Aiding & Abetting Fraud, KFA & Indian Banks

September 15, 2008

 

Ex,

For the punishment part whether delivered by the US justice system or by the all mighty boomerang justice, it will be delivered without fail. Consider it’s done.

 

Hence, I am more concerned and interested in how to recover those lost student’s fund. From day one, I’ve been advocating a legal premise to bring KFA and Indian banks and lending institutions that underwrote student loans in India as co-defendants to the lawsuit.

 

Forget about any possibility of collecting anything from the duo, if something could be yield that’s fine but that’s’ way too little even to cover the court cost. It needs to build a strong enough case that will eventually bring KFC and the student loan lenders to the negotiating table.

 

It seems a long shot but it can be done and must be done if the student’s loss is to be fully recovered, and I can see this is probably the only way that makes it possible. To achieve this end, the plaintiffs need a vigorous and aggressive yet astute civil litigation attorney with a connection in the Indian judicial system. I am still hoping someone of that caliber from SABA to emerge and step forward to take this case.

Let’s see what develops from SABA in coming days ahead. Stay tuned.

 

echo yankee, out!

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Open Letter to Fresno FAA Flight Standard District Office

September 15, 2008

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 is likely to constitute a violation in compliance of 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 8/14/08) 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 long been 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: SABA President Khurshid Khoja, Esquire

September 15, 2008

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 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.

 

 

“FBI’s assistance in performing forensic accounting”?

September 15, 2008

Is this what causing the DA’s office from moving forward swiftly?

 

What happens then if the feds assistance isn’t forthcoming? The DA can’t prosecute the case and the perpetrator let go unpunished?

 

“Potential criminal fraud” ?  What potential criminal fraud, Mr. Morse?

 

If those facts after facts of heinous deceptions are not actionable fraud, I don’t know what is. 

 

There already exists more than ample evidence with sufficiency to try the perpetrators in both criminal and civil venue. Two or three civil cases are pending at the Superior court of Merced County as I write, in fact one such case has been awarded a judgement by default already.

 

The perpetrators are high flight risk (no pun intended) as the footprints of their aircraft shown up in the radar tracking system many outside ot Merced County as far away as in Virginia, Texas, Utah and Oregon.  APB for their arrest must be sought immediately to take them into custody before they disappear into sunset while the DA and the Sheriff further procrastinate by contemplating “forensic accounting” bit in ad infinitum, phew!!

 

Echo Yankee, over & out.

Open Letter to Merced County Sheriff and DA

September 15, 2008

The Honorable Mark Razin,  Merced County Sheriff
The Honorable Larry Morse II, the District Attorney of 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 (18 aircraft formally owned and registered to the debtor defendant changed hands earlier this week. (13 on 8/04, 5 on 8/05/0 8)

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

 

 

Splitting hairs on the ASA aircraft registration

September 15, 2008

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 (30 in all) 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 certificates, then all of 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 in accordance with FAR 47.43 (b).

 

All ASA aircraft are to be grounded immediately if its current registration is found to be invalid on the foregoing premise stated. Aircraft operation without having required documents on board, aircraft registration certificate is one of among them is a Federal code violation subject to FAA enforcement action including an imposition of a civil penalty for each and every violations committed. If you fly twice with an invalid registration, that’s two counts of violation and the flight log and pilot’s logbook to show that for the record easily later on. If any of the ASA students are still flying the ASA airplane, you should think twice before stepping into the plane next time.

 

Well, it sure beats me why this fundamental infraction of the FAR evaded the FAA inspector’s repeated scrutiny for so long. I guess sometimes things can be seen better when you step back a little and observe them from distance. The old saying “. Don’t Miss the Forest for the Trees.” rings so true here.

 

I could see things pretty well from where I stand in the sideline.

Till next time,

 

Echo Yankee, over & out!

Some BK (bankruptcy) analysis from the sideline

September 15, 2008

The US Bankruptcy petition is generally categorized in two types; Reorganization (Ch.11) and Liquidation (Ch.7).

 

The purpose of Ch.11 (reorganization) is to allow a company to stay afloat and become profitable by way of implementing a court approved reorganization plan whereas the Ch.7 (Liquidation) is to maximize the value of assets if the business is closed and sold off.

 

Therefore a bankruptcy filing is meant to serve while a company is still in business and operating and before it’s closure not after.

 

For all practical purposes, I see no merit and use for filing either petition by ASA at this late in the stage. That’s why no petition has been filed so far at present and it will never be filed in the future.

 

A bankruptcy petition or not, the recovery of student’s fund would be difficult, IMHO. Then how do we go about it? Read my recent posts “Open letter to SABA President Khurshid Khoja, Esquire” and “ASA Aircraft Movement Update”

 

Now back to the regular program in progress on the ASA front.

 

Echo Yankee, over & out!

Flying by Night

September 15, 2008

Someone was flying this plane again yesterday.

It took off from Lemoore 18:42PDT for Los Banos with ETA 18:54 PDT with an ATA unknown .

 

http://flightaware.com/live/flight/N757XY

 

What’s going on here? Is that you Prince?  Nah, I don’t think so, you and Reny must be too busy figuring out an escape route from this mess you both created.

 

Everyone on the blog….keep your eyes and years open and look around your areas for the movement of ASA airplanes. Remember “Follow the money (airplane).” line?

 

Echo Yankee, over & out!

18 ASA Aircraft Changed Hands

September 15, 2008

FAA records indicate 13 ASA aircraft changed hands on August 04 2008 and 5 additional ASA aircraft changed hands on August 05, 2008.

Considering the time required for the paper work process at the FAA office, all transactions were likely to be taken place and consummated at or around the end of June 2008. Based on this calculation, the transaction took place in the recent weeks won’t show up in the FAA record until sometime in September or October. It is quite possible that by now all the remaining aircraft changed hands as well.

Following 13 aircraft are now registered to:

Commercial Lending Resource, Inc.
2082 Michelson Dr., Suite 100
Irvine, CA 92612-1212

Cessna 152 N 25840
Cessna 152 N 4644Q
Cessna 152 N 48425
Cessna 172N N 1948F
Cessna 172N N 3318E
Cessna 172N N 4864D
Cessna 172N N 5488D
Cessna 172N N 6349D
Cessna 172N N 733AD
Cessna 172N N 733UG
Cessna 172N N 734MN
Cessna 172N N 734SV
Cessna 172N N 739BL

Following 5 aircraft are now registered to:

Spring Aviation
PO B ox 4120
Portland, OR 97208-4120

Cessna 152 N 4940
Cessna 152 N 68141
Cessna 152 N 757XY
Beech 76 N 111BV
Beech 76 N 6697L

12 remaining aircraft still registered to ASA

Cessna 152 N 48637
Cessna 152 N 94185
Cessna 152 N 64994
Cessna 172S N 1482M (A/C registration issued to Foreign Corporation)
Cessna 172N N 7352J
Diamond DA20C1 N 991CT
Diamond DA20C1 N 992CT
Piper PA28R200 N 15546
Piper PA28R180 N 7526J
Piper PA28140 N 15080
Piper PA28161 N 47389
Beech 76 N 7774T

 

ASA Aircraft Movement Update

September 15, 2008

Does anyone recognize this airplane?  Cessna 152/A N 757XY

It is registered to American School of Aviation.

 

Someone flew this plane from Modesto to Cloverdale yesterday, humm?

It took off Modesto at 11:09 AM and landed at Cloverdale (North of Santa Rosa) at 12:36 PM

 

http://flightaware.com/live/flight/N757XY

 

For obvious reasons, Prince is not keeping his planes at Castle (KMER). Most of them are scattered around at different locations in and possibly out of California.

 

Perhaps anyone who has any information about the ASA aircraft or sighting of the same may come forward to post it here so this site could be a one-stop clearing house for all the ASA airplane movement.

 

For those students who have legal representation(lawyer), you might ask your lawyer to file a pre-judgement lien on all ASA aircraft immediately through the court with the FAA if not done so already through the court while the case is pending, and impound the aircraft ASAP to prevent Prince from selling them off in pieces. (Avionics, engines, propeller, interiors, wings, fuselage, empennage, etc.)

 

Echo Yankee, over & out!