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Old May 1, 2017, 7:32 am
  #6691  
zombietooth
 
Join Date: Oct 2009
Programs: UA 1K, Hilton ♦ , Hyatt Carbonado, Wyndham ♦, Marriott PE, "Stinking Bum" elsewhere.
Posts: 5,000
Originally Posted by GUWonder
I am well aware of that section of federal law being a felony generator. That said, UA's false statements to Congress and the US DOT have mainly not run afoul of that section of federal law. Absence the involvement of mens rea when making a false statement, that law is not applicable. The false statement must meet both of the following conditions, in order to meet the legal condition of being a crime under that section of federal law: taken place under covered circumstances; and met the mens rea aspect.

Any history of federal prosecution and of small, administrative slaps on the wrist aimed at UA speak volumes about UA's ability to make false statements and not end up with a felony conviction.

UA's made statements in public and otherwise about this incident that are false and I doubt there is any federal prosecution of UA upcoming over making false statements unless and until there is a demonstrably false statement where it can be demonstrated beyond a reasonable doubt that UA knowingly and willfully made a false statement during covered circumstances. Corporations have a way of misleading in their statements -- even to Congress and the US DOT -- without facing material risk of a felony conviction under that section of federal law.
The whole point of the article that I cited is that mens rea, in practice, is not a necessary element for charges and convictions under this one law-and this interpretation has been upheld by the Supreme Court. The article also asserts that this law is inherently unconstitutional. Note that this only applies in the federal system. State prosecutions still include mens rea protections for false statements to authorities in practice.

Would any lawyer, worth their salt, let a client make on the record statements in federal jurisdiction without advising them of this risk? I think not. Therefore, I believe that the statements made by the GAs/FAs and other involved UA personnel in this case were made knowing the great risk from lying.

The fact that you believe UA is a dishonest and corrupt business has no bearing on the statements of employees represented by a union lawyer.

Last edited by zombietooth; May 1, 2017 at 7:46 am
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