Save the Skyraider

[P51Mstg]

JDK wrote:

P51Mstg's post seems useful to me from the point of view of someone with some understanding of the law - however, it's interesting that the it appears from what he's saying that an oversight can be acted on with what seems to me disproportionate effort and action - where a fine / slap on the wrist or go-fill-it-out-over-there would make more sense.

I think JDK said it pretty well, there is a disproportionate response by the government. I know a lot about that area of the law.

The US Federal Govt is statistically driven. When ICE grabs "something" Illegally imported, it becomes a statistic. If they get a containerload of small arms ammunition, they have 20 million hits in the database because there were 20 million rounds there. The Skyraider is simply a single item and in a way doesn't look as good in the stats.

The US Attorney who prosecutes the cases is looking for a guilty plea and a win in his stats (IE a "kill" marking on his briefcase). The people involved are simply screwed unless the USATTY decides to let them off.

Criminal acts generally have 2 components. First is intent, second is commiting the "act". If you walk into a bank and accidently (for some reason) pick up some money or are given too much change, and then walk out the door, you are NOT commiting a crime. Since you didn't intend to steal it, you did nothing wrong. Of course you may have to prove that you didn't intend to steal it in court.

Some crimes don't require intent. Possession of kiddie porrnn is one. If you have collected images on your computer to write a Thesis for your PDH in Pyschology, you are violating the law. You are toast.

This is a no intent crime. You don't have to "intend" to do anything to break the law. Not filing the proper ATF Forms = Crime; even if customs misses it and it takes them 6 months to figure it out.

I assume that the owner REALLY HAD NO CLUE WHAT WAS GOING on. I'd say he never imported a warbird before. The broker (who I understand is an American) should have looked over the paperwork since I THINK I've seen on their site that they have imported and exported before. (I know they have sold planes that went out of the country). For all we know The owner may have said pull the guns and send it in. Currently, even PARTS of firearms may not be imported. (let alone a whole gun or receiver)..... The US Broker may never have known what was going on since possibly nobody told him about it. The French seller may have been responsible for it.

However in the eyes of the USATTY they are ALL responsible for the "crime" and there are 3 or 4 convictions he can get just by filing charges. Read some press releases from your local USATTY's office (posted on the web). They want you to know they are keeping you safe by putting everyone they can in prison. Like when everyone posts opinions here, they can do the same thing and make the owner of the Skyraider look like he is importing weapons of mass destruction.

They do a good job. They are hard or nearly impossible to defend against. They have the power of the Federal Govt behind them. You simply cannot put on a defense to match their powers to prosecute (unless you happened to have started Microssoft or a similar company and have that kind of money). Like cockroaches and vampires, they don't go away either.

Next for those who will blurt out "TAKE IT TO TRIAL", a few problems there. Doing a good defense on this case will cost EACH of the people who get charged something in the neigbhorhood of several times what the airplane is worth. (IE try $500,000 to $1,000,000 plus) The USATTY will find other charges to file too (I can think of a conspiracy charge right now, which pretty much standard). Now you are defending against 5 charges instead of negogiating on one and you have to beat all the charges at trial. Think about standing in front of a shotgun and dodging ALL the pellets, it doesn't happen, one hit is all they need.

We can hope it will have a pleasant outcome, but I wouldn't count on it.

Mark H

[Dan K]

We can hope it will have a pleasant outcome, but I wouldn't count on it.

Mark H

In your opinion, would Congressional intervention be a legitimate hope?

[PinecastleAAF]

This is a no intent crime. You don't have to "intend" to do anything to break the law. Not filing the proper ATF Forms = Crime; even if customs misses it and it takes them 6 months to figure it out.

Bingo. Great posts on the subject P-51. It is a matter of the law, simple as that.

[groundbound]

JDK wrote:
it appears from what he's saying that an oversight can be acted on with what seems to me disproportionate effort and action - where a fine / slap on the wrist or go-fill-it-out-over-there would make more sense

I've found its best not to use that term when dealing with a massive bureaucracy.

[F3A-1]

We have some excellent and obviously knowledgable posts on this topic.

Having been down a simular road, I would suggest that national publicity and Congressional intervention is the best option for the owner to prevent prosecution and loss of the Skyraider to the government. As I have written in the previous post on this topic, I have sent emails and I feel we should continue to email, write and phone all of our members of Congress and media contacts to assist this warbird owner. Public opinion and Congressional pressure matters more in my opinion than actual "law".

It worked for me.

Regards,
Lex
http://www.BrewsterCorsair.com