Statue of limitations Re: Medical issuance
06-05-2009, 08:45 AM
#1
New Hire
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Joined APC: Jun 2009
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Statue of limitations Re: Medical issuance
Is there a statue of limitations regarding how far back the FAA can prosecute or deny a application for a medical application for falsifying information such as a misdemeanor or felony conviction?
06-05-2009, 01:14 PM
#2
Prime Minister/Moderator
Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,322
There are two totally separate issues here...
There is a criminal law regarding falsifying an FAA form. This is a federal offense, with possible fines and prison time associated. Most crimes (except murder) have statutes of limitation. Not sure what it would be, but I would guess 5-7 years for something like that? Best to research it and find out for sure.
As far as FAA regs, those are admin law and I doubt there is any statute on that. I know that once the FAA starts an investigation, they must complete it one way or the other in a timely manner. This is not law, but rather NTSB legal precedent...they effectively require a "speedy trial". But I suspect there are no limitations which would protect your medical and pilot certs from revocation if a serious past omission came to light.
Better see a lawyer if your question is not academic in nature.
There is a criminal law regarding falsifying an FAA form. This is a federal offense, with possible fines and prison time associated. Most crimes (except murder) have statutes of limitation. Not sure what it would be, but I would guess 5-7 years for something like that? Best to research it and find out for sure.
As far as FAA regs, those are admin law and I doubt there is any statute on that. I know that once the FAA starts an investigation, they must complete it one way or the other in a timely manner. This is not law, but rather NTSB legal precedent...they effectively require a "speedy trial". But I suspect there are no limitations which would protect your medical and pilot certs from revocation if a serious past omission came to light.
Better see a lawyer if your question is not academic in nature.
06-05-2009, 04:45 PM
#3
Gets Weekends Off
Joined APC: Nov 2006
Posts: 585
Originally Posted by Mark
Is there a statue of limitations regarding how far back the FAA can prosecute or deny a application for a medical application for falsifying information such as a misdemeanor or felony conviction?
06-06-2009, 04:38 AM
#4
Gets Weekends Off
Joined APC: Nov 2008
Posts: 826
I agree with the others:
Revocation or denial - any time. Arguably the 6-month "stale complaint" deadline comes into play (FAA needs to start a certificate action within 6 months of a violation) but that only starts when the FAA finds out about the violation.
Criminal prosecution - It comes under the general "false statements to the government" statute - 18 U.S.C. §1001. It's not used that often - usually reserved for things the FAA thinks a serious enough to send it to the US Attorney rather than keep in-house.
Coming clean - talk to a lawyer before you talk to the government, but generally, the FAA learning about it from the airman (or the airman's legal representative) is better than the FAA learning about it from somewhere else.
Revocation or denial - any time. Arguably the 6-month "stale complaint" deadline comes into play (FAA needs to start a certificate action within 6 months of a violation) but that only starts when the FAA finds out about the violation.
Criminal prosecution - It comes under the general "false statements to the government" statute - 18 U.S.C. §1001. It's not used that often - usually reserved for things the FAA thinks a serious enough to send it to the US Attorney rather than keep in-house.
Coming clean - talk to a lawyer before you talk to the government, but generally, the FAA learning about it from the airman (or the airman's legal representative) is better than the FAA learning about it from somewhere else.
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