Originally Posted by
sailingfun
Do you think a jury will be influenced by a medical form where the plaintiff states he has no such medical issue?
Yes. The "medical form" is a legal document, and has standing in the court. It's evidence, and a signed form is clear evidence that the signer intentionally made the falsification.
If the signer has previously stated on paper that he or she has a disability (VA) and has accepted money for the disability, it's very hard to create any semblance of reasonable doubt that the signer wasn't fully aware when claiming no disability to the FAA. The paper trail is all there.
Whether or not the signer tries to say he or she has no disability is irrelevant; it's all there on paper, signed, sealed, and now, delivered.
Some don't get it, but sign that form, and you're making a legal statement. Sign your logbook or put information in your logbook, you've signed a legal document, fully admissible. Call the tower after landing, and you're recorded. It's evidence, and send back that 10-day response to the inspector's initial enquiry about a potential violation, and you've just submitted a legal statement that will be used against you. Say something in the cockpit, the CVR picks it up. You've just made a legal statement. Sign the log at the end of the flight; that's a legal document. It's evidence. All of it. As clear, and as sure as a fingerprint, a smoking gun, or blood on the pant leg. It's all legal evidence, and yes, a jury can be convinced with evidence. In fact, in the face of the evidence, a jury is left with little choice, and in the case of a grand jury, the case is presented without opposition.
Take the VA benefits, if merited; that's what it's for. No harm, no crime, no foul. Just don't lie about it later or attempt to have the cake, and eat it too.
That cake is evidence.