United States Attorney Richard B. Roper
Northern District of Texas

AIRCRAFT MAINTENANCE BUSINESS OWNER SENTENCED TO
TWO YEARS, IN FEDERAL PRISON, WITHOUT PAROLE
FOR FRAUD INVOLVING AIRCRAFT PARTS

DALLAS — John Wentzell Downs was sentenced to 24 months in prison for fraud and making false statements involving aircraft parts, announced U.S. Attorney Richard B. Roper of the Northern District of Texas. U.S. District Judge Sidney A. Fitzwater also ordered that Downs, 65, pay $4000 in restitution. He must surrender to the Bureau of Prisons no later than January 8, 2008.

At this morning’s sentencing hearing, Judge Fitzwater found that Downs’ decision to fraudulently backdate maintenance records was conduct that involved the conscious or reckless risk of serious bodily injury or death to aircraft pilots and passengers. In addition, Judge Fitzwater noted that a key factor in his sentence was the need to adequately deter anyone performing aircraft maintenance who might consider falsifying maintenance records. He further noted that many others, including pilots, the Federal Aviation Administrations (FAA) and other maintenance workers, rely heavily on the presumed accuracy of all maintenance records.

Downs is the former owner of an aircraft propeller maintenance business, Millennium Propeller Systems, Inc., at the Lancaster, Texas, municipal airport. He now resides in Mena, Arkansas. Since August 17, 2006, Downs has been the owner of another aircraft propeller maintenance business, Mena Aircraft Propellers, Inc., located in Mena, Arkansas.

During Downs’ trial in June, the government presented evidence that the FAA issued an Air Agency Certificate which authorized Millennium to operate as an approved FAA repair station and as such, was required to conduct all maintenance operation in accordance with applicable federal rules and regulations. Downs employed two certified mechanics, four non-certified mechanics, and two repairmen, however, in April 2005, Downs reduced his workforce to himself and two part-time mechanics.

On March 29, 2005, the FAA Administrator determined that an emergency existed related to safety in air commerce and that Millennium was no longer able to demonstrate the degree of care, judgment and responsibility required of an Air Agency Certificate holder. The FAA Administrator found that Millennium demonstrated a disregard for regulatory compliance which threatened

1aviation safety and was contrary to the public interest because Millennium repeatedly performed maintenance without complying with manufacturers’ maintenance manuals or its operations specifications; used parts that had no history and were not segregated as to serviceability; and that on at least three occasions, Millennium performed maintenance to propellers contrary to other regulatory requirements. Based on these findings, the FAA Administrator issued an Emergency Revocation Order revoking Millennium’s FAA certification and ordered Millennium to surrender its Air Agency Certificate. On May 5, 2005, Millennium surrendered its Air Agency Certificate. Once Millennium certificate was revoked, Millennium was not authorized to act as a “repair station” for aircraft propellers.

At trial, customer Juan Fernandez of Gary, Texas, testified that on September 12, 2005, he delivered a propeller to Downs for overhaul work. Fernandez also said that he would have never left his propeller with Downs if Downs had honestly disclosed that Millennium’s repair station certificate was revoked. On October 5, 2005, Fernandez picked up his overhauled propeller. At this time, Downs gave Fernandez several maintenance records which had been fraudulently backdated to falsely represent that the overhaul of Fernandez’ propeller took place on March 1, 2005. Such fraudulent back-dating by Downs made it appear to FAA records inspectors that Downs performed this overhaul work prior to the March 29 revocation of Millennium’s certification. Fernandez also testified that after he discovered Downs had done overhaul work on his propeller while in a revoked status, he had safety concerns and felt that Downs had compromised his safety and that of his aircraft passengers.

Downs testified at trial that although the dates recorded on the maintenance records did not accurately reflect the dates he actually performed the overhaul of Fernandez’ propeller, he did not intend to defraud the FAA when he backdated these records. Other witnesses and documents reflected that Downs was in financial trouble in the fall of 2005. Downs charged Fernandez $2250 for maintenance work that he was not authorized to perform.
The government also presented testimony that making false entries in aircraft maintenance records clearly affects interstate commerce, in that false maintenance records interfere with the FAA's ability to insure the safe operation of private and commercial aircraft. If the FAA is unable to effectively monitor aircraft safety, then public confidence in the safety of air travel would be undermined. Public doubts about the safety of aircraft, could result in less frequent use of both personal and commercial aviation, having negative effects on interstate commerce. FAA witness Robert Hardwick also testified that Downs used an improperly drilled part when re-assemblying Fernandez' propeller. Hardwick stated that using this part during propeller re-assembly could have resulted in the loss of a propeller blade and thus endangered the safety of the aircraft in flight.

U.S. Attorney Roper praised the investigative efforts of the Department of Transportation - Office of the Inspector General. The case was prosecuted by Assistant U.S. Attorney David Jarvis.

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