Yesterday, following a four-week trial before U.S. District
Court Judge Marcia G. Cooke, a federal jury convicted a former Federal Aviation
Administration (FAA) Safety Inspector Manuel R. Fernandez, 42, of Miami, of
twenty-one criminal counts for his participation in a bribery and fraud scheme.
Ariana Fajardo Orshan, U.S. Attorney for the Southern
District of Florida, Todd Damiani, Regional Special Agent in Charge, U.S.
Department of Transportation, Office of Inspector General (DOT-OIG), and George
L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami
Field Office, made the announcement.
According to the evidence at trial, from 2010 through June
28, 2013, Fernandez served as a FAA Aviation Safety Inspector with the FAA
South Florida Flight Standards District Office (“FSDO”). Patricia Suarez and
Rolando Suarez were the co-owners, officers, and directors of AVCOM, a Miami
aviation repair company, which was subject to the jurisdiction and official
responsibility of the FAA South Florida FSDO.
The evidence showed that, at the same he was working for the FAA,
Fernandez held various positions at AVCOM, including Vice President of Operations.
In exchange for Patricia Suarez and Rolando Suarez corruptly
providing over $150,000 in cash, as well as jewelry, a cruise, clothing, and
approximately $15,000 funneled to Fernandez’s mother, Fernandez violated his
lawful and official duties as an FAA Aviation Safety Inspector. Fernandez provided AVCOM with advanced notice
and warnings as to pending FAA inspections of AVCOM, disclosed financial
information about AVCOM’s competitors, and provided AVCOM with improperly
obtained aviation repair manuals produced by original equipment manufacturers
such as Honeywell and Delta, saving AVCOM from paying vast sums of money for
this proprietary information. The
evidence further showed that Fernandez provided materially false statements to
the FAA and DOT in order to hide his participation in these AVCOM-related
activities. Additionally, Fernandez submitted a fraudulent sick leave request
to the FAA, utilizing a forged doctor’s note.
Fernandez was convicted of one count of conspiracy to commit
bribery, in violation of Title 18, United States Code, Sections 371 and
201(b)(1)(C) and (b)(2)(C); fifteen counts of bribery, in violation of Title
18, United States Code, Section 201(b)(2)(C); one count of providing false
statements to a federal agency, in violation Title 18, United States Code,
Section 1001(a)(2); two counts of wire fraud, in violation Title 18, United
States Code, Section 1343; and two counts of aggravated identity theft, in
violation Title 18, United States Code, Section 1028A. Fernandez faces a maximum statutory sentence
of 5 years in prison for the conspiracy count of conviction, 15 years in prison
for each for the bribery counts, five years in prison for the false statement
count, 20 years in prison for each wire fraud count, and a 2-year consecutive
mandatory minimum sentence for the aggravated identity theft counts. In addition, he faces a fine of up to
$250,000 or triple the bribery proceeds.
Rolando Suarez previously pled guilty and was sentenced to
24 months in prison. Patricia Suarez
previously pled guilty and was sentenced to 5 years’ probation with 240 days of
electronic monitoring. Rolando and
Patricia Suarez were ordered to jointly pay $711,940.46 in restitution.
Fernandez is scheduled to be sentenced by Judge Cooke on
August 28, 2019, at 10:30 a.m. (Case No. 17-20780-Cr-Cooke).
U.S. Attorney Fajardo Orshan commended the investigative
efforts of the DOT-OIG and FBI in this matter.
She also thanked the Hialeah Police Department, Miami Beach Police
Department, and Miami-Dade Police Department for their assistance. This case is being prosecuted by Assistant
U.S. Attorneys Michael Davis and Yeney Hernandez.
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