My view from the sideline:
The Honorable Mark Razin, the Merced County Sheriff
The Honorable Larry Morse II, the District Attorney of the Merced County
In Re: American School of Aviation
Dear Messrs Razin and Morse:
Since the first news appeared in the Merced Sun-Star about a month ago related to the sudden closure of American School of Aviation at Castle Airport, I have been following the matter with my mixed emotion of sympathy and indignation.
From what has been reported by various media, the case appears to have an overwhelming elements of offenses to constitute a criminal fraud, yet no criminal charges have been filed to this day against the unscrupulous school owner(s) much to the public dismay, why?
In the follow up story appearing in the Merced Sun-Star on August 05, 2008, it was reported that the FBI assistance was being sought because your office/department couldn’t handle the forensic accounting needed (emphasis added). Please kindly explain this highfalutin legalese to the public in a layman’s term, and the reason why so.
You have all the evidence and prosecuting authority necessary to file the case right where you’re in the Merced County. Why look elsewhere by somehow suggesting with a specious notion that this is an international case involving foreign nationals and therefore out side of your jurisdiction. Why not proceed on your own without any further indecision irrespective of whether the feds assistance and cooperation on the case is forthcoming or not.
The most recent record of the FAA aircraft registry shows eighteen aircraft formally owned and registered to the debtor defendant changed hands earlier this week. (13 on 8/04, 5 on 8/05) This alone ipso facto constitutes a felony offense under the Penal Code§155.
There seems to exist ample evidence with sufficiency to bring forth criminal charges under but not limited to the following penal codes:
§155 Defendant or judgement debtor fraudulently removing, concealing, or disposing of personal
property sought to be recovered.
§476 (a) Checks, bank drafts insufficient funds; Intent to defraud
§484.b Diversion of funds received to obtain or pay for services, labor, materials or equipment
§532 False pretenses; obtaining money, labor or property
§573 Defrauding innkeepers, etc.
Having stated the above, I have read the following mission statement from the respective offices and while came away quite impressed with the lofty statements, it’s more than apparent that none of the goals stated therein have yet to be fulfilled as far as the American School of Aviation case is concerned.
Here’s your statement, Sheriff Razin.
“Our mission is to provide responsive, professional, and caring law enforcement service to all the people of Merced County. We will respond to call for service promptly, protect lives and property to the best of our abilities, initiate and maintain crime prevention programs, and apprehend criminal offenders.” –Sheriff Mark Razin-
And here’s the one from the DA’s office.
“The mission of the Merced County District Attorney’s Office is to seek justice by ensuring that victim’s rights and the public’s safety are our first priority through the fair, equal, vigorous, and efficient enforcement of the criminal laws.” – Merced County District Attorney’s Office –
It is my sincere hope that the elected high officials of the Merced County such as yourselves live up to the own mission statement for the good of the public without resorting to another “forensic accounting” bit.
Respectfully submitted.
Echo Yankee, ATP/A&P
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Besides Dr. Vijay Mallaya, Prince and Reny, who are they in the picture?
Does anyone know their names and job titles?
echo yankee, over↗
DA = Delta Alfa
Echo Yankee calling Delta Alfa over↗
Delta Alfa, Confirm you received the earlier message and understand it over↗
Delta Alfa, acknowledge↗
Delta Alfa come in please↗
Delta Alfa, how do you hear↗
Delta Alfa, if you hear this transmission, state your intention by click on the keyboard with the message, over↗
Delta Alfa, expedite the action, Delta Alfa acknowledge↗
Delta Alfa are you there↗ Delta Alfa, how do you hear↗ Delta Alfa, come in please↗
Hummm.↷
Echo Yankee, over & out!
My analysis from the sideline:
Understanding the California Penal Code likely to be applicable in the ASA case.
What occurred or reported to have occurred at ASA
1. It (ASA) failed to deliver flight training to its students as per the agreement
2. It failed to refund the unused tuition to the students when requested.
3. It operated in violation of numerous Federal, State and local regulations.
4. They (Prince & Reny; owners) lacked moral, professional and business fitness to run a fight school.
5. They defrauded students.
6. They defrauded local merchants.
7. They defrauded local governments
8. They defrauded federal government
9. They endangered the health and welfare of the students and their parents home.
Applicable California State Penal Code
□§154 Debtor fraudulently removing, conveying, or concealing property;
Every debtor who fraudulently removes his property or effects out of this state, or fraudulently sells, conveys, assigns or conceals his property with intent to defraud, hinder or delay his creditors of their rights,
claims or demands, is punishable by imprisonment in the county jail not exceeding one year, or by fine not more than one thousand dollars ($1,000), or by both; provided, however, that where the property so removed or sold or conveyed, or assigned or concealed, consists of a stock in trade or a part thereof, of a value exceeding one hundred dollars, the offense shall be a felony and punishable as such.
□§155 Defendant or judgement debtor fraudulently removing, concealing, or disposing of personal
property sought to be recovered.
Every person against whom an action is pending, or against whom a judgement has been rendered for the recovery of any personal property, who fraudulently conceals, sells, or disposes of such property, with intent to hinder, delay, or defraud the person bringing such action or recovering such judgement, or with such intent the time of the commencement of such action or the rendering of such judgement, is punishable as provide in the proceeding section.
□§476a. Checks, drafts or orders on banks; insufficient funds; intent to defraud; punishment
Any person who willfully, with intent to defraud, makes or draws or utters or delivers any check, draft or order upon any bank or depositary, or person, or firm, or corporation, for the payment of money, knowing at the time of such making, drawing, uttering, or delivering that the maker or drawer or the corporation has not sufficient funds in, or credit with said bank or depositary for the payment of such check upon such funds then outstanding, in
Full upon its presentation is punishable by imprisonment in the county jail for not more than one year, or in the state prison.
□§484b. Diversion of funds received to obtain or pay for services, labor, materials or equipment
Any person who receives money for the purpose of obtaining services and wrongfully diverts the funds to a use other than that for which the funds were received, shall be guilty of a public offense and shall be punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in the state prison, or in the county jail not exceeding one year, or by both such fine and such imprisonment.
□§532 False pretenses; obtaining money, labor, or property; punishment
Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained.
□§537 Defrauding innkeepers, etc.
Any person who obtains any accommodations at apartment house, without paying therefore, with intent to defraud the proprietor or manager thereof, is guilty of a public offense punishable by imprisonment in the county jail for a term not more than one year, or in the state prison.
Now those are just few of the state penal codes that I came up with for the moment and by doing a little research on my own (I can’t afford a $250/hr lawyer for reading the same law books).
I haven ‘t touched in the areas of possible Federal statutes violation yet, here’re some of the applicable codes under the Title 18 of USC –Crimes and Criminal Procedures that could well apply to the ASA case on the Federal offense side for the feds to pursue.
□§31 Aircraft and Motor Vehicles
□§241 Civil Rights
□§371 Conspiracy
□§641 Embezzlement and Theft
□§1001 Fraud and False Statements
□§1231 Labor
□§1341 Mail Fraud
□§1421 Nationality and Citizenship
□§1821 Professions and Occupations
□§1951 Racketeering
□§2071 Records and Reports
You want me to go on?……yah thought so.
Most of the above offenses if not all are felony offences each carrying one or more years of imprisonment if convicted. In the ASA case, if the DA is successful in achieving even one criminal conviction, that will land over 100 years in jail time for those convicted. (each one count x number of victims/students and you get the figure)
What needed to achieve a conviction requires only two things like everything else in everyone’s life, desire and strong enough intention (will) to carry it out, the rest will follow.
So far all seems to be lacking at both the DA’s office and the Sheriff’s department of Merced County. If they need to bring in an aggressive outside prosecutor, I know the one from the East Coast who’s not so long ago decided to take an unscheduled retirement for some personal reasons . Hint…… last name begins with “S” and his last job was a state governor.
As far as I know he’s still unemployed at present.
Echo Yankee, over & out!
Secondcity site administrator,
It has been noted in my last 4 pots that an yellow smile icon or two appearing without my inserting. In the latest post, two such icons appear in place of numerical number eight in both places. Please kindly make necessary corrections and address this issue from occurring in the future. Also provide me with the editing instruction for the thread and comment already posted for my future reference.
Echo Yankee, over & out!