Enforcement actions for intentional omissions on 3rd class medical/PPL

[EdFred]

So, in the Operation Safe Pilot case was there deliberate omission/lying on the medical, or was it honest slipped my mind , or misread question and answer?

 

[Stan Cooper]

So, in the Operation Safe Pilot case was there deliberate omission/lying on the medical, or was it honest slipped my mind , or misread question and answer?

In my case, I deliberately failed to list my one year in 1995/1996 on SSA disability benefits eight years before the OSP investigation, my HIV infection, and the anti-retroviral medications I was taking as detailed in my posts above.

Details of the others are in the indictments of the individual cases, but in the case of the retired Delta B-777 captain that went to trial and resulted in a hung jury, it was simply a failure to note "previously reported" on his application. He had previously reported the condition that led to his disability on his applications before his retirement on disability, and it was caused by complications of a mid-air collision after which he safely landed his crippled airliner without any injuries to crew or passengers (except for the injuries he suffered). Randy Babbitt, who was president of ALPA at the time, presented him with a presidential citation for his heroism. Neither he nor the AME (who was also his personal physician) caught the error on his application.

For me, Russ Johansen is the very definition of hero. He is one of the four ATP rated pilots indicted and prosecuted during Operation Safe Pilot.

 

[midlifeflyer]

So, in the Operation Safe Pilot case was there deliberate omission/lying on the medical, or was it honest slipped my mind , or misread question and answer?

I haven't viewed the cases themselves but FWIW, both criminal fraud and FAR 61.59 fraud require knowledge of falsity and intent to deceive, not just an honest mistake. OTOH, intent to deceive doesn't require mind reading; it'd typically based on likely conduct. In the parlance, "we are deemed to intend the natural consequences of our acts." My old criminal law professor used this example: if I shoot at someone with a loaded gun, my sincerely held desire the bullet stop in mid-air and never reach the person, doesn't negate my intent to kill.

I would expect it to be difficult to claim "oh, it slipped my mind that I was collecting monthly disability checks for the condition I didn't put on the medical application."

 

[bbchien]

The number of inquiries I get that are fundamentally based in the "I'm thinking of evading" would make your head ache. Five, yesterday.

 

[Stan Cooper]

The number of inquiries I get that are fundamentally based in the "I'm thinking of evading" would make hour head ache. Five, yesterday.

The voice of experience here to anyone even remotely considering doing that, is DON'T!

 

[midlifeflyer]

The number of inquiries I get that are fundamentally based in the "I'm thinking of evading" would make your head ache. Five, yesterday.

Not sure if yours are worse or the "I already evaded" ones I often get.