Another SUP conviction-HOW TO AVOID

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Falsified 8130 leads to Criminal Conviction

Airworthiness Standards are subject to interpretations; FAA wins the debate

Preventative Action: refresh your knowledge

The DOT Office of Inspector General (OIG) issued a press release about a Mr. David Alexander Barcena pleading guilty to falsely certifying various aircraft parts as airworthy and eligible for installation on commercial aircraft. His plea is an admission that he intentionally completed an 8130 form without the required authority. Simple case in a subject area filled with landmines.

8130

The defendant in this case spent many, many hours with a criminal defense lawyer, hopefully one with some knowledge of aviation.aviation attorney

The attorney charged his client for every minute of time spent reviewing the documents, researching the FARs, and reviewing the plethora of FAA written guidance on Suspected Unapproved Parts (SUPs) to get ready for the defense.

Our SUP suspect likely devoted all of his free time to check his records, search for the underlying papers and recall all that he did before signing off.

documents

The two probably looked for an expert who could testify in support of the accused’s interpretation of the standards and the language to be included in the 8130.

Aviation SME

All that done, they met with the Assistant US Attorney, the OIG investigator and the lead investigator from the Miramar FSDO (it should be noted that,  in a rare positive statement by the DOT’s oversight office, the FAA’s support was substantial). After some likely long negotiations, a plea was agreed to—monetary penalties, time in jail (?), probation, acceptance of a period during which no work in a Part 145, no DAR/DER request, etc.

Suppose that someone with the necessary authority completes the required authority to complete an airworthiness tag, but writes in the boxes information thought to be required and relevant. If the FAA or OIG inspector disagrees with your well-considered judgement, you may have to go8130 rejected through the above-described, expensive gauntlet.

Preventative actions are one of aviation’s strongest disciplines. Taking some time— to update your knowledge of what is required for an airworthiness determination– follows this proactive approach and can reduce the risk of major expenses defending your assessment. Experts, who are knowledgeable about the FAA’s current interpretations, can refine your information to assure that you do not get entangled in an SUP investigation.

JDA SUP class

JDA SUP class

 

 

 

 

 

 

 

 

 

 


 

Florida Aircraft Mechanic Pleads Guilty To False Certification of Commercial Aircraft Parts

Office of Inspector General | U.S. Department of Transportation

Eric J. Soskin, Inspector General

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USDC South Florida On August 17, 2021, in the U.S. District Court for the Southern District of Florida, David Alexander Barcena pleaded guilty to falsely certifying various aircraft parts as airworthy and eligible for installation on commercial aircraft. On February 16, Barcena was indicted by a Federal grand jury. The indictment alleged that between December 2016 and May 2017, Barcena certified that commercial aircraft parts—including anti-icing valves, a hydraulic reservoir assembly, and a landing gear actuator—were ready for service using falsified FAA airworthiness approval tags.

3 parts in this case

 

 

 

Barcena allegedly sourced the tags from a defunct FAA-approved repair facility where they had been employed as the chief inspector.

 

 

 

DOT-OIG is conducting this investigation with substantial assistance from the FAA Flight Standards Division Office, Miramar, Florida.

Miramar FSDO jurisdiction

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



 

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