, and the Independence, an aircraft carrier poisoned by atomic bomb tests.
But now, during the phone call, the sanctuary staffers were wary of making any promises to the fisherman. His story was too vague. “We listened carefully and talked openly,” recalled Delgado, who now works for a maritime archaeology research firm in Florida. “It was: OK, what about this, what about that? Trying to see what he wanted to do, and also to understand what we were dealing with.”
One of the call’s participants, James Sinclair, a marine archaeologist hired by Joe and Hollingsworth, wasn’t surprised by the government’s reluctance. In his experience, federal officials and academics tended to approach shipwrecks with the opposite of urgency, sometimes driving treasure hunters nuts. Given a choice between leaving a historical object in place and seeing it sold into private hands, a government agency or university would choose inaction every time, hoping the object might one day land in a museum, Sinclair later explained. Caution and delay could be weaponized to protect history.
But Joe didn’t see it that way. He felt the officials were threatening him in coded bureaucratic language. Whatever the case, the officials didn’t seem at all excited by the possibility of finding a lost ship, and Joe found it stressful and unpleasant simply to have an extended interaction with federal officials. It got his paranoia flowing. As the feds volleyed cautiously with Hollingsworth, the fisherman imagined sitting in a prison cell, missing his daughters’ softball games.
After the call, it was obvious to Joe and Hollingsworth that a permit would never happen. And without that, they couldn’t touch anything on the ocean floor. No permit, no treasure recovery. No permit, no gold.
But they weren’t ready to give up.
Their last option seemed like a long shot, but it was the only one left: They could try their luck in the court system, revisiting the idea of an in rem action, or admiralty arrest — a federal lawsuit asserting their right to recover the shipwreck, if one existed, and any associated treasure.
For a while now, David Paul Horan, the Key West lawyer, had been nudging them down this path, explaining how it could succeed when all else failed. With an admiralty arrest, the goal is to “arrest” the treasure, gaining title to it. The plaintiff in the case is the treasure hunter, and the defendant is the shipwreck or the treasure itself (a famous case from 1960 bore the name Wiggins v. 1100 Tons, More or Less, of Italian Marble; another case was called Gardner v. Ninety-Nine Gold Coins). The treasure-hunter goes to federal court and presents evidence of his find, and depending on the strength of that evidence — and the persuasiveness of any competing claims to the booty — he wins the case or he loses. If he wins, the treasure is eventually brought up from the bottom and delivered into his waiting hands.
The advantage of an admiralty arrest, as Horan explained to Joe and Hollingsworth, was protection. Once they filed their claim in court, they would draw a legal force field around the objects on the seafloor. Competitors couldn’t touch them without filing a claim of their own. And, generally, the government couldn’t either.
In other words, it meant that the restrictions of the Monterey marine sanctuary weren’t necessarily a deal-breaker for Joe. Horan’s law practice was in Key West and he had often represented clients who found treasure inside the huge Florida Keys National Marine Sanctuary. While the legal nuances of treasure cases are complicated and the opinions of attorneys may diverge, Horan believed that admiralty law “doesn’t end at the sanctuary border.” Even if Joe’s gold was inside the sanctuary, he could still lay claim to it through the admiralty arrest process, essentially forcing the government to fight it out in court.
There was a huge catch, though: To actually “arrest” the treasure, you have to tell the court what it is that you want arrested and where it is. And Joe didn’t know those things, exactly. Not yet.
Horan could easily draft an in rem action for Joe, but to prevail in court, Joe almost certainly needed some hard evidence that historic and valuable manmade objects were really down there — a gold bar, a scrap of wood or metal from a ship, or, at the very least, detailed and persuasive photographs, for starters.
“If somebody says they found a Spanish galleon,” Horan recalled, “the first thing I ask them is, when are we going to go diving? You gotta go down and pick it up.”
It still wasn’t clear to Joe how he was supposed to do that without getting caught in the act by NOAA staff or sanctuary officials, and he wasn’t even sure he wanted to file a lawsuit. Did he really have the stomach, or the cash, to spend the next five to 10 years of his life in court?
But by this point, he was itching to do something. There was a huge part of Joe, not necessarily a logical or calculating part, that just wanted to see the gold bars up close. To feel one of them in his hands. Hollingsworth was getting impatient, too. They wanted to know what they were dealing with.
They started planning a small expedition. As much as it scared him, Joe would take the Pioneer back to the spot of his discovery. He would figure out a way to explore the bottom, get a precise fix on the location of the gold bars from his videos, and search for other signs of a shipwreck.
The expedition would be a Hail Mary of sorts, an improbable and desperate expedition on a shoestring budget. Because of the federal rules governing marine sanctuaries, he couldn’t dive or use a rover there. If he anchored his boat in one spot for even a few days, he might attract the attention of NOAA or other fishermen. As always, Joe was terrified of giving the government even the slightest cause for suspicion. Whatever he did, it would have to be quick, cheap and improvised. It would probably brush right up against the lines of the law. And if it didn’t work, he might have exhausted his options. But he was determined. It could be his last chance.
Chapter 11. The Cannon
In any underwater recovery operation, the first challenge is to find the object on the seafloor, which is not as simple as it might seem, even with a boat full of fuel, a high-quality GPS system and an exact set of coordinates. The boat sails to the spot and drops anchor; the crew prepares to explore the depths below. But the surface of the ocean doesn’t stay still. Even an anchored boat can be rocked by waves and swell and drift out of position.
And Joe faced an additional difficulty. While he knew the approximate spot where his boat had been when the GoPro captured the initial videos, he didn’t know the exact location of the treasure, because the GoPro was clipped to the trawling net, which trails several hundred feet behind the boat, swaying with the currents. The gold he sought might have been anywhere within a circle several hundred feet in diameter.
According to David Mearns, an accomplished shipwreck hunter and oceanographer in the United Kingdom who has located wrecks around the globe, if an underwater search circle is as small as 200 meters (650 feet) across, it’s still “virtually impossible” to locate an object like a gold ingot on the seafloor. It would be like trying to find a lost iPhone in a park the size of four football fields — in the dark. Joe’s search area was substantially larger: According to his calculations, the gold bars were spread out over a quarter-mile stripe of seafloor, with a few hundred feet of uncertainty over where that quarter mile started and ended.
But Joe had one more piece of information that could help: the location of the Pioneer when its net got snagged on a large underwater object in the same area where the videos were taken. He knew from experience that a snag like that is typically caused by a shipwreck and had marked the spot on his plotter, an electronic chart that displays a vessel’s coordinates.
Whatever was down there, he was going to need some new imaging equipment to document it. The GoPro video cameras alone wouldn’t work, because they operated blindly; Joe could switch them on and send them underwater, but he could see the videos they captured only after the fact. He needed a live camera to use as a sort of inverted periscope — a way to see what was going on underwater as he navigated.
Hollingsworth and Joe settled on a product called a SeaViewer, a small camera that takes real-time underwater video and transmits it to a monitor on the ship. They spent about $15,000 of their dwindling funds to purchase two SeaViewers equipped with powerful lights to illuminate the seafloor. Because these new cameras would provide a live feed only, with no ability to record the images, Joe planned to use the SeaViewers to pinpoint the exact location of the shipwreck. The GoPros, operating simultaneously, could record it.
Even now, Joe won’t reveal exactly how he decided to deploy the SeaViewers. But he built a custom contraption to hold them in place, relying on the same sort of skills and scrap materials that he and his daughter used to make the Fisheye, the hydrofoil that housed the GoPro cameras.
In the meantime, Horan and Hollingsworth drew up paperwork for an admiralty arrest. “COMPLAINT IN REM,” it read, “FOR AWARD OF FIND AND/OR SALVAGE.”
The language of the complaint spoke to the oddities of maritime law, its precepts shaped by merchants and empires. Joe’s fishing company, GGP LLC, was the plaintiff. The defendant was “THE UNIDENTIFIED, WRECKED AND ABANDONED VESSEL, her tackle, armament, apparel, and cargo located within 3,000 yards of two points with a line drawn between them located at”— and here the lawyers left a space to fill in the rough coordinates of the find. The document went on to say that the defendant (the wreck) was in a state of abandonment and the plaintiff was willing to spend a great amount of time and effort to salvage it. Depending on what Joe actually discovered during his upcoming dive, the lawyers would tweak the wording.
With the legal paperwork drafted and the new gadgets loaded onto his boat, Joe was ready to sail back to the site of the snag. He decided to ask his deck boss, Joleen, to join him. She was the only person in his professional circle whose eyes didn’t bug out when he talked about gold; the prospect of recovering sunken treasure hadn’t changed her in any way.
They followed their normal fishing routine, which meant leaving in the middle of the night from Moss Landing. Joe started the engine at around 2:30 a.m. From his ratty captain’s chair, Joe piloted the Pioneer through the harbor’s narrow entrance to the Pacific. Once in the open ocean, he increased his speed to 7 knots (around 8 mph) and headed west into the Monterey Bay sanctuary.
About five hours later, with the sun rising, they approached the site of the snag. Joleen brought eggs and toast up to the wheelhouse on paper plates. Saying little, they ate the breakfast, dropped the recording devices in the water and started watching a large flat-screen monitor displaying the live images from the two underwater cameras. Each SeaViewer documented a 10-square-foot patch of seafloor and relayed a grainy black-and-white feed to the screen.
All through that day, and continuing after sunset, they stared at the screen as Joe steered the ship around the target area, first back and forth, then in slow arcs, planning to circle the approximate spot until he found the wreck, like fishermen do when they hunt for a missing net or crab pot. There was little to see: bare ocean bottom, seaweed, rocks. Meanwhile, the GoPro cameras whirred, filling their precious memory cards with useless footage of silt.
Midnight passed. Joleen started to get tired. Then, around 2 a.m., the view on the screen suddenly changed.
An object loomed into view, covered in seaweed and barnacles. It was cylindrical. And massive. It stuck out of the mud at a 30-degree angle. It seemed to be about 14 feet long.
Joe knew instantly that the object had to be man-made. It was perfectly symmetrical.
He looked closer. The object appeared to be perched on a pedestal.
He thought: That’s a cannon.
At that moment, Joleen happened to be glancing away from the screen. She couldn’t hear the long string of swear words Joe uttered, nor was she positioned to read his lips. He touched her arm; she swung her head. He pointed at the image on the monitor. That’s when Joleen saw something she had never seen before in her thousands of hours at sea.
“I was speechless,” she later recalled. “I was afraid to talk.”
To Joleen, the cylinder looked like the chimney of an old steamboat, the kind you’d see in a painting or a History Channel documentary. That was her instant reaction. It was followed immediately by another one, equally strong: It can’t be a shipwreck. The idea that they’d actually found a lost ship just seemed too fantastic.
The two gaped at the screen for more than a minute.
Joe felt a giant sudden surge of gratitude that Joleen was there. Of everyone in his life, she was the least invested in the gold and the most pragmatic. How could he possibly be hallucinating a lost shipwreck if she was seeing it too?
For him, a cannon just made sense. It was the last piece of a puzzle that his entire family had been assembling for a hundred years, never being able to see the full picture until now. All the thousands of days when they had scraped their nets across the seafloor, all those times his father and grandfather had snagged their nets, all the machines Joe had rigged up to shoot video of his net in action, all the thousands of hours he’d spent training his eyes to pick out shapes and colors in that footage of dark water — all that labor and pain had finally wrenched this new fact from the bottom of the ocean. Something big and man-made was actually down there, Joe realized, and any professor or shipwreck diver or treasure hunter or lawyer who doubted him could bring his own boat to this spot and see for himself.
As he and Joleen continued staring at the screen, the Pioneer’s underwater gear drifted dangerously close to the cannon-like object. Joe quickly took the boat out of gear and turned the wheel hard to starboard to avoid getting snagged again.
The maneuver snapped him out of his reverie. And suddenly, he realized something awful: The GoPro cameras’ memory cards had room for only 10 to 12 hours of footage. He and Joleen had been searching for the wreck for more than 20. The cameras had long stopped recording. They hadn’t captured any video of the huge cylinder.
For a few breathtaking minutes, the fisherman had seen a sunken ship. But he had no way to prove it. All he had was a story.
The trip dissolved into more frustration and bad comedy. Though Joe circled back for a closer look, there wasn’t much more to see: The cannon-like object was covered in so much algae it looked like an old man who hadn’t cut his hair in decades. Joe also managed to catch sight of a few rectangular objects with shapes similar to the ingots in the original videos, but because the image was in black and white, he wasn’t able to tell whether they had the telltale glow.
After 48 hours at sea, with nothing to show for it other than another dead end, he felt defeated. He pointed the Pioneer east and returned to shore.
Chapter 12. The Wharf
He never went back.
The decision to end his treasure hunt had nothing to do with the gold itself, its existence or nonexistence. After seeing the image of the cannon, Joe was more convinced than ever that there were gold bars there and that they belonged to a lost ship on the seafloor. A serious expedition, he believed, would find the wreck, and the gold.
But after months of hoping and planning and dreaming, he saw no way to get it done himself. He’d done what he could with the tools at his disposal, but it wasn’t enough. The tinkerer in him was still confident that he could invent a contraption to scoop up the bars on the cheap — a dredging sled, maybe. But if he tried anything like that, the feds would catch him and he could lose everything.
The frustration had added up. The severity and seeming illogic of the federal rules. Fear of going to prison for breaking them. The distraction from his fishing business. Hollingsworth’s zealotry. Joleen’s disdain. The byzantine weirdness of maritime law. And most of all, maybe, the emotional toll. The pain of wanting something so badly, something that seemed so close, and grasping for it over and over, only to come up empty.
So in the late summer of 2015, Joe called everyone involved and let them know he had reached a breaking point. He didn’t want to raise money for another expedition. He didn’t want any more Hail Marys or distractions from his normal life. He didn’t want to risk prison. He was pulling the plug.
Horan, the lawyer in Florida, moved on to other projects. Joleen was glad to return to their old fishing routine. (“Life is not about money or gold,” she said. “Life is about people, relationships, friendships, love.”) Grazia agreed it was time to move on. If someone with the means wanted to search for the treasure one day, she figured, she and Joe could just hand over the GPS coordinates — for the right price. The most crucial part of the secret was still theirs, after all.
“We have the spot. We saved it,” Grazia said. “And we haven’t forgotten about it.”
Even Hollingsworth, the family lawyer, realized that Joe needed to get back to his livelihood: “If he’s prospecting, he’s not fishing.” But of all the people who had joined the quest, Hollingsworth took the news the hardest. “It almost makes me want to cry,” he said. “It’s a lost opportunity, you might say.”
Joe tried to push the gold to the back of his mind. He focused on reviving his fishing business, with some success. He drew positive attention for his eco-sensitive trawling techniques and earned praise from the environmental watchdog group Oceana. The groundfish populations were recovering, and the government was raising catch quotas, meaning he could make more money trawling. He and Grazia moved the family to Chico, where the schools are better and they could rent a larger house. And Joe relocated the Pioneer’s home port to San Francisco, the same wharf where his grandfather had gotten his start in America.
In 2017, he led a successful campaign to relax Port of San Francisco rules that prevented fishermen from selling whole fish straight from their boats. The Chronicle wrote about Joe’s effort, and before long, he was selling his catch directly to customers at the wharf, thousands of pounds at a time. Joe, Joleen and their crew would return from fishing late on Friday and stay up all night sorting and icing up to 40,000 pounds of fish. At sunrise on Saturday, they’d hang a poster advertising their wares: bocaccio ($3 a pound), chilipepper rockfish ($3), petrale sole ($5), black cod ($5). Some mornings the line of customers snaked for 20 or 30 yards.
Despite these successes, Joe still struggled to make a living. A typical fishing trip, which took place about twice a month, might gross him $28,000. But after paying $20,000 in expenses for each trip, including labor, diesel fuel and quota payments to NOAA, plus monthly insurance costs and other boat-related expenses, he was lucky if fishing put $5,000 a month in his pocket. To tide the family over, Grazia had to take a job as a janitor at California State University, which at least provided health insurance for the family.
By summer that year, Joe’s life had essentially returned to normal. But he still thought about the lost gold from time to time, and as the months went by, he started to feel guilty about staying silent. Did he have some responsibility to tell people about his find, so that other, better-funded explorers could try to recover the wreck and put a name to it? Unless he told the world what he’d found, it was destined to remain lost.
“I can’t go to the grave knowing I never did anything about this,” he said. “At my age, it’s not like I have a tremendous amount of time.”
Chapter 13. A Curious Object
One weekday afternoon in July, after Joe and Joleen made a delivery of donated fish to a food pantry in SoMa, they drove Joe’s truck to the San Francisco Chronicle building at Fifth and Mission streets. From the lobby, a reporter escorted them up to the third floor and into the newspaper’s wood-paneled meeting room, where another reporter and an editor were waiting.
Joleen wore her hair in a ponytail fastened with a yellow plastic zip tie. Joe was dressed in a blue T-shirt, jeans and his crusty boots. He said he was sorry if he stank of fish.
From a canvas bag, he pulled out his laptop and five ragged sheets of yellow paper scrawled with his handwriting. They were notes he had taken while watching his videos of the ocean floor. The sheets were filled with numbers indicating time stamps in the videos, and next to the numbers were scribbled phrases noting what he thought he saw at those spots: “solid shine,” “objects to check out,” “BAR.”
“I wish I’d labeled this stuff better,” he said, shuffling the sheets and spreading them out on the meeting room’s long wooden table.
With his laptop connected to the room’s teleconferencing screen, Joe clicked on a clip and pressed play. For the first time, the reporters watched several more of Joe’s videos.
By that point Joe had been talking with us for more than a year and a half, ever since he texted Tara Duggan out of the blue in September 2017 — Do you want to see something that I found on the bottom of the ocean with my camera — and shared the picture of what he’d decided was a gold bar. After that, Joe had told his story little by little, making time for interviews between fishing trips and construction jobs. Talking to the press was something he’d strictly avoided during his pursuit of the treasure. But now, after abandoning his quest, there was no point in keeping the secret, he explained. And maybe something good would come of the publicity.
Maybe a rich or powerful person might read his story and intervene. Maybe Donald Trump, a famous gold aficionado, would call up and offer assistance. Maybe Joe would answer his phone one day and Elon Musk would be on the line, offering to invest in an expedition.
As Joe recounted his adventure over the months, we worked to confirm the story, reaching out to the divers and lawyers he said he had met along the way. His story checked out; although Joe sometimes conflated events or mixed up names, people remembered meeting him and said he was telling the truth. The only part that confused us had to do with the GoPro videos — Joe’s evidence.
Early on, he had shared one of the 18-minute clips. We could easily make out the obvious rectangular object — the thing that looks like a gold brick — at the five-minute, two-second mark. But Joe said he could discern additional bars that appear later in the video, and we couldn’t see them, no matter how many times we replayed the clip.
So we emailed the video to five independent experts, including the shipwreck diver John Chatterton, two other experienced divers, a marine archaeologist and James Delgado, the former marine sanctuary official. Their reactions ranged from curiosity to skepticism.
Delgado said the object at 5:02 “certainly looks like a single gold ingot,” calling it “a fascinating find.” But he didn’t see any signs of a shipwreck. The other four experts called the video inconclusive, agreeing that while Joe might have captured an image of a lone gold bar, they would need more detailed imagery to say for sure, and they didn’t see any additional bars in the footage.
The diver and shipwreck hunter David Mearns cautioned that the yellow tint of the object wasn’t its true color, because red wavelengths of light don’t penetrate deep water. He and Chatterton also pointed out that if the object were gold, it probably wouldn’t be sitting exposed on the seafloor — the extremely heavy metal would be buried in the soft muck. They suggested that the object could be something else, like a piece of another kind of metal recently dropped into the ocean, or even a chunk of colorful trash.
“He has seen something in his video that needs further investigation,” Mearns wrote. “But the whole story is moot unless he can return to the exact spot and put divers down to recover the object.”
“The ocean floor is littered with all kinds of trash,” emailed Thomas Levy, a professor of archaeology and anthropology at UC San Diego and co-director of the Scripps Center for Marine Archaeology. He apologized that he couldn’t be “more helpful or enthusiastic,” as if he felt bad for dashing the fisherman’s hopes.
When we told Joe what the experts said, he didn’t seem flustered or disappointed. He said the experts had seen only one of his video clips, not the full set, and his other footage was full of intriguing objects. We asked to see those additional videos, and that’s how he and Joleen ended up at The Chronicle’s office, where Joe guided us through three GoPro videos that he said he had never shared outside of his inner circle.
Every so often, he pressed the pause button and pointed to something he thought could be treasure.
“See it?” he said, freezing on an image of a reflective whitish object half buried in the seafloor. It seemed to have three slightly curving tines, like a fork — or part of a metal hand, he said. He thought it was a fragment of a gold statue, though none of his own expert consultants had agreed with that assessment. “Isn’t that trippy?”
At some of the time stamps that were supposed to show a gold bar, nothing at all stood out, but Joe didn’t seem flustered. He simply muttered a soft “OK” and moved on to the next time stamp. And as we continued to watch, sometimes playing the videos in slow motion, we did notice two or three objects that sure enough resembled the original bar — rectangular shapes with shiny surfaces, though not as clearly brick-like or gold colored.
“That’s gold,” Joleen piped up as a reflective surface flashed by.
Joe said he disagreed with the argument that any true gold bar would sink instead of sitting on the seafloor. The ocean floor is hard in that part of the sanctuary, he insisted, a mix of sand and shale with the consistency of broken shards of concrete, so a heavy object wouldn’t necessarily sink. He also said one of his two heavy trawl doors could have dislodged a buried gold ingot and propped it up.
Joe’s arguments boiled down to this: Yeah, he might not have a college degree or treasure-hunting experience, but he has spent four decades developing an intuition about the bottom of the ocean. It ought to count for something. After five years of struggle and frustration, Joe has accepted that he can’t lay hands on the gold or prove it’s real. But he’s certain someone else could. He remains completely convinced that there is gold on the ocean floor and that he is the only one who knows where to find it.
Continued,......