On July 17, ARSA filed an amicus brief urging the Ninth Circuit Court of Appeals to reconsider the relationship between the regulatory responsibility of an “accountable manager” and his or her potential criminal liability.
In U.S. v. Weygandt, a number of repair station employees pled guilty to various charges related to the issue of FAA Form 8130-3s incorrectly certifying completion of tests required by component maintenance manuals. Prosecutors also indicted and convicted the repair station’s accountable manager of conspiracy based on that individual’s general responsibility for work performed in the facility.
The brief goes to great length to detail the history and purpose of the accountable manager position. ARSA also explained how the FAA’s intent not to impose personal liability on accountable managers for the certificate holder’s operations was distorted at trial.
Tune in to this month’s hotline newsletter for deeper analysis of the association’s brief. If the conviction and its subsequent upholding by a panel for the Ninth Circuit stand, it would set a dangerous precedent of criminal culpability that should make everyone a little nervous.
To read the complete brief, click here.
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