Metheny distributed the falsified helicopter weight and
balance charts, as well as other falsified FAA
helicopter performance charts to pilots and helicopter
flight manuals for use in the field. Unaware of the
false nature of the charts, they were then used by
pilots and the Forest Service personnel in conducting
wildfire flight operations. Their use included
calculating the helicopter’s maximum payload capacity
during firefighting operations thereby risking the life
and safety of the pilots operating the helicopters and
those aboard, including firefighters.
On
August 5, 2008, N612AZ crashed during takeoff while
conducting firefighting operations. The crash resulted
in nine fatalities and four were severely injured. The
pilots utilized these same falsified charts in the
flight manual in determining the payload calculations
for the fatal flight.
The surviving and permanently injured co-pilot of N612AZ
said that pilots trust the integrity of the charts with
their life; if the weight of the helicopter is wrong,
the final payload will be wrong. If he had known, he
would never have used those charts. Other pilots also
stressed the importance of using accurate charts as an
integral part to the safe operation of a helicopter,
especially when carrying passengers. If the Forest
Service manager at the crash site had known the truth
about the falsified weight documents, the operation
would have been immediately shut down and the
firefighters would not have been allowed on board the
helicopter.
National Transportation Safety Board (NTSB)
investigators would later discover the accurate weight
documents for the crash helicopter and learn that it
weighed over 1400 lbs. more than the falsified weight
documents used by the pilots. Within days of the crash,
Metheny replaced the crash helicopter with another
helicopter for the contract by using falsified FAA power
performance charts and weight documents for that
aircraft.
Court documents further disclose that following the
crash of N612AZ, Metheny and Phillips then attempted to
conceal the fraud by devising schemes to prevent the
Forest Service from discovering the actual weight of
each aircraft under contract. Their schemes included
having Carson
pilots and crew improperly remove equipment and
helicopter components without recording their removal.
However, some refused and one crew chief explained that
he was done lying about the helicopter’s weight. The
Forest Service eventually discovered that all of the
aircraft were over their bid weight, the weight
documents submitted in the contract proposals were
fraudulent with underreported weights and the
helicopters were using falsified performance charts. All
of the contracts were terminated.
Government documents show that Metheny also concealed
the fraudulent conduct involving N612AZ from the NTSB
during its crash investigation. He and Phillips were Carson representatives on
the NTSB investigation. Yet, Metheny knew NTSB
investigators were relying on the falsified weight
documents used by the crash helicopter and he attempted
to convince them of their accuracy.
Later, when NTSB discovered that the performance chart
used by N612AZ was falsified, the product of a “cut and
paste” created at Carson’s
Grants Pass
office, Metheny attempted to throw suspicion onto a
former employee, someone he held animosity toward.
Court documents further reveal that Metheny was
continuously stealing from Carson. He used Carson funds to buy jewelry and other personal items for
himself and his wife, to renovate their residence and he
sold Carson helicopter parts and equipment and
diverted the proceeds to his own private aviation
company for his personal use. He also stole tail rotor
blades from a shipment at Carson’s
Grants Pass
facility then attempted again to place suspicion on the
same person he had animosity toward. Metheny repaid
Carson
over $73,900 as restitution for the theft of helicopter
parts from the company.
In
recommending a sentence of 15.5 years, Assistant U.S.
Attorney Chatfield argued Metheny was the architect
behind the scheme to defraud the Forest Service and gain
a significant advantage over his competitors. His
fraudulent conduct was the result of pure greed that
eventually placed the lives of numerous pilots and
firefighters in extreme danger. Metheny demonstrated
such an indifference to the danger in which he placed
others just to perpetuate the fraud. As a licensed
helicopter pilot, he knew the falsified charts put
firefighters and pilots at risk of serious injury, even
death.
Chatfield said that helicopter firefighting operations
certainly have a high level of risk where failure can
have catastrophic consequences, such as with the crash
of N612AZ. Yet, what is totally unacceptable is the
substantial risk Metheny created by his fraudulent
conduct, unnecessarily putting the lives of so many
pilots and firefighters in harm’s way.
Metheny’s conduct has had such an adverse and lasting
impact on so many people, both financially and
emotionally. To know that those firefighters who lost
their lives would not have been even allowed on the
crash helicopter if the Forest Service manager or the
pilots had known about the falsified weight is
absolutely devastating to their families.
“This is an incredibly disturbing case that has exposed
the senseless greed behind this despicable criminal
conduct. There is a price to pay for submitting false
information about helicopter payload capabilities in the
bid process. The intentional deceit defrauded the Forest
Service and created a reckless risk of harm to those who
used the information in firefighting operations,
including those who were relying on the false
information when a Carson helicopter crashed near
Weaverville, California on August 5, 2008,” says Acting
U.S. Attorney, Billy J. Williams. “The lives of heroic
individuals serving in these operations were placed in
harm’s way when greedy people enriched their pockets
without consideration for their conduct.”
“This investigation demonstrates that ensuring the
integrity of the acquisition process and that
taxpayer dollars are protected from fraud and abuse,
as well as the inherent associated safety risks, is
a top priority for the Office of Inspector General
(OIG),” said William Swallow, Department of
Transportation OIG Special Agent-in-Charge. “Working
with our law enforcement and prosecutorial
colleagues, we will continue our efforts to promote
the prevention, detection, and prosecution of
contract fraud and ensuring the public’s safety.”
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