Oregon Man Indicted for Flying without Airman's Certificate -

[SOUTHERNAMT]

Anchorage, Alaska B U.S. Attorney Karen L. Loeffler announced Friday that an Oregon resident was indicted by the federal grand jury sitting in Anchorage, Alaska, for flying without a valid airman’s certificate.
The offenses charged occurred in Alaska from April 1, 2010, through June 10, 2010.
Mark Alan McAlister, age 49, of Medford, Oregon was charged by the federal grand for flying a Piper Supercub, N226T, as a pilot in command when he lacked the necessary airman’s certificate authorizing him to serve in that capacity.
The maximum penalty for flying in command as a pilot without being certified is up to three years in prison and a $250,000 fine. An arraignment date has not been set.
Ms. Loeffler commends the Federal Aviation Administration for the investigation of this case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.

- See more at: alaska-native-news.com

[qsmx440]

So is there a "rest of the story"? Overweight LSA "type"? Expired medical? No tailwheel endorsement? Night violation? Just taught himself to fly from a book????

[C-90 Cub]

This is absolutely nuts. Flying without a license for just over two whole months. Is this all these elected officials have to do these days. Seriously, investigate a guy that flew an airplane for two months, 3 years ago, with an expired license. Wow, that's a crowning achievement. Gee Karen, that might get you the Nobel Peace Prize. The world is a much safer place now. Tax dollars for that investagation was well spent too. Oh, and I love how the fines are set for such a horrific crime too. Up to 3 years in prison and $250,000.00 fine for flying a Super Cub. No fine for flying an ultralight. Makes sense to me. I hope the Super Cub he was flying was painted in the correct Piper color scheme or he might get another year tacked on for poor taste.

Steve

[flylowslow]

There are some bored bureaucrats out there. Let's start a fund to help him out.

[Roger Peterson]

Where do I send the money

[Roger Peterson]

Lets just start a SC.org slush fund, and then we will have funds ready whenever needed. Just add it to our annual keep SJ afloat fund.

[WWhunter]

This country is getting worse by the minute. What utter stupity and waste of the taxpayers money. Unless a grievous crime has been committed this US attorney needs to be fired. Granted I do not know the entire story but even so, what about all the illegal driving around actually causing accidents. They get off with nothing more than a wink and a nod.
Apparntly this man must have pi$$ed someone off or stepped on an elitest's toes for this to even have been brought before the courts.
Yes, I am ranting. But having to live temporarly near this nations capitol and seeing the news media pushing their liberal agenda constantly can have an ill effect on one's well being.

[WindOnHisNose]

This thread needs NOT to go to R & R. Way too important, so please try to keep that in mind, folks.

A flying with valid credentials means not only having a certificate, it means having a valid medical certificate as well. I know of many who don't, and it isn't limited only to Alaskans. We need to be vigilent. My post under the resignation of the AOPA President stands here, too. We need strong and clever leadership, and need to stand together, imho.

The subject of this thread is not good news, but it was just a matter of time, I think.

[Bill Rusk]

We don't know the story but I'm guessing he was flying for hire. Private pilot flying solo I really doubt they would pursue this. The feds really don't care if you kill yourself but if you put others at risk they do get pretty fired up. So just a guess...........

Bill

[WWhunter]

Randy,
Agreed, I apologize for getting off subject. Should have left the Sunday paper laying on the ground this morning.

As you state, there are many that are flying without valid medicals. There are also a number of pilots that have been lucky in still being able to pass their physical by 'fudging'. As the general populous of pilots gets older there are going to be more issues like this unless the rules can be ammended to allow a little common sense. It WILL take a "strong and clever leadership" to make this happen.

[Taledrger]

We don't know the story but I'm guessing he was flying for hire. Private pilot flying solo I really doubt they would pursue this. The feds really don't care if you kill yourself but if you put others at risk they do get pretty fired up. So just a guess...........

Bill

I fully agree.. You don't know the circumstances. The guy may have lost his license for good reason and just continued to fly for hire.

What if his certificate was revoked for failing a drug test and he snuck up to Alaska and continued to fly "for hire" with out a valid certificate. Is that not due cause for an indictment????

Not saying anything like that happened but makes more sense then any "theory" previously sited ...

[qsmx440]

Normally in police work, and despite what everyone believes, "quotas" are not the norm, BUT that said I do remember when there was a budget crunch many years ago a Washington State trooper told me they were being pushed to write 3 and 4 mile an hour over (in the 55 zone) speed limit tickets by the management. This would normally be considered "chippy" and poor form besides getting you berated in court by any of the "old reasonable judges". I don't know about today when the courts are financially strapped also so they may be complicit in revenue generation from the bench. I don't know. It would be interesting to see and track the frequency and type of tickets being issued. Violations (in a free society) should be driven by probable cause such as: complaint "see that guy over there. He has been bragging his license is expired", or the officer observes a substantial air violation in the pattern, or the aircraft was seen on radar violating a TFR or? Then the officer has probable cause to contact the pilot and at that point the paperwork better be in order. Of course I'm talking free society devoid of excessive government intrusion. By the way "probable cause" is everywhere for the sharp cop so there may be a lot more than revenue/job justification behind this.
Randy these things are all related. The gun threads, the AOPA stuff, medicals, guys bumping aircraft on a remote strip in Alaska. There is either a legitimate safety concern behind this violation or politics/bureaucracy/aggressive cop. It's difficult to walk the line and discuss "intrusions" in these threads unless we just want to stick to the facts and not the philosophy behind them and that does not change any minds or fix any problems or enlighten us. Isn't the concern in this kind of thread government intrusion appropriate or inappropriate? It's not fair to the cop to just decide she did something wrong when she is not here to defend herself or justify her actions. The pilot may be getting a raw deal from an overly aggressive rookie. The whole system may have threatened the FAA people with their jobs if they don't generate more revenue (No justification of course). DON'T rely on the modern judges to protect you from any of this (See how do we avoid talking politics if we start talking about the court system with appointed judges??). If the R&R moderator wants us to stick to "wing angle of incidence" threads then fine (they are great) but really this thread by mentioning the cops name, the violation, and the pilot will probably be named at some point probably does belong in R&R where it can be discussed freely and "disappear" in a few weeks. JMHO and maybe I've missed the point of sc.org. I didn't originally come here for politics but when something like this turns up then the subject rears it's ugly head.
Why is it that threads are not just started in R&R when they mention peoples names or other "sensitive" stuff?
Also it would be nice if the moderator could at least write a simple post (Only one post. Not get into an argument) about what sent any given thread to R&R. Doesn't have to be judgmental, just the facts. Maybe we could learn and dial back a bit to walk closer to the "right" side of the line.

AND MR. moderator please just delete my post if my post is going to R&R this thread I can take it. Do it for Randy's sake and so I can stay on his good side

[kase]

This guy got in trouble to for changing his n number etc.

http://www.avweb.com/avwebbiz/news/P..._208234-1.html

[sjohnson]

We don't know the full story from this brief article, and often the rest of the story matters. But at least there appears to be a genuine violation, occurring over several months. Too often the authorities overreach and press for charges where there is no crime, or for a greater crime than evidence supports, under the theory "well, he must be guilty of something."

[qsmx440]

This guy got in trouble to for changing his n number etc.

http://www.newson6.com/story/2124244...eral-plea-deal

If that was mine before I delivered it it would be full of holes and the engine run with sand in the oil! IF there is nothing more to the story WTF! How could this be discussed without discussing the very core of this countries existence? Finally read something that got my blood up this morning.

[NimpoCub]

R&R suggestion:
IF a worthy thread like this happens to trip the R&R trigger, maybe SJ could just edit the post & insert something like "Edited for political correctness".

Of course, if someone said BO is not a nice man, that would offend ALL not nice people, and we should be protected from that!

[gbflyer]

We don't know the full story from this brief article, and often the rest of the story matters. But at least there appears to be a genuine violation, occurring over several months. Too often the authorities overreach and press for charges where there is no crime, or for a greater crime than evidence supports, under the theory "well, he must be guilty of something."

Yep. They were all set to draw and quarter the dentist up in Fairbanks for that explosion at his "armory" a month or so ago. Read the other day all criminal charges dropped.

[qsmx440]

R&R suggestion:
IF a worthy thread like this happens to trip the R&R trigger, maybe SJ could just edit the post & insert something like "Edited for political correctness".

Of course, if someone said BO is not a nice man, that would offend ALL not nice people, and we should be protected from that!

Here we go. At least Randy won't blame me . Anyway Randy was the first to mention R&R, then I made my post (my typical book), then some trouble maker posted the helicopter article then I went ballistic, now you nimpo! Basically this is Randy's fault. What was this thread originally about?

[mvivion]

I fully agree.. You don't know the circumstances. The guy may have lost his license for good reason and just continued to fly for hire.

What if his certificate was revoked for failing a drug test and he snuck up to Alaska and continued to fly "for hire" with out a valid certificate. Is that not due cause for an indictment????

Not saying anything like that happened but makes more sense then any "theory" previously sited ...

But, that wouldn't match the conspiracy theorist's program, would it? I never cease to be amazed at how wound up folks get over something like this without the slightest HINT of what the case is all about.

And, the guy who lost his helicopter.....he was caught buzzing houses and suspended, then tried to change the tail number from a Q to a 0.....rocket scientist I'm guessing. Even suggesting sabotaging an aircraft engine is a uniquely bad idea, methinks. If someone were to get hurt in that thing, it could get REALLY ugly.

I realize it wouldn't be as much fun, but why not wait till there's at least a LITTLE bit of information on this?

Just a thought, back to your rants

MTV

[Randy]

This is from Kase's link to the helicopter guy...

"But it wasn't that crime that originally drew attention to him from the feds.
According to the Sun they began investigating him because of a report of
"suspicious behavior" when he was spotted filling jerry cans of fuel at the
Winslow Airport and someone told the local Homeland Security office. Thinking he
might be involved in something nefarious "
Just curious how filling jerry cans at the airport is construed as a "nefarious" act these days?
Is filling jerry cans at a gas station nefarios, too?
I'm guilty
Randy

[GeeBee]

Guys first of all it is unlikely he will be imprisoned for 3 years and a 250K fine. That is the maximum and lawyers will handle the required reductions. Second, we live in a world scared by 9/11. The authenticity of our piloting privelages should be jeolously guarded by all because if it is not, things can become real tough real fast. Airport access, access to our planes, access to plane parts, just filing a flight plan etc could become a real nightmare. We owe it to ourselves to make sure that everything counterfiet in our business is dealt with and disposed of properly in a manner that will deter others in the future.

[SJ]

R&R suggestion:
IF a worthy thread like this happens to trip the R&R trigger, maybe SJ could just edit the post & insert something like "Edited for political correctness".

Of course, if someone said BO is not a nice man, that would offend ALL not nice people, and we should be protected from that!

I got a better idea, why don't you guys just talk about things in a manner that I don't have to do that?

sj

[aktango58]

I got a better idea, why don't you guys just talk about things in a manner that I don't have to do that?

sj

Speaking of no fun at all


for those that might wonder, I did a search for the name...

http://www.michigan-sportsman.com/fo...d.php?t=366958

Wonder if it is the same...

[S2D]

Where is Cristina? We had an argument a couple years ago about this. She said there was no law against it, but local guy here found out differently. Never could find the law. Anyone know which law he broke?

[NimpoCub]

I got a better idea,

You've always got a better idea.
That's prob'ly why this is such a great place to be!

But I really think that'd be a better alternative for "borderline stuff". Just a few more keystrokes?

[fabricfan]

This country is getting worse by the minute. What utter stupity and waste of the taxpayers money. Unless a grievous crime has been committed this US attorney needs to be fired. Granted I do not know the entire story but even so, what about all the illegal driving around actually causing accidents. They get off with nothing more than a wink and a nod.
Apparntly this man must have pi$$ed someone off or stepped on an elitest's toes for this to even have been brought before the courts.
Yes, I am ranting. But having to live temporarly near this nations capitol and seeing the news media pushing their liberal agenda constantly can have an ill effect on one's well being.

Ditto

[n40ff]

This is from Kase's link to the helicopter guy...

"But it wasn't that crime that originally drew attention to him from the feds.
According to the Sun they began investigating him because of a report of
"suspicious behavior" when he was spotted filling jerry cans of fuel at the
Winslow Airport and someone told the local Homeland Security office. Thinking he
might be involved in something nefarious "
Just curious how filling jerry cans at the airport is construed as a "nefarious" act these days?
Is filling jerry cans at a gas station nefarios, too?
I'm guilty
Randy

Me too

[GeeBee]

This is what happens when you don't defend the integrity of the system at the lowest levels.

http://articles.washingtonpost.com/2...s-indian-pilot

[Steve Pierce]

We have a guy here flying without a license. Takes other people including kids flying quite often. He is perfectly capable of passing the test and medical but chooses not to. I would LMAO if he got caught.

[OLDCROWE]

We have a guy here flying without a license. Takes other people including kids flying quite often. He is perfectly capable of passing the test and medical but chooses not to. I would LMAO if he got caught.

We had one of those a couple of years back make the news when he killed a kid he was giving a ride to when he put his plane in Grand Lake at night.

[cafi19]

Interesting to me that people are getting exited about the authorities taking offense to someone breaking the law. Hello? I agree with Bill. I think there is more to this story than just a guy flying without a license. I must also point out the obvious (maybe there are some short memories here)....there was a very high profile accident a few months ago where the "pilot" had not in fact gotten his certificate. Granted that likely had little to do with the cause of the accident....but maybe had he gone through the full process he would have thought twice before jumping in his plane because he had something that could be taken from him....besides his life of course.

cafi

PS forgive me sj

[sierra bravo]

Anyone know which law he broke?

Accused of breaking. I believe a federal indictment would have gone through the grand jury process where a panel of randomly selected regular citizens would have heard the evidence and recommended the case for trial, right?

49 U.S.C.
United States Code, 2011 Edition
Title 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iv - enforcement and penalties
CHAPTER 463 - PENALTIES
Sec. 46317 - Criminal penalty for pilots operating in air transportation without an airman's certificate
From the U.S. Government Printing Office, www.gpo.gov

[h=§46317. Criminal penalty for pilots operating in air transportation without an airman's certificate]3[/h](a) General Criminal Penalty.—An individual shall be fined under title 18 or imprisoned for not more than 3 years, or both, if that individual—
(1) knowingly and willfully serves or attempts to serve in any capacity as an airman operating an aircraft in air transportation without an airman's certificate authorizing the individual to serve in that capacity; or
(2) knowingly and willfully employs for service or uses in any capacity as an airman to operate an aircraft in air transportation an individual who does not have an airman's certificate authorizing the individual to serve in that capacity.

[GeeBee]

The fact that this was handed to the US Attorney to handle in a criminal manner, rather than through the FAA civil penalty process tells me there is much, much more to the story. Normally this would not be a criminal case.

[qsmx440]

The fact that this was handed to the US Attorney to handle in a criminal manner, rather than through the FAA civil penalty process tells me there is much, much more to the story. Normally this would not be a criminal case.

If you stop and think about this for just a minute, and I'm no idealist, is it not street justice to use one law to get even with someone for breaking a different more serious law when you can't get the evidence for the more serious law? This stuff makes great endings to movies with the twist against the "bad" guy when he thinks he has "slipped the noose" but is the act of the justice system in this manner not corruption?
If the helicopter pilot was compromising public safety by "buzzing" then he should be charged with "buzzing" and if intentional locked up to think about his selfish behavior and the "N" number thing is just a minor add on. I have seen this kind of thing in law enforcement and it's not constitutional. Intentions, fairness, personal opinions or even "group" opinions not codified into law and tested through the court system have absolutely nothing to do with justice. If they do then you don't have anything you can depend on where your government is concerned in the morning when you get out of bed. Some cop watches you bounce a landing, walks right past a line of aircraft with bald tires and writes you a ticket for bald tires because he "just knows you have done something".
It is true that in both cases there is probably "more to the story" but does that give the system the right to "come up with something minor" and levy a 250,000$ fine or confiscate a helicopter?

[mvivion]

If you stop and think about this for just a minute, and I'm no idealist, is it not street justice to use one law to get even with someone for breaking a different more serious law when you can't get the evidence for the more serious law? This stuff makes great endings to movies with the twist against the "bad" guy when he thinks he has "slipped the noose" but is the act of the justice system in this manner not corruption?
If the helicopter pilot was compromising public safety by "buzzing" then he should be charged with "buzzing" and if intentional locked up to think about his selfish behavior and the "N" number thing is just a minor add on. I have seen this kind of thing in law enforcement and it's not constitutional. Intentions, fairness, personal opinions or even "group" opinions not codified into law and tested through the court system have absolutely nothing to do with justice. If they do then you don't have anything you can depend on where your government is concerned in the morning when you get out of bed. Some cop watches you bounce a landing, walks right past a line of aircraft with bald tires and writes you a ticket for bald tires because he "just knows you have done something".
It is true that in both cases there is probably "more to the story" but does that give the system the right to "come up with something minor" and levy a 250,000$ fine or confiscate a helicopter?

Fascinating how people can scan a report, then essentially ignore the actual story. The helicopter guy had his pilot certificate SUSPENDED for buzzing. That is a civil matter, not a going to jail criminal matter, NORMALLY...refer to CFR 14, part 91.13 (careless and reckless).

The TAIL NUMBER gig was just his little ploy to hopefully prevent anyone from noticing that he was still actually flying. TSA, having followed him with his jugs of gas and observed him filling said helicopter, then no doubt tried to discern who he was by looking up the helicopter's tail number.....and nothing matched. Enter the FAA again, having been notified by TSA that there's something strange about that helicopter.......

So, he lost the helicopter because he was operating it without a valid certificate AND because he'd illegally altered the registration number to cover his violations.

It wasn't a "get even" kind of deal at all....it was his second and third INTENTIONAL and willful violation of the regulations. Most folks, if they had their pilot certificate suspended would lay low for a while till the suspension expires, THEN go back to flying.

So, the question here, which I'm sure the judge considered, is do we really want this guy flying ever again? Now, of course, he COULD just go buy another helicopter and register it to a dummy corporation......and maybe he will. If he were to do THAT and get caught, I'd bet the US Attorney's office would be involved with criminal charges and potential jail time.

MTV

[SJ]

I just keep thinking about something an old instructor told me once, that flying is a privilege, not a constitutional right. As we were probably all also told, a pilots license is a bare minimum of what you need to know to safely operate - not an overboard maximum. While it might make sense if you or I were to go to the pilot of an SWA 737 and check his credentials before a flight, to the public at large they would not have a clue what licenses. medical, or type certificates were required. The guy who gave me my private checkride told me when I had passed that he asks himself at the end of a checkride if he would put his wife and daughter (non pilots) in a plane with me before he makes the decision I told him I wouldn't even put his wife and daughter in a plane with me - but he still passed me.

Finally, I once heard a story from a member about a farmer in New Mexico who had a sixty square mile ranch (apparently enough for about 9 head of cattle down there). He used an old super cub to survey the land and cows and never left his property. Of course, he got in trouble with the FAA and could never understand what the problem was since he was on private property. I'm just glad I wasn't there when he learned about mineral rights...

sj

[jr.hammack]

sj,
ya'r speak'n trash as there aint no 60 sq.mile farms in n.m. there called ranch's!! sides that i had mor'n 9 head before we sold out and moved to the great land!


jr.

[SJ]

Oppps... I knew I would get the facts wrong....

[ndill]

Finally, I once heard a story from a member about a farmer in New Mexico who had a sixty square mile ranch (apparently enough for about 9 head of cattle down there). He used an old super cub to survey the land and cows and never left his property. Of course, he got in trouble with the FAA and could never understand what the problem was since he was on private property. I'm just glad I wasn't there when he learned about mineral rights...

sj[/QUOTE]
You forget SJ you now live in the land of the fear, home of the authoritarian socialist. There are no true property rights left in america, if you truly own your house
why do you have to pay a yearly rent/tax to live there.

[SJ]

You forget SJ you now live in the land of the fear, home of the authoritarian socialist. There are no true property rights left in america, if you truly own your house
why do you have to pay a yearly rent/tax to live there.

Surely this all happened before your time as well, I don't remember it any other way. It is interesting to me that we often have arguments on this forum about how sad it is that we don't have access to all the "land" out there to land on - because it is private, or otherwise held property. It seems we want "socialist" land when it is convenient and private land when it is convenient. The tax I pay on my "land" largely goes for access to it and services. Since pretty much all the land is spoken for, somebody has to maintain access to it.

I'm curious, what country has a land / tax model that makes more sense, and who handles the maintenance of access to that land?

sj