Federal Charges Against Pilots - FAA Certificate Defense
Welcome to Spodek Law Group. Our goal is to give you the reality of federal charges against pilots - not the sanitized version other law firms present, not the aviation magazine fiction, but the actual truth about what happens when a pilot faces federal prosecution and their FAA certificate hangs in the balance.
Here is the insight that will change how you think about your situation: While your focused on the federal charges, preparing for court dates and building a criminal defense, the FAA is running a completely separate process that can end your flying career before your criminal case even gets a judge assigned. Two battlefields. One pilot. And most defense attorneys only know about one of them.
This asymmetry is designed into the system. The federal prosecutor operates under "beyond reasonable doubt." The FAA operates under "preponderance of evidence" - meaning 50.1% certainty is enough to ground you. Different agencies, different standards, different timelines. And they share information with each other while your left defending yourself in the dark.
The Two Battlefields You Didnt Know You Were Fighting On
Most pilots who contact us have already made the critical mistake. They hired a federal criminal defense attorney - a good one, even a great one - and they assumed that covered them. Wrong.
The moment federal charges touch a pilot, two seperate processes begin simultaneously. The criminal case proceeds through the Department of Justice. But the FAA has its own Legal Enforcement Division, and they dont wait for criminal courts to decide anything. They operate under 49 U.S.C. 44709, which gives them authority to act when they determine - and thats their determination, not a judge's - that a certificate holder poses a threat to safety.
Heres were most pilots get blindsided. The DOJ routinely refers aviation-related cases to the FAA through an interagency process. Your federal prosecutor isnt just building a case against your freedom. Theyre simultaneosly feeding information to the agency that controls your career. And nobody tells you this is happening.
Todd Spodek has seen this pattern destroy careers that could have been saved. "By the time pilots call us," he explains, "theyre already fighting on two fronts without knowing it. The FAA has been building their case for weeks or months, using information from the criminal investigation, and the pilot's first attorney never thought to check."
Why Your Criminal Defense Attorney Might Be Your Biggest Liability
This sounds harsh. But its the reality we see constantley.
Criminal defense attorneys - even excellent ones - typically dont understand FAA administrative procedures. They focus on keeping you out of prison, which is absolutly critical. But they dont realize that what you say in criminal proceedings, the testimony you give, the statements you make - all of that becomes ammunition in your FAA case.
Different universe. In criminal court, you have Fifth Amendment protections. In FAA administrative proceedings, your silence can be used against you. If you testified at trial and said something that conflicts with your FAA medical application from three years ago? Thats not just a credibility issue anymore. Thats a potential 18 U.S.C. 1001 violation - making false statements to a federal agency. Five years additional exposure.
The irony cuts deep. Your criminal attorney's agressive defense strategy - the one designed to create reasonable doubt - might hand the FAA exactly what they need to justify revoking your certificate. Because the FAA doesnt need "beyond reasonable doubt." They just need to believe, by a preponderance, that your a safety risk.
We've handled cases were the pilot won criminaly - complete acquittal - and still lost their certificate. The FAA pointed to the same evidence that didnt convince a jury and said "we're convinced." Different standard. Different outcome. And the pilot had already celebrated before realizing the war wasnt over.
The Emergency Order: How They Ground You Before You Even Hire A Lawyer
If you take nothing else from this article, understand this: The FAA can ground you immediately, with zero advance warning, through an Emergency Order of Revocation.
Normal FAA enforcement follows a process. Letter of Investigation. Opportunity to respond. Back and forth. Time to prepare.
Emergency Orders flip the entire script.
Under their emergency authority, the FAA issues the revocation first. Youre grounded the moment that order is signed - not when a judge rules, not when evidence is weighed, not when you get your day in court. The FAA Administrator determines you pose a safety threat, and boom. Your done flying.
The appeal process? Sure, it exists. You have 10 days to appeal to the NTSB. But heres the kicker - the hearing takes 45 to 60 days minimum to schedule. Your grounded that entire time. And if your airline employer cant use you as a pilot, your terminated for inability to perform job duties. Not for cause. Not for conviction. For not being able to fly.
By the time the NTSB actually hears your appeal, youve already lost months of income, possibly your job, definately your professional reputation. Even if you win the appeal, the damage is done.
Joseph Emerson learned this the hard way. The Alaska Airlines pilot who tried to shut down engines midflight in 2023 - his FAA certificate was affected immediatly. The criminal case took until September 2025 to resolve with a guilty plea, and sentancing followed in November 2025. Thats two years of the FAA process running parallel to, but faster than, the criminal system.
The Types of Federal Charges That Trigger FAA Action
Not all federal charges are created equal when it comes to your certificate. But more trigger FAA involvement then you'd expect.
Drug and alcohol offenses: Automatic territory. The FAA has a specific regulatory framework under 14 CFR 61.15 that treats these as per se evidence of unfitness. Drug trafficking, possession with intent, manufacturing - these arent just criminal matters. They raise fundamental questions about judgment that the FAA will pursue aggresively.
Fraud charges: Wire fraud, mail fraud, bank fraud, PPP loan fraud - anything involving deception. The FAA connects dishonesty in any context to fitness for certification. If your willing to defraud a bank, their reasoning goes, your willing to falsify safety reports or medical applications. The logic might seem like a stretch, but its how they think.
False statement charges: We covered 18 U.S.C. 1001 already. But this deserves emphasis. Every false statement to any federal agency becomes relevant. Not just FAA forms - statements to the IRS, FBI, DEA, any federal entity. The FAA views pattern of dishonesty as disqualifying.
Assault and violence charges: Domestic violence convictions can trigger firearm prohibitions, which has implications for certain aviation roles. More broadly, the FAA considers whether violent conduct demonstrates lack of judgment expected of certificate holders.
Tax evasion: Less obvious, but still problematic. Willful violation of federal law - any federal law - can be characterized as demonstrating the kind of judgment deficiencies the FAA cares about. Weve seen tax cases used to support revocation arguments.
The point isnt that every federal charge automatically ends your flying career. Its that almost any federal charge can be used by the FAA to support certificate action if they decide to pursue it. And their threshold for "deciding to pursue" is much lower then most pilots realize.
The 60-Day Clock Ticking Under Every DUI
Stop.
If your reading this because of a DUI arrest - not conviction, just arrest - you need to understand the clock thats already running.
Under 14 CFR 61.15, every pilot must notify the FAA within 60 calendar days of any alcohol or drug-related conviction OR administrative action. Administrative action includes license suspension - which in most states happens automaticly at arrest, before any court date.
Day one starts when the administrative action takes effect. Not when your convicted. Not when your attorney files motions. The day your drivers license gets suspended - even temporarely - the 60-day clock begins.
Miss this deadline? Congratulations, youve just created an independant FAA violation. Even if the DUI gets dismissed, even if you beat the charges completly, your failure to report within 60 days is grounds for certificate action. The FAA now has you for the reporting violation regardless of whether the underlying incident was your fault.
Gets worse.
Two alcohol-related incidents within three years - the FAA's policy is "highly probable revocation." Doesnt matter if neither resulted in conviction. Doesnt matter if the first one was dismissed and the second one was reduced. Two incidents, three years, your looking at losing everything.
And if your BAC was 0.15 or higher? The FAA will require an evaluation by a certified addiction specialist before they'll even consider reissuing your medical certificate. This isnt a formality. These evaluations can take months, cost thousands, and require ongoing monitoring programs.
What Actualy Happens After Federal Conviction
Lets walk through the domino effect. Because most pilots think "prison or no prison" - they dont see whats coming after.
Conviction day: Your federal case concludes with a guilty verdict or plea. Your sentence might include prison time, probation, fines, restitution. Your attorney is focused on minimizing the sentence.
Within 24 hours: The FAA receives notification through DOJ channels. If they havent already acted through Emergency Order, they now have confirmed grounds for certificate action.
Within 30 days: FAA issues formal notice of proposed certificate action. Revocation, not suspension. For federal convictions involving false statements, fraud, or drug/alcohol offenses, revocation is the starting point.
Appeal period: You can appeal to the NTSB. The process takes months. Your grounded the entire time.
One year minimum: Under FAA policy, revocation means you cannot even apply for a new certificate for one year from the effective date. Not reinstatement - new application. You start over from scratch.
The rebuild: When you finally can reapply, you begin as a student pilot. Every written test. Every practical test. Every checkride. Every rating you spent years earning - you re-earn them one by one. Want that ATP certificate back? You rebuild from private pilot upward.
The medical nightmare: Federal conviction creates mandatory disclosure requirements on FAA medical applications forever. Every time you renew, you disclose. Every Aviation Medical Examiner sees it. If the conviction involved substances, expect required evaluations, psychological assessments, possible HIMS program enrollment.
At Spodek Law Group, we tell clients the truth about this timeline upfront. Its devastating. But understanding it means you can fight strategicaly rather than discovering each stage as it destroys another piece of your career.
The False Statement Trap That Turns Defensible Cases Into Career Enders
18 U.S.C. 1001.
Memorize that statute number. Because its the trap that turns winnable cases into automatic losses.
The false statement statute makes it a federal crime to make any materially false statement in any matter within federal jurisdiction. The FAA is a federal agency. Every form you've ever submitted to them - medical applications, airmen certification, incident reports - is covered.
Heres how it plays out:
Federal investigators are looking into something. Could be anything - suspected fraud, safety violation, something tangential to aviation entirely. They interview you. You minimize something. You forget something. You characterize something in a way thats not quite accurate.
They have the FAA records. They have your medical applications going back years. They have every statement youve ever made to any federal agency.
Now the original investigation might be weak. Maybe they cant prove the underlying offense. But they have you on tape or in a written statement saying something that contradicts a document you signed under penalty of perjury.
1001 charge. Five year maximum sentence. And unlike the original charges, this one is almost impossible to defend because they have your own words against your own documents.
Critical warning: Everything you say to federal investigators becomes permanent ammunition. Not just for criminal prosecution - for FAA certificate action too.
The FAA treats dishonesty as a character and judgment issue. Even if the criminal case is resolved favorably, a finding that you made false statements goes directly to whether your qualified to hold a certificate. The FAA doesnt need to prove you flew dangerously. They can revoke for demonstrated dishonesty.
When Winning Your Case Still Means Losing Everything
This is the paradox that breaks pilots mentally.
You fight. You spend hundreds of thousands on defense. Your attorney is brilliant. The prosecution overreached. The jury acquits. You walk out of federal court vindicated.
Then the FAA letter arrives.
Different proceeding. Different standard. The same evidence that wasnt enough to convince twelve jurors beyond reasonable doubt was absolutly enough for the FAA to conclude, by a preponderance, that your certificate should be revoked.
Not fair? Correct.
But the system wasnt designed for fairness. It was designed for safety - or at least the FAA's definition of safety. And their definition includes removing pilots who, in their determination, present unacceptable risk. They dont have to wait for courts. They dont have to follow court outcomes. They operate in a parallel universe with different rules.
We've seen this with drunk driving cases especially. Pilot gets arrested. Criminal defense attorney gets the charges reduced or dismissed through technicalities - breathalyzer calibration issues, traffic stop problems, whatever. Pilot thinks its over.
FAA still has the arrest. Still has the original BAC reading. Still has whatever statements the pilot made to officers. They can still act on what they know, regardless of how the criminal system processed it.
The acquittal doesnt bind them. The dismissal doesnt bind them. Your presumption of innocence in criminal court means nothing in FAA administrative proceedings.
Fighting On Both Fronts: What Actual Defense Looks Like
So what do you actually do?
First: Recognize the dual nature of your situation immediatly. The day you learn federal charges are possible - not filed, possible - you need two types of representation. Criminal defense attorney for the DOJ case. Aviation attorney for the FAA case. These cannot be the same person unless they have specific experiance in both arenas, which is rare.
Second: Coordinate your defense strategy across both fronts. What helps criminally might hurt administratively and vice versa. Your attorneys need to communicate, understand each other's proceedings, and make strategic decisions that account for both outcomes.
Third: Address the FAA proactivly rather than reactively. In some cases, voluntary action - grounding yourself, entering treatment programs, demonstrating rehabilitation - can shape how the FAA responds. Waiting for them to act puts you on defense from day one.
Fourth: Understand your reporting obligations and meet them. The 60-day clock doesnt care about your criminal defense strategy. Missing that deadline creates independant violations that compound your problems exponentially.
Fifth: Prepare for the long game. This isnt a sprint. Federal cases take years. FAA proceedings can take years. Your career recovery, if its possible, takes years beyond that. Mental preparation for extended uncertainty is critical.
At Spodek Law Group, we coordinate with aviation specialists to ensure our clients understand both battlefields from day one. Todd Spodek has seen too many pilots lose winnable fights because nobody told them what they were actualy facing.
The NTSB Appeal Process: What They Dont Tell You
Even when you know about your appeal rights, the practical reality is harsher then the rules suggest.
You file your appeal within 10 days of the Emergency Order. Good. But now what?
The NTSB Office of Administrative Law Judges has a backlog. Your hearing gets scheduled 45 to 60 days out - if your lucky. During this entire period, your grounded. The Emergency Order stays in effect pending resolution. Your not flying. Your not earning. Your career is in limbo.
When you finally get your hearing, the burden has shifted. In criminal court, the government must prove your guilty. In NTSB proceedings challenging an Emergency Order, you must demonstrate that the FAA's determination was wrong. They acted on safety grounds. You prove they shouldnt have.
And the FAA's attorney has been doing this for years. They know the ALJs. They know what arguments work. They have all the time and resources of the federal government behind them.
Win at the ALJ level? The FAA can appeal to the full Board. More months. More uncertainty. More time grounded.
The Board rules against you? You can appeal to federal circuit court. Now your into judicial review territory - expensive, time consuming, and generally deferential to agency decisions.
Every step costs money. Every step takes time. Every step keeps you from flying. The process itself becomes the punishment, even when the underlying action wasnt justified.
We've seen pilots spend two years fighting Emergency Orders that never should have been issued. They won eventualy. But those two years? Gone. Income? Gone. Seniority at their airline? Gone. The system ground them down even though they were right.
What The FAA Knows That You Dont
Information asymmetry kills cases.
The FAA has access to databases you cant see. They have interagency information sharing that feeds them data from investigations you might not know exist. They have your complete aviation history - every form, every medical, every incident report, every complaint.
When federal charges hit, the DOJ notifies relevant agencies. If those charges touch aviation at all - or if the pilot's status is discovered during investigation - the FAA gets a file. Maybe a thick one. Maybe just a heads up. Either way, they know.
Meanwhile, your operating in the dark. Your criminal defense attorney is focused on the prosecution's evidence disclosure - the stuff they must give you under Brady and the Federal Rules. But the FAA isnt bound by criminal discovery rules. They can build their administrative case using information your criminal attorney never sees.
By the time you realize the FAA is involved, theyve been working on this for weeks. Maybe months. Theyve talked to witnesses you dont know about. Theyve pulled records you forgot existed. They have a theory of the case, and your just now showing up to play defense.
This is why early intervention matters more then almost anything else. The sooner you understand what the FAA knows, the sooner you can respond effectivly. Waiting until they act means reacting to a case thats already built.
The Stakes Are Your Identity
Lets be direct about what were talking about.
For commercial pilots, your certificate isnt just a license. Its your identity. Its decades of training, thousands of hours, hundreds of thousands of dollars in investment. Its not just how you make money - its who you are.
Federal charges threaten your freedom. FAA action threatens your existence as a pilot.
Both are devastating. Both require expert defense. Both operate on different timelines with different rules. And most pilots discover this asymmetry too late to do anything about it.
If your facing federal charges and hold an FAA certificate, the clock is already running on multiple fronts.
They had months or years to build their case before you knew anything. You have days to respond effectively once the process goes public.
That window is closing. Call us at 212-300-5196.
Not to sell you something. To tell you the truth about what your facing and help you build a defense that addresses both threats - the one to your freedom and the one to your wings.
The prosecutors have unlimited resources and time. You dont. Use what you have.
212-300-5196.
