Bogus aircraft dealer in New Mexico

[ttracey60]

All you folks that fly experimental aircraft - beware. Out here in New Mexico there's a guy named Brian Shaw in Tor C selling airplanes he claims are freshly annualed. Not true.

I bought a Sonerai II from him. The entry in the logbook of the AI and the corresponding # for that AI were both bogus. The FAA data base has no AI by that name and no AI with that certificate #.

This little airplane had to be gone through from one end to the other to get her airworthy again. Two years later, I'm still finding stuff that isn't right.

I turned this over to the FAA. They claimed there wasn't anything they could do about it. Evidently, forgery of a federal document ( that's what an aircraft logbook is ) isn't a crime any more.

The FBI had no idea what to do about it. Guess federal forgery isn't any of their concern either.

Went to the N.M. State Police. The investigating officer said he couldn't locate Mr. Shaw. Strange. I found his phone # in the phone book, called the T or C airport, and the airport manager there immediately knew who he was. I reckon the N.M. State Police don't know how to use the phone book or the phone.

Anyway, Mr. Brian Shaw got completely away with it, so I'm telling everyone I can.

Don't buy an airplane from him.

Tom Tracey

 

[labbats]

Sorry to hear that man. That sucks.

 

[ms6073]

How about filing a complaint with your states attorney general? Also, I would think you could also bring civil suit for fraudulent representation or deceptive trade practices. Finally, I think you should either continue to escalate this up the FAA food chain until you find someone who can help or if you are a member of AOPA, give them a call - they might be able to offer some more constructive solutions.


Michael

 

[Ty Webb]

I agree with he above poster- don't let it drop. If true, that guy is not just swindling customers, he's showing a complete disregard for human life.

I would meet with a lawyer; first consultation should be free. FInd out if there's something worth pursuing. FInd out if the clown owns any assets before you decide whether to put any of your own money in it.

Also find out the small claims court laws in your area. Don't delay, though. Statute of limitations might be 2 years, but not sure what the event would be that starts the clock ticking.

Good luck.

 

[FearlessFreep]

There is a ex- A & P in California that was fraudulently signing off aircraft annuals with a dead IA's number.

He is doing jail time.

The Fed's are pretty serious with this stuff.

Wanton & intentional negligence is very serious and threatens the lives of everyone. This is over and beyond just the outright fraud.

We all make mistakes, and I certainly hope that no hardworking A & P's or IA's are persecuted for an innocent oversight or mistake. When fraudulent and criminal acts are perpetrated by deceitful scumbags vehement, swift judical action needs to be meted out with serious consequences.

 

[Dan CFI/CFII]

"I turned this over to the FAA. They claimed there wasn't anything they could do about it. Evidently, forgery of a federal document ( that's what an aircraft logbook is ) isn't a crime any more."

As a lifelong resident of the Land of Enchantment--and as someone who has dealt with a similar problem with the ABQ FSDO... They say they can't do anything about it, but they do. I sure felt like they were blowing us off when we brought our concerns about a mechanic to them (repeatedly). One day, they showed up and revoked his certificates. They just weren't going to tell anybody they were working to do so. Make sure you call them up again. If this guy gets on their bad side, they'll eat him for lunch.

Good luck, and why didn't you get an attorney as soon as you knew there were problems? I'd still at least talk with one now--you should be able to recoup costs for much of the work you had to do.

Dan

 

[MSNFlier]

call a COMPETENT attorney...

I do not practice aviation law (just business and some regulatory), but if you can afford a modest up-front retainer, you may be able to hook up with an attorney who can hammer Mr. Shaw for the monies you have expended fixing the stuff you found wrong with the plane, and perhaps some of the cost of the plane itself. In fact, you may not need an "aviation attorney," just one who is a very good civil litigator, but who also has an attack dog side and is good at leveraging Mr. Shaw's weaknesses for your benefit (i.e., knows how to win a street fight - because that's what it will be with Mr. Shaw, I suspect - it usually is with guys like him)

Where I live, there is a claim called "theft by fraud" (it's actually just suing in civil court for damages caused by an act prohibited by criminal law - kind of like what Nicole Brown Simpson's family did to OJ after the criminal trial when they sued him for wrongful death, where he was found "liable" (the civil equivilent of guilty), and a judgment of over $25 million was rendered against him).

In other words, Mr. Shaw committed theft from you by inducing you to buy the airplane based upon representations he knew to be untrue (fraud in the form of the fake annual).

Better still, the "as is, no warranties," term that I would guess was part of your deal may be voided against Mr. Shaw because of Mr. Shaw's apparent fraud, and unavailable to him as a defense. Therefore, it's possible that Mr. Shaw's pocketbook could be on the hook for all the expenses you have incurred to make the plane right which should have been fixed by the fake annual. Additionally, under the law where I live, if you succeed on a claim for theft by fraud, the plaintiff is entitled to trebled (triple) damages, actual attorneys' fees and costs (deposition fees, copying expenses, expert witness fees, etc.). That prospect alone can be a very potent inducement for the defendant to settle a case like this promptly.

If Mr. Shaw doesn't make a deal and you win, he will have one other nasty little problem: theft by fraud is an intentional act, therefore it is not dischargable in bankruptcy (in other words, he can't get out of the debt by going through bankruptcy, like he could for credit card or other unsecured debt - he's on the hook until it's paid, although you must keep in mind that you cannot get blood from a stone).

Any litigation can be burdensome and difficult, certainly. It can also be costly and you need to make the decision of whether to go through with it strictly as a "business decision," not to vindicate the "principle of the thing." Leave that to the FAA FSDO or the FBI (although from your post it doesn't sound like either is very interested in that part of this, as yet).

Sorry to hear about the problem. I think it sucks, but perhaps competent counsel could be quite useful for you. Sometimes, just sometimes, an aggressive attorney can be your best friend and, in this case, Mr. Shaw's worst nightmare.

Regards,