Open letter to the Sheriff and the District Attorney of the Merced County, California

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?

ASA owners with Vijay Mallaya of Kingfisher Airlines

ASA owners with Vijay Mallaya of Kingfisher Airlines

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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