Am i screwed..plz help

[WMT]

When i first got my medical, i checked the box stating that i had a prior felony awhile ago (10+ years). Since then, i have incorrectly answered no. Today, i went to go testify in court for a murder trial and when i was cross examined, the lawyer tried to prove that i have a history of telling lies by putting my medical records as an example (somehow he found out that i was a pilot). The case is not related to me and i just witnessed a criminal act but this lawyer contacted all my employers and the FAA to show if i have any inconsistencies. I have a good work record, but i am so worried about my medical. He told the judge on a side bar that he contacted Homeland Security and the FAA in OKC and told them about me. The judge got pissed at him and questioned why he would try to ruin a witnesses career.

The judge threw out all the FAA medical records and told him not to further pursue it. This does not do me any good and i am so worried.

I am so worried and depressed. During the trial, i just felt like committing suicide. My wife just told me that she wanted a divorce over the weekend and i have never been so depressed. I am crying as i write this and am thinking if it could get any worse. I know that the internet is not the place but i was just wondering if anyone had any good info on what i can do. Does the NASA form help? If anyone has prior experience or any way to help, i would appreciate it. I am not making excuses for myself cuz i know that i am in the wrong, i am just trying to come out of this.

Thank you

 

[Hugh Jorgan]

Now you know what you have to do.

***

Thanks to CoolHands for this link!
http://www.ifilm.com/ifilmdetail/2410176?htv=12&htv=12&htv=12

 

[kilroy]

Usually the best thing to do if you want to keep your medical is to call the FAA in okc and explain your mistake. Just the bare minimums. But first before you do that call AOPA or aviation lawyer. But remember before you do anything there are always people to talk too. Good Luck

When i first got my medical, i checked the box stating that i had a prior felony awhile ago (10+ years). Since then, i have incorrectly answered no. Today, i went to go testify in court for a murder trial and when i was cross examined, the lawyer tried to prove that i have a history of telling lies by putting my medical records as an example (somehow he found out that i was a pilot). The case is not related to me and i just witnessed a criminal act but this lawyer contacted all my employers and the FAA to show if i have any inconsistencies. I have a good work record, but i am so worried about my medical. He told the judge on a side bar that he contacted Homeland Security and the FAA in OKC and told them about me. The judge got pissed at him and questioned why he would try to ruin a witnesses career.

The judge threw out all the FAA medical records and told him not to further pursue it. This does not do me any good and i am so worried.

I am so worried and depressed. During the trial, i just felt like committing suicide. My wife just told me that she wanted a divorce over the weekend and i have never been so depressed. I am crying as i write this and am thinking if it could get any worse. I know that the internet is not the place but i was just wondering if anyone had any good info on what i can do. Does the NASA form help? If anyone has prior experience or any way to help, i would appreciate it. I am not making excuses for myself cuz i know that i am in the wrong, i am just trying to come out of this.

Thank you

 

[FL000]

If you reported it the first time, they have it on record. It's not like they're going to take it off just because you put "no" on subsequent medicals. I'd just call OKC and make sure they have the felony on your record and tell them there's been no change. See what they say. At least you'll know where you stand.

Your career is the least of your worries right now. You should seek both a marriage counselor and a personal therapist. Don't be ashamed, just do it.

 

[johnny taliban]

Now you know what you have to do.

***

Thanks to CoolHands for this link!
http://www.ifilm.com/ifilmdetail/2410176?htv=12&htv=12&htv=12

Hugh,
I think you missed your calling in life. Maybe you ought to consider a career as a high school guidance counsulor(sp?).

Johnny

 

[rvsm410]

Take it easy Bud

Get around some good friends, do as other here have said, there in no shame in getting some help...time will heal all, nothing but nothing is worth taking your life pal....

If you reported the felony first, then did not on later medicals you should be alright, just call OKC as suggested and see what they say, I would speak to an aviation Attorney and AOPA First though....

It Christmas and its easy to get depressed.....think about your future, your family and friends, it will get better promise....

God Bless...

 

[WMT]

thanks for the advise. I am on my way to go see a psychologist tonight (my best friend's wife) and hopefully i can talk to her. Its just so difficult. This person was killed in front of me not long ago and i went to go testify and the attorney ran me into the ground. I just can not believe that he would go to the extent of contacting my employers and the faa.

I just feel so bad that i am shaking inside. It just hurts so bad inside that someone ripped my heart out. I wish that i was smarter.

 

[Vik]

You know what the first class they teach at law school?

Lying 101

The second class?

I'm a Jerk 101

Thats lawyers for you .. Don't get too depressed and carried away over the FAA and your flying job.

Don't kill yourself over your wife.

Its not worth it.

 

[snowman]

Hey pal,

Life is to short and too sweet. My brother just commited suicide. IT IS NOT THE ANSWER! Find someone to talk to ASAP. Keep writing to people here. Express yourself and don't be shy about it. Exercise. Wish the old lady the best and help her pack. Call all your friends and family and let them know you are having a rough go. GO outside and YELL AS LOUD AS YOU CAN. Call okc and let them know of the mistake. Be upfront. Be upfront with everyone.
PM me if you just want to ramble....
Once you poke your head through the clouds you will start to see the sunshine...
Good luck
Snowman

 

[SSDD]

First thing I'd do is delete this thread!!!!!

First you have the "problem" with the felony, then you admit to suicidal thoughts and depression. The last two are a bigger problem than the first.

Please get some help, but delete this thread.

Good luck.

 

[rvsm410]

SSDD, Why???

SSD, I would agree with you if he had plastered his name all over the place, but since he did not, and he is in obvious pain, I think worrying over the FAA right now is the least of the worries for this guy.....

So are the internet police going to expose him or what? This is as good a place as any right now for him to vent off some tension, Christmas is the all time height of depression...this guy has been tramatized by what he witnessed, and needs some post tramatic help.....not an additional thing to worry about,,,I say delete your post...

 

[WMT]

I just spoke to a friend and it helped releasing my frustration and crying to her. When i wake up tomorrow, i will talk to a lawyer and the chief pilot and go from there. I have decided not to fly for a time being till i can get my life back together. Thank you for the encouragement.

 

[redd]

WMT, regarding the FAA, do a forum search on the word felony to find out what has been previously said here on the board about it.

From a thread involving a similar situation, entitled, "Am I Screwed? Avbug, who is very knowledgable about the FAA and FAR's posted,

Putting false information in your application for an airman medical certificate is falsification. Doing so with the intent to deceive to obtain privileges or gain, is fraud. Fraudulent Falsification in this case could go beyond FAA sanction; it can result in fines and imprisonment. This is more than a case of weather or not you are "screwed." It is a serious matter, and it is something you should NOT be discussing outside the walls of your attorney's office.

Get off your computer right now, and call an aviation attorney. Period.

With respect to the discussion regarding background checks and other pertinent information (NDR history, etc), don't get complacent thinking that a "statue of limitations" will protect you or hide your history. Not all agencies report to the FBI, but where criminal history is reported, and pulled in your "III" (NCIC III, or "triple eye") report, it's permanant. It isn't expunged, it isn't deleted, it isn't removed, and it doesn't go away with time.

Not all agencies report to NCIC. I was in law enforcement, and I also held a qualification to do checks, and enter data. I spent a lot of nights in dispatch, and held dispatchers certification...I ran a lot of criminal history checks, departmental background checks. I entered data in the NCIC system, sent and retrieved things at the state level with various bureaus of criminal affairs (BCI).

A DUI received at the local level may or may not get reported. Not all municipalities report all information...and up until a few years ago, not all states were part of the Drivers License Compact. It's very possible for someone to have committed an act, even a felony, that isn't reported. A thorough check will go back to locals and do wants checks, histories, check neighbors, girlfriends, relatives. For a security clearance, yes. For a PRIA check, no.

You should obtain your own NDR report to begin with. You should complete a background check on yourself. See what employers and the FAA is seeing. Obtain a NDR report. Visit your local police department and request a NCIC and III (criminal history) check. See what others see. Contact the municipality,, county, and state in which your arrest took place. See what each one is reporting. There will be a slight fee...but you shouldn't make any more applications or signatures until you have that information in hand.

If there is no record of your mistakes, then you should still seek counsel with an attorney. Most likely the attorney will advise you to proceed and not worry about the past; it's buried. But don't take that counsel from anybody but your own, paid attorney. If anything turns up (and from what you've posted, there's a good chance it will), you'll definitely need the attorney.

Don't feel insulated by "statutes of limitations." Don't feel insulated by the FAA's "stale complaint rule." You've deonstrated a history of willfull fraudulent misrepresentation; this is not administrative in nature; it's criminal, and may be prosecuted in that manner. It's not even a matter of giving up flying...at this point it's something you had better deal with, and you cannot do that without the guidance of a qualified, competent attorney.

Another problem you may encounter is that the FAA computerized the airman medical application system. Formerly, the paperwork was mailed by the physician to the FAA; now it's entered by computer. Any discrepancies on the form from previous years usually result in either a suspension or revocation of the medical certificate pending a soloution. The way that usually works is that you leave the medical office with your certificate in hand, and weeks or months later you get a notice from the FAA notifying you that you have a problem.

As it stands right now, you're looking at the automatic revocation of your medical certificate and any and all airman certificates held, with your inability to apply again for a year, if any of this comes to light. Your only choice, and your only chance is to handle this via an attorney who is familiar with the process. I strongly urge you to pursue that path without delay. What you do NOT want is for the FAA or a federal prosecutor to begin action first. You handle it proactively, and things will be far better for you.

Seek the reports on your own, and bring them with you to meet with an attorney. Your situation may well be salvagable, but not unless you seek counsel soon. Good luck!

Please talk with an aviation lawyer before you ever call the FAA.

Good luck with your wife, these things are hard to go through, but you can handle it. It may take a while, but you can heal, many others have gone through the same thing.

 

[vetteracer]

Explain to your wife you need her support now more then ever. If she wants a divorce, ask her if you can discuss it after the first of the year. Right now, tell her you need a friend and ask her to put her problems aside and to help you. If she is brow beating you and hen pecking you to death, get out there. Don’t let her erode you. Go stay with friends or family. People in love can say very hurtful things, they are just that, don’t take it personally.

Second, don’t blow this out of proportion in you mind. Worry can do that to a person. Relax, have beer and get good nights sleep. Have a heart to heart with your CP and tell him what exactly is going on. He may be able to help. Sometimes in situations were we get emotional, having someone removed helping with the decisions can be the best thing.

This seems like nothing more then a clerical error and I am sure they have dealt with this before. You are not the first. Besides the feds have plenty to do keeping AA planes on the runway. J

This lawyer sounds like a real piece of work. Sounds like the judge had a fill of him as well. He may have not even contacted anyone and is just blowing smoke.

And about being smart, I am far from smart and have made plenty of mistakes but I am personable, good looking and gall darn it, people like me! You have a commercial aviation job and the last time I checked they did not give CPL and ATP to retards.

(I was the last one, new rule after me)!

Mark

 

[350DRIVER]

No job or career is worth taking a human life over, especially not one in aviation. Speak to those close to you, family, and friends and get yourself straight and on the right path prior to worrying about what the FAA may or may not do to you with regards to your certification. A job is a job, I have had many and have had even many more offers but none could be as important as life itself. This "life job" is only given to you once, you won't be able to start over again should you take it..If you have the desire, ambition, and hard work ethics then you will be successful in whatever your little heart desires. One can always start over again in a career field where you have many chances, you only get one body so care for it wisely and put your priorities in order. As bad as you may think that you have it present day just think of the thousands of homeless folks on the streets, without food, no family, no money, etc.

Step one, Get your life in order...
the rest will fall into place in due time...

Flying is a joke in a way, relatively very easy and not much one can throw at you that you shouldn't be able to handle with relative ease. Life is much more complex and requires much more hard work and desire to be "happy" and content with yourself. I would not allow this profession to dicate your actions.. Much much more to life than just a "flying career", this is more of a hobby than anything else.

If I were you flying would be the furthest thing from my mind present day- get your life in place and make sure that you have a support network in place that will ensure your success.

Seek professional help before you do anything else.. You can always find another profession should something prevent you from flying.

I wish you much luck and can only hope that you snap out of this and realize flying is not a major part of life.

3 5 0

 

[Lindy]

Why and What

Caveat: I have not "practiced" for a few years and any information provided below is for informational purposes ONLY.

First, I know that it will not help, but I can shed a little light on the "WHY." The attorney was hired (or appointed) to provide his client the best defense/counsel possible. Evidence is a proffer to "an out of court statement to offer the truth of the matter asserted," that being said, there are many evidentiary rules. Statements can include business records, medical records, video and audio tapes, etc.

Skipping over the things that are not relevant in this discussion, the most basic issue is the veracity of the witness. When a witness is testifying, i.e., providing evidence, counsel can assert that witness is unreliable and said counsel has different evidentiary rules to assist in proving the reliability/truthfulness of the witness.

In your case, counsel could have run a background check and found your former felony. Most, if not all jurisdictions, do not permit "prior criminal acts" to be admitted for more than 10 years old (we'll skip the few exceptions). So, the attorney new about your prior felony, but couldn't bring it up. He decided to keep after you, [probably] thinking that he could prove that you were an unreliable witness; which in turn would limit the use of your testimony to the jury and help his client.

NOTE: I neither condone or approve of such behavior, however, the attorney was trying to find every possible way to assist his client, albeit over-zealously.

Now, here is what I do not understand. I believe the FAA medical records are private and cannot be viewed unless there is a release; what I am trying to say, I don't think a FOIA request should have permitted counsel to obtain copies. If it is true that a FOIA request would bar release of medical records, then HOW did the attorney obtain your records? A little research in this area is needed.......

Questions you need to be asking yourself:
1. Did he obtain the records under false pretenses?
2. Who provided the records?


Now, the attorney went beyond his scope and contacted your employer, the FAA, and Homeland Security. Now it is time for you to provide damage control.

First, you previously did check the box stating that you have a felony. It has been noted in prior records. Upon receipt of your next medical, check it in the affirmative. There may or may not be questions from the AME. This issue I would suggest contacting an aviation attorney for assistance. Someone suggested AOPA legal services. I second that recommendation.

Next, the employers. Do you have copies of your application? Does it state anywhere "have you ever...."? This could be where you have the biggest issues. If you checked "yes" and discussed it, then you are ok. If you checked "no" to the felony question/arrests etc. then there are a few issues. The employer can always dismiss an individual for lying/fasifying employment applications.

Finally, Homeland Security. I believe the new applications have a restriction of felonies to 10 years (or less). If that is the case, you were not required to notify HSA because their time-line does not require it.


Finally, you might be wondering if there is any recourse against the attorney for bringing the records into the trial. It depends. It depends upon how the records were obtained from the FAA. It depends on your state's Attorney Grievance Commission. One thing that is taken extremely seriously is [alleged] misconduct of attorneys. The regulating committees of each state will investigate, however, you have to find an charge that is investigable, i.e., obtaining the records vis-a-vis fraud.

Everyone has spoken to and provided words of encourgement. Please take care of yourself.

 

[N8Dogg]

I hope you stick it to that b@stard! Good luck! We are all behind you 100%!

 

[crzepilot]

Honesty

Honesty is the best policy with the FAA, they are only going to punish you worse if you get a lawyer and play games, even still if anything happens at all, they may suspend your **CENSORED****CENSORED****CENSORED****CENSORED** license for a few days. better than having it get revoked.

Good Luck

 

[rvsm410]

FurloughGal...wow....

Really good and informative post.....I am sure this young man appreciates this information, I certainly do and wil keep it on file if ever needed...

We have Kathy AKA Resume Writer for HR stuff and job prep...

Now I vote for you to be our Paralegal....good stuff...thanks and I wish this young man the best.....

 

[No Delay]

Hey man, we all have f***ed up lives. Welcome to our community. Glad you had the courage to open up and get it off your chest. Keep doing that!


I wouldn't worry too much about the FAA or your job just yet. People are usually too lazy to forth any effort to investigate something like this. There are some issues here....but don't get too worked up over it.

You WILL pull through this....just hang in there. You will be laughing about it next year!

Don't hesitate to talk to us.