Merced County Sheriff’s Department turned down student’s complaint against Prince & Reny, told it’s a civil matter.

Mark N. Pazin (Sheriff/Coroner) & Bill Blake (Undersheriff)

Ravi hegde,
Thank you for the reply.
So let me understand this right, you guys went to Atwater PD and Merced County Sheriff’s Department and tried to file a criminal complaint in hope to put Prince and Reny behind bars and then turned down flat by being told it’s a civil matter. Is that it?

Now the questions,
Did you have any idea how the filing needs to be done before walking into their offices? …… thought so.

Did you ask them why they think it’s not a criminal matter?…….though so.

Did you ask them how to make a criminal report then? thought so.

Did you do anything after that to find out further on how you could bring a criminal charge, or more or less giving up by doing nothing except hoping something to happen in the future? thought so too.

I could see that outcome even long before you guys got to the PD and the sheriff’s dept. with such ignorance and unprepared approach.

Allow me to make a flat statement here that asking a help to law enforcement agency in a white color crime is like throwing an anchor to a drawing man.

It’s same with banks when you need a loan how bad and how desperately need it doesn’t play in the bank’s lending decision. When you really need an umbrella in rainy days, there’re no where to be found but when in good days and you are not needing anything, they come to lend you a parasol with an eager alacrity. Get the picture?

You just have to learn how the system works and approach the task at hand in ways to get the job done, in other words to make sure there’s nothing left there standing to block your intended objective.

Not blaming on anyone but here’s what didn’t go right IMHO,

1. Walked into Atwater PD which has no jurisdiction over Castle Airport
2. Walked into the sheriff’s dept without knowing how to get a crime report filed beforehand
3. Engaged in extemporaneous verbal exchanges with the front desk clerk and gave him/her an opportunity to brush aside your case as a civil matter on the spot.
4. Erroneously and vaguely understanding the crime report as a request instead of filing
5. Not understanding a crime reporting is not a request but a unilateral filing action.
6. Not understanding a properly prepared crime report must be accepted or the clerk will face a disciplinary action.
7. Not knowing simply reporting and explaining verbally at the front desk unless you’re expert in criminal proceedings all would be brushed off aside and not taken seriously unless you’re reporting physical injury, violence, robbery and other heinous crimes in progress.
8. Not seeking help from SABA or elsewhere before walking into the PD and sheriff’s dept.

Once again, ignorance and wrong assumptions are all too often end up in a wrong result.

No one can skip the process and steps necessary and then expect the judicial system to work for you. You can’t have both ways. You have to do your part right by following the established legal procedures step by step.

There’ s nothing to stop you from try it again and if you do, do it right the next time, and press on.
It’ll get done for sure.

echo yankee, out!

Advertisements

Scheduling a forthcoming DASA (Defunct ASA) check ride, and it’s not funny.

My conjecture from the sideline:

CFI – Certified Flight Instructor
DPE – Designated Pilot Examiner

– Plausible hone conversation between CFI and DPE –

CFI: Hi , Jim here… used to be at Castle ASA remember me?
Hey listen, I’ve got a student ready for a commercial check ride real soon.

DPE: Hi Jim, I’ve heard you guys were closed and Prince and Reny are in hot water…………..
so what about this check ride? Has he met all requirements and the paper work ready?

CFI: Yup. no problem there, he’s ready and I’ll have all paper work ready for you.
How about Saturday at Yandell Ranch OK?

DPE: Where?

CFI: you know the small private field about 7 miles west of town on 132…
we’ve got owner’s permission and everything.

DPE: why not at muni? Besides the runway is way too short over there and they even don’t have fuel.

CFI: we’ve been doing a lot of flying at private fields lately because feds and repo guys are snooping around for some reason, and we’d like to keep them off our tail, you know.

oh don’t worry about fuel, we call up Prince and Reny on cellphone and they deliver it right up,
normally they carry few 5 gallon cans in the car.

DPE: what? You guys been using auto gas? Do you have a STC for that?

CFI: Prince said we do, and I trust him.

DPE: Yah right!

CFI: Hey listen, Prince and Reny are just driving up, I’ve got to run, I’ll call you again later. Click….

DPE: Tche, tche! (shaking head)

Got the picture?

echo yankee, out!

Open Letter to the FAA Flight Standard District Office, Fresno, CA

James Murray- Operations Supervisor
David Lehman – Airworthiness Supervisor

In Re: American School of Aviation

Dear Messrs Murray and Lehman:

In the FAA Aircraft Registry records, there appears to exist conflicting records that are likely to constitute a violation in compliance with the statutory requirement relating to civil aircraft registry in the US.

Synopsis:
American School of Aviation, Inc. is a California corporation with its president and other corporate officer(s) are not U.S. citizen.

Title 14 CFR Part 47 of the Federal Aviation Regulations (FAR) governs the requirement related to the civil aircraft registration in the US

Part 47.3 stipulates Registration required.
Part 47.5 defines Applicants.
Part 47.7 defines U.S. citizens and resident aliens with respect to civil aircraft registration.
Part 47.9 defines “Corporations not U.S. citizen”.
Part 47.9 (f) stipulates thrice annual report requirement by the registrant to the FAA.

Analysis:
All ASA aircraft except one (30 before 8/04/08 down to 11 as of 8/14/2008 ) are currently registered under FAR Part 47.7 and issued aircraft registration certificate bearing “Corporation” instead of its true and factual status of its corporate entity as “Foreign Corporation”. In the FAA AC Form 8050-1 Aircraft Registration Application, there is a specific box to be checked off for Non-citizen Corporation and provided along with “Certification” section for the applicant’s certification for a non-citizen corporation. If these sections were properly completed in the ASA aircraft registration application, all of its registration then should have been issued under Part 47.9 with the respective registration certificate bearing ”Foreign corporation”

Conclusion:
If ASA has made erroneous entry in its aircraft registration application and submitted to the FAA Aircraft Registry knowingly or not knowingly and obtained its registration certificate, then the ASA aircraft are not registered under Part 47.9 and not in compliance with Part 47.9(f) requirement. This ipso facto invalidates all of its registrations under FAR 47.41(a) ( 8 ) (ii) and requires ASA to surrender all of its invalidated registration certificate immediately in accordance with FAR 47.43 (b).

One of the school owners had publicly stated their school received 109 surveillance visits from your office in 2007, yet why this blatant aircraft registration violation eluded the filed inspectors scrutiny is beyond me.

There exists an ample evidence based on flight activities taking place recently at Hayward, Modesto and elsewhere to indicate the school is still operating under the guise of new satellite base after its 141 school certification has been long presumed to be suspended if not revoked already.

In view of the matter affecting the welfare and interests of all those victimized students as well as that of local aviation community, it would be most appropriate that your office offers a public announcement in connection with the ASA matter as soon as aircraft registration investigation is completed.

All eyes are on your prudent and swift enforcement action.

Respectfully submitted.

Echo Yankee

Follow up: Open letter to SABA President Khurshid Khoja, Esquire

My view from the sideline:

Dear Mr. Khoja,

I am following up on my open letter of 7/30/2008 addressed to you subsequent to SABA’s announcement to come to aid for the ASA students stranded in Atwater upon its sudden closure in June 2008.

Have you received a reply since from the DA’s office in response to your earlier request then made?

So, what sort of progress has been made and continue to be made at SABA to help those former ASA students in distress?

Why no SABA initiative so far for assisting the victimized students to file an individual or consolidated crime report with the sheriff’s department, the first step necessary for a criminal prosecution from the victim’s end?

Do you really believe in your trained legal professional mind that the ASA students qualify for a “U” visa with an employment authorization that I believe you’re referring to in your earlier statement? If not, please explain.

What makes you believe the “U” visa relief will work in this situation despite seemingly clear cut eligibility requirement that precludes the former ASA students?

http://www.ilrc.org/resources/U%20Visa/Frequently%20Asked%20Questions.html

Above questions are not meant to be rhetorical and I truly believe the former ASA student’s interests along with that of public would be best served by the real answers provided in order to keep a false hope of any kind from emerging.

At the risk of giving an impression of being overly impatient, I adjure your thoughtful response in a timely fashion.

Respectfully submitted.

Echo Yankee
ATP/A&P

Question to all former ASA students who were the victims of criminal fraud

My view from the sideline:

Question,
Has anyone ever filed a crime report so far against Prince and Reny for a criminal fraud and received a crime reference number (CRN ) assigned by the sheriff’s department?………………….didn’t think so.

Over 100 students were wronged, yet no victims officially exist as far as the sheriff’s department is concerned because no crime report was filed.

Ignorance and assumptions are all too often dangerous.

No wonder this isn’t getting any traction. Much to my surprise, there seems to be no crime report against Prince and Reny has ever been filed with Merced County Sheriff’s Department by any former ASA student. Only one filed so far appears to be the fuel supplier who was reported to be owed $56,000 unpaid fuel.

Now onto your case, no matter how bad you want the duo to be put behind bars, just hoping and thinking doesn’t make it so. This is probably what’s transpiring: No criminal report filed→no criminal victim→no criminal charge brought forward That pretty much explains it. You all need to do what it takes by methodically following the established judicial procedures step by step. Here is what you need to do:

1. Go to Merced County Sheriff’s Department and get a Criminal Report Form http://www.mercedsheriff.com/
(If they don’t have the forms available get an instruction on how to prepare or better yet get a sample copy)

2. Contact SABA and ask one of their lawyers to help preparing a crime report
3. When it’s ready, take it to the Sheriff’s Department and file it.
4. Get a crime reference number (CRN ) assigned to your case (this is used for follow up and status check)
5. Tell everyone to do the same, more the better to place the case in a higher priority.
6. Follow up on the status using your CRN
7. Report on this blog from time to time to keep everyone posted until the justice is done.

Echo Yankee, over & out!

Open letter to SABA President Khurshid Khoja, Esquire

In Re: American School of Aviation

Dear Mr.Khoja

I applause and thank you for the SABA’s decision to come to aid for the American School of Aviation students stranded in Atwater. It’s a light at the end of the tunnel with a hope of getting out the quagmire at long last.

Early this year, Silver State Helicopters (SSH) school in Las Vegas closed by filing a Chapter 7. Over 2,500 students lost $70,000 each. They operated 250 helicopters at 40 school locations. If the past similar school closure cases are any indication, the prosecution of the ASA case seems less likely. Your writing to the county DA requesting criminal charges to be brought against the unscrupulous school owner(s) is a step in the right direction.

For the recovery of student fund in absence of any disposable assets likely to be left with ASA, I am of an opinion that only viable means is to name both the Kingfisher Airlines and the student loan lending institutions as co-defendants in the lawsuit. The desire to keep their public image from tarnished is likely to make them think twice to get entangled in a lawsuit and it would bring them swiftly to the settlement table.

While no lawyers are miracle workers, I trust that one of your able member lawyers with legal expertise in this venue and judicial connection in India could rise to an occasion to build a strong enough case to achieve success in recovering the lost student’s fund.

In July 2007, the Bureau for Private Post secondary and Vocational Education (BPPVE) was abolished much to the public dismay leaving the consumers statewide unprotected. While your organization’s bifurcated effort in civil and criminal front continues, it would serve a great public interest at this juncture if you could take one step further to push for a timely legislative enactment for the Student Tuition Recovery Fund (STRF) to safeguard student’s tuition from school failures and closures in the future. Real social justice then becomes apparent not as something that will be but something that is. I wish you success in this endeavor. Until such time, sir I am.

Respectfully submitted.

Echo Yankee
ATP/A&P

South Asian Bar Association of Northern California to help ASA students

It seems that help is on its way for the students of the American School of Aviation,  South Asian Bar Association of Northern California (SABA) has offered assistance to the more than 100 stranded students for assessing their legal options to get justice and remain within the U.S.

A press release issued by the South Asian Bar Association confirms the report. “These students have been placed in a really tough situation. They did not receive the opportunity to complete their coursework as promised and have not been assured that refunds will be provided. Many of them do not have permanent housing and some of them are still attempting to transfer to other schools,” said Shaamini Babu, Co-chair of SABA’s Pro Bono Committee, who is working with Ashok Sinha, consul for community affairs at the Consulate General of India in San Francisco, to ascertain the facts of the case and the legal issues that the students are facing.

Fortunately, the Department of Homeland Security has expressed its wish not to pressurize the students to leave the country upon the expiration of their current visas.

SABA President Khurshid Khoja has asked Merced County District Attorney to bring criminal charges against the owners of the American School of Aviation, a critical move, which will help students obtain U.S. visas for them to remain in the country indefinitely and receive work authorization.

SABA also provided the students with referrals to attorneys in the area willing to take on the civil matter on a contingency basis.

“Our Pro Bono Committee normally doesn’t refer clients to counsel willing to work pro bono unless the public interest is directly implicated. However, in this situation we were able to find SABA members willing to work on contingency because this potential breach of contract renewed our community’s outrage over the exploitation of immigrant South Asians by swindlers, traffickers, and other opportunists who prey on the vulnerable,” said Vid Prabhakaran, SABA Vice President-External.

In this type of contingency arrangement, the attorney receives a percentage of the recovery, only if a recovery is made. In the event that the attorney is unsuccessful, he suffers the costs of bringing the legal action including the costs of filing fees, expert fees, investigation fees, and the attorney’s own legal fees.

Students can contact SABA members and discuss their further plans on below given contact details:

General inquiries about ASA cases should be directed to SABA President Khurshid Khoja via e-mail or mail to:

South Asian Bar Association of Northern California
c/o The Chugh Firm
4800 Great America Parkway, Ste 310
Santa Clara, CA 95054