• 

,A JSPARTMENT Or 

^^;;iANSPORWiON 

U.S. DEPARTMENT OF TRANSPORTATION"^-' 0'^^°^'''0''^-S 

+ + + + + 

OFFICE OF HEARINGS 

+ + + + + 

PRE-HEARING CONFERENCE 

m tiAR23 P 1:59 

IN THE MATTER OF 

FEDERAL AVIATION 

ADMINISTRATION 

COMPLAINANT, 

V. 

BRIAN WALLAESA 

RESPONDENT 

FAA NO. 

CPIOWPOOIO 

FDMS NO. 

FAA-2010-062 

Friday, March 16, 2012 

Via Teleconference 

The above-entitled matter came on for 

hearing, pursuant to notice, at 3:00 p.m. 

BEFORE: 

THE HONORABLE RONNIE A. YODER, 

CHIEF ADMINISTRATIVE LAW JUDGE 

MAR 19 2012 

HEAR/NG DOCKET 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE.. N.W. 

WASHINGTON. D.C. 20005-3701 www.nealrgross.com 
APPEARANCES: 

On Behalf of the Respondent : 

BRIAN WALLAESA, pro se 

11272 Wortham Crest Circle 

Manassas, VA 20109 

(570) 778-1335 

On Behalf of the Complainant. Federal 

Aviation Administration: 

JOHN C. STUART, ESQ. 

of: Office of Chief Counsel 

Enforcement Division, AGC-300 

Federal Aviation Administration 

8 00 Independence Avenue S.W. 

Washington, DC 20591 

(202) 267-9958 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, DC. 20005-3701 www.nealrgross.com 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

P-R-0-C-E-E-D-I-N-G-S 

(3:07 p.m.) 

JUDGE YODER: Okay, thank you very 

much. Gentlemen, this pre-hearing conference 

operates under the same rules as we used in 

the previous one, so I won't repeat them for 

you. But there were a couple of questions that 

arose by reason of things that were or were 

not filed, and I thought rather than issue 

orders like some people do, which produces a 

result where ships pass each other night, I 

figured it would be nice to find out what the 

real facts are. And I'm hopeful that you folks 

can help me with that. 

Mr. Wallaesa, when we last had the 

pre-hearing conference I directed you to file 

a copy of the grand jury transcript. And what 

I received as a consequence was initially your 

memorandum with one page of one of the 

transcripts. And, at the same time, I gather 

you sent a copy to us by FedEx which attached 

the entire transcript of that one witness, and 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
1 

2 

3 

4 

5 

6 

7 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

which subsequently got rerouted from here^ and 

we eventually received in March after the last 

pre-hearing conference. So, that's why we 

didn't understand what you were referring to 

when you referred to having filed the 

transcript with the dockets. Do you see what 

I mean? 

MR. WALLAESA: Not really. 

JUDGE YODER: Okay. You had, in 

fact, sent that transcript of that witness to 

the dockets when you filed your motion. Right? 

MR. WALLAESA: In? 

JUDGE YODER: In November. Your 

answer to the motion. 

MR. WALLAESA: Yes, that's correct. 

JUDGE YODER; Your answer to the 

filing on the level of penalty. 

MR. WALLAESA: Yes. 

JUDGE YODER: Because the one that 

wound up in the dockets had that in it, but we 

didn' t have that when we last spoke, so I 

didn't know you had actually filed the whole 

{202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE.. N.W. 

WASHINGTON. DC. 20005-3701 www.nealrgross.com 
1 thing. The one that we initially received only 

2 had one page, so that's why we got in the 

3 conversation last time. 

4 But, as I pointed out, in the 

5 judge's order, he directed the prosecutor in 

6 the criminal case to provide you with a 

7 complete copy of the transcript of the grand 

8 jury proceedings. Do you know what I mean? 

9 MR. WALLAESA: Yes. 

10 JUDGE YODER: Okay. I would assume 

11 that there was more than one witness that 

12 testified in the grand jury. 

13 MR. WALLAESA: I would have to 

14 assume that, I guess. 

15 JUDGE YODER: Well, my question 

16 then is where is the rest of the transcript, 

17 because all you submitted was one witness. Let 

18 me help you understand why this is important. 

19 This is going to be testimony by 

2 0 people who at a hearing will be testifying 

21 against you. 

22 MR. WALLAESA: I understan d that . 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON. D.C. 20005-3701 www.nealrgross.com 
1 

2 

3 

4 

5 

6 

7 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

JUDGE YODER: It will be important 

to see - - to have their previous testimony 

available so we can see whether it is the same 

or different. Do you understand? 

MR. WALLAESA: I understand. 

JUDGE YODER: Okay. So, do you know 

whether you have the transcripts for the other 

witnesses before the grand jury? 

MR. WALLAESA: I'll have to check. 

I sent you what I thought I had. 

JUDGE YODER: Well, all you sent me 

was one witness. 

MR. WALLAESA: Mr. McPeak. 

JUDGE YODER: Yes. 

MR. WALLAESA: Actually, it's two 

witnesses, it should have been two witnesses. 

the FBI. 

JUDGE YODER: You think you sent 

two witnesses? 

MR. WALLAESA: It was Mr. McPeak 

and in between there is the FBI Agent. 

JUDGE YODER: Let me see. I've got 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

McPeak. Wasn't he the FBI Agent? No, Special 

Agent Mollica was the FBI Agent. 

MR. WALLAESA: Yes, McPeak was the 

boss in Las Vegas. 

JUDGE YODER: Okay, but do you have 

Mollica? Mollica is not attached to the copy 

attached to your answer to the Complainant's 

memorandum. 

starts --

MR. WALLAESA: Yes, he is. He 

JUDGE YODER: Excuse me, but I'm 

looking at the document that you sent. What 

you sent only has McPeak, not Mollica. Hang on 

just a second. You also sent a certified 

document from the docket, and I didn't mean to 

make you do that, because I don't really need 

certified copies of things in our own docket. 

Let's see what we've got here. This looks like 

-- this says it's the testimony of McPeak. And 

you think - - the thing that you sent is a 

certified copy? You thought also had Mollica? 

Hello? 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

MR. WALLAESA: Yes. Yes, sir. 

JUDGE YODER: I don't see anything 

on Mollica. So, the point is -- pardon me? 

COURT REPORTER: Pardon me, Your 

Honor, thi s is the court reporter. I was 

wondering if you could direct Mr. Wallaesa to 

speak a little more loudly? 

JUDGE YODER: Certainly. 

COURT REPORTER: I'm having trouble 

picking him up. 

JUDGE YODER: Okay. Mr. Wallaesa — 

MR. WALLAESA: As I'm looking 

through the documents there's information --

JUDGE YODER: Are you on a speaker 

phone? 

MR. WALLAESA: Yes, I am. 

JUDGE YODER: Can you manage 

without it? 

MR. WALLAESA: I'm sorry, I cannot. 

JUDGE YODER: Okay. 

MR. WALLAESA: It's just a matter 

of having the information at my disposal. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
1 

2 

3 

4 

5 

6 

• 7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

JUDGE YODER: Okay then, get closer 

to the speaker phone. 

MR. WALLAESA: Yes. 

JUDGE YODER: Okay. 

MR. WALLAESA: Yes. 

JUDGE YODER: Okay. So, if you know 

you have Mollica's that needs to be sent to 

us . 

MR. WALLAESA: Okay. 

JUDGE YODER: But irrespective of 

what you know about what you have, everything 

that you have on that grand jury proceeding 

needs to be sent to us. And if you don't have 

all of the transcripts of the testimony at the 

grand jury proceeding, you ought to see if you 

can get them from the attorney who represented 

you because the judge directed the prosecutor 

to provide you with those transcripts. 

MR. WALLAESA: Okay. 

JUDGE YODER: Okay? And we ought to 

have those before we go forward, so that's the 

principal thing I wanted to clarify. I was on 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON. D.C. 20005-3701 www.nealrgross.com 
10 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

the verge of sending out an order to require 

you to supply the full thing, but I thought it 

would be nice to know whether you actually 

knew anything about the full thing. 

So, now we know that and you check 

and make sure that you send me and the 

Complainant' s counsel a copy of everything 

that you have on the grand jury proceeding. 

And if you don't have everything contact your 

attorney and/or the prosecutor and make sure 

you get everything. Do you understand? 

MR. WALLAESA: I already have done 

that. I don't believe I have everything. 

JUDGE YODER: You already have 

contacted your attorney? 

MR. WALLAESA: I have contacted --

not in this year, in November of last year. 

JUDGE YODER: Well, contact him now 

and tell him that there's this judge up in 

Washington who says he needs to provide you 

with the whole thing. 

MR. WALLAESA: Okay. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON. D.C. 20005-3701 www.nealrgross.com 
11 

1 JUDGE YODER: And if he wants to 

2 check with me, he's more than welcome to do 

3 that, or I can deal with him directly. You 

4 understand what I'm saying? 

5 MR. WALLAESA: I understand what 

6 you're saying. 

7 JUDGE YODER: Okay, good. Al 1 

8 right. So, that was the first and primary 

9 thing I needed to get taken care of. I would 

10 like to see that get taken care of within the 

11 next week or two. Do you think that's doable? 

12 MR. WALLAESA: Yes, I do, it's just 

13 the timing of information through phone and 

14 email. 

15 JUDGE YODER: Oh, I know. I know, 

16 but let's set a date anyway. 

17 MR. WALLAESA: I know. I want to 

18 work on it as fast as possible. I don't want 

19 to hold off on it. I just want to --

20 JUDGE YODER: I understand that. We 

21 will assume that you'll do that by March 30. 

22 That'll be two weeks from today. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON. D.C. 20005-3701 www.nealrgross.com 
12 

1 

2 

3 

4 

5 

• 6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

MR. WALLAESA: That's fine. 

JUDGE YODER: Okay? 

MR. WALLAESA: Okay. 

JUDGE YODER: And if you can't do 

it or haven't finished doing it by then, you 

contact me and we'll work on a different date. 

Okay? 

MR; WALLAESA: Okay. 

JUDGE YODER: All right. That's the 

first thing. The second thing was that you had 

undertaken to provide financial data by the 

14'^h j^£ y^^ were going to raise ability to pay 

as an issue. Did you do that, and are you 

going to raise ability to pay as an issue? 

MR. WALLAESA: No, I'm not. 

JUDGE YODER: Okay, you've not 

provided financial data. And as far as you're 

concerned we don't have to worry about whether 

you don't have any money in considering 

whether the penalty should be $5,500. 

MR. WALLAESA: Yes. 

JUDGE YODER: Okay. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE.. N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
i3 

1 MR. WALLAESA: I apologize for that 

2 but if I drag it out for two years it's going 

3 to go -- I'm not going to back down from that 

4 now. 

5 JUDGE YODER: I'm sorry, I'm not 

6 sure what you just said. 

7 MR. WALLAESA: I requested a trial 

8 two years ago. If I waited two years I'm not 

9 going to -- if I didn't consider it for two 

10 years it's not going to - -

11 JUDGE YODER: It's not a question 

12 whether you considered it, it's a question of 

13 whether it's going to be considered at the 

14 hearing. 

15 MR. WALLAESA: I understand that. 

16 That's what I'm saying, is I don't want it to 

17 be considered. 

18 JUDGE YODER: You don't want to put 

19 in information concerning your financial 

20 ability. 

21 MR. WALLAESA: No. 

22 JUDGE YODER: Is tha t right ? 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISl^ND AVE.. N.W. 

WASHINGTON, D.C. 20005-3701 www. nealrg ross .com 
14 

1 

2 

3 

4 

5 

6 

7 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

MR. WALLAESA: That is correct. 

JUDGE YODER: Okay, I got it. All 

right. As I mentioned to you before, that is 

one of the principal reasons that the 

Administrator has allowed in considering a 

lower penalty than that requested by the 

Complainant. And I just want to make sure you 

understand that. 

Okay. So, if there's not going to 

be any financial data forthcoming, is there 

going to be any possibility of you folks 

talking further about a settlement of this 

case? 

MR. STUART: Judge, the FAA is open 

to settling, but from previous discussions 

with Mr. Wallaesa, I don't know that's an 

option on his end. I guess it would be up to 

him. 

JUDGE YODER: Mr. Wallaesa, are you 

in a position where you can undertake to 

discuss settlement further with Complainant? 

MR. WALLAESA: Again, it's been two 

{202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, DC. 20005-3701 www.nealrgross.com 
15 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

years. I don't -- I would rather see this go 

all the way. 

JUDGE YODER: I see, okay. All 

right. Well, then we have a date for two weeks 

from today for the submission of that grand 

jury transcript material, and since it doesn't 

look like there's going to be any further move 

towards settlement, I will move ahead with 

trying to set this for a hearing date, which 

is complicated by the fact that I don't have 

a hearing room. But I do have a window of 

availability that I know of now at the 

International Trade Commission between March 

15 and - - 14 and 25, somewhere in there. 

Excuse me, not March, May, between May 14 and 

2 5. That is their last report to me, so who 

knows what their next report to me will be. 

But when I last spoke to them it looked like 

that was a possible window of hearing 

opportunity. So, I will alert both parties to 

the fact that a hearing may be set during that 

time period. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON. D.C. 20005-3701 www nealrgross.com 
16 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

We do not consult parties before 

selecting the date for a hearing, unlike the 

pre-hearing conferences. We fix a date for a 

hearing, and people show up. Are we clear? 

MR. WALLAESA: Understood. 

JUDGE YODER; Okay. Al 1 right. I 

don't know that there's anything further we 

can do today. You let us have that information 

by the 3 0''^. Hopefully, that means in hand, 

Mr. Wallaesa, so you FedEx it to DOT at the 

same address you did before. Hopefully they 

now have the message that we still exist, and 

they won't use it and send it back to you like 

they apparently did last time. 

MR. WALLAESA: Well, I believe last 

time there was an issue in what room to 

deliver it to. They knew the building but they 

didn't know the room. 

JUDGE YODER: Well, just SO you'll 

understand, the fact is that DOT has a brand 

new building about four years old down the 

street which houses most of DOT. And we were 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE.. N.W. 

WASHINGTON, DC. 20005-3701 www.nealrgross.corn 
17 

1 there until September. Then they moved us out 

2 of there up the street, but all of our mail is 

3 still supposed to be delivered down there, and 

4 it's brought up here from down there. So, when 

5 they tried to deliver it down there, 

6 apparently the guard people or whoever 

7 received this envelope looked at his sheet and 

8 didn't see any Judge Yoder down there. And, 

9 consequently told them no, he's not here. And 

10 that's why it apparently came back to you. 

11 MR. WALLAESA: Okay, so the correct 

12 address is New Jersey Avenue. 

13 JUDGE YODER: That's right. That's 

14 the correct address and 'it's supposed to go 

15 there, and then they're supposed to get it up 

16 to me promptly. But based on what you've said 

17 today, I think I heard you say that you know 

18 you have at least one more transcript from the 

19 grand jury proceeding. And what you need to do 

20 is check and make sure you send us whatever 

21 you have. When I say "us, " I mean the 

22 Complainant and the Judge. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE.. N.W 

WASHINGTON, D.C. 20005-3701 Www. nealrgross. com 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

Stuart? 

MR. WALLAESA: Yes. 

JUDGE YODER: Okay? 

MR. WALLAESA: Okay, sir. 

JUDGE YODER: Anything further, Mr 

MR. STUART: No, Your Honor. 

JUDGE YODER: Okay. Well, thank you 

both for showing up on this short turnaround 

pre-hearing, but I thought we needed to get 

this resolved right away. And if there's 

nothing further that concludes the pre-hearing 

conference. Thank you both. 

MR. STUART: Thank you, Judge. 

(Whereupon, the proceedings went 

off the record at 3:23 p.m.) 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON. D.C. 20005-3701 www.nealrgross.com 
ability 12:12.14 

13:20 

above-entitled 1:17 

address 16:1 1 

17:12,14 

Administration I:S 

2:13,18 

AD.MINISTRAT... 

1:22 

Administrator 

14:5 

AGC-300 2:17 

Ayent5:2] 7:1.2,2 

ago 13:8 

ahead 15:S 

alert 15:20 

allowed 14:5 

and/or 10:10 

ans\ver4:14,!6 7:7 

anyway 11:16 

apologize 13:1 

apparently 16:14 

17:6,10 ' 

APPEARANCES 

2:1 

arose 3:8 

assunH'5:i0.14 

11:21 

attached 3:2i 7:6,7 

attorney 9:16 

•10:10,'l5 

availability 15:12 

available 6:3 

Avenue2:19 17:12 

Aviation 1:72:13 

2:18 

B 

back 13:3 16:13 

17:10 

based 17:16 

Behalf2:2.11 

believe 10:13 16:15 

boss 7:4 

brand 16:20 

BRIAN 1:11 2:5 

brought 17:4 

building 16:17,21 

C2:15 

care 11:9,10 

case5:6 14:13 

Certainly 8:8 

certiried"7:14,17,21 

check6:9 10:5 11:2 

17:20 

Chief 1:22 2:16 

Circle 2:6 

clarify 9:22 

clear 16:4 

closer 9:1 

Commission 15:13 

Complainant 1:9 

2:11 14:7,21 

17:22 

Complainant's 7:7 

10:7 

complete 5:7 

complicated 15:10 

concerned 12:18 

concerning 13:19 

concludes 18:11 

conference 1:3 3:4 

3:164:3 18:12 

conferences 16:3 

consequence 3:18 

consequently 17:9 

consider 13:9 

considered 13:12 

13:13,17 

considering 12:19 

14:5 

consult 16:1 

contact 10:9,18 

12:6 

contacted 10:15,16 

conversation 5:3 

copies 7:17 

copv3:17,21 5:7 

7:6.21 10:7 

correct 4:15 14:1 

17:11,14 

counsel2:I6 10:7 

couple 3:7 

court 8:4,5,9 

CPIOWPOOIO 1:8 

Crest 2:6 

criminal 5:6 

~ D 

data 12:11,17 

14:10 

datell:16 12:6 

15:4,9 16:2,3 

DC2:21 

deal 11:3 

deliver 16:17 17:5 

delivered 17:3 

DEPARTMENT 

1:1 

different 6:4 12:6 

direct 8:6 

directed 3:16 5:5 

9:17 

directly 11:3 

discuss 14:21 

discussions 14:15 

disposal 8:22 

Division 2:17 

doable 11:1) 

docket 7:15,17 

dockets 4:6,11,20 

document 7:12,15 

documents 8:13 

doing 12:5 

DOT 16:10,20,22 

drag 13:2 

email 11:14 

Enforcement 2:17 

entire 3:22 

envelope 17:7 

ESQ 2:15 

eventually 4:2 

Excuse 7:"ll 15:15 

exist 16:12 

FAA 1:8 14:14 

FAA-2010-0628 

1:10 

fact4:10 15:10,21 

16:20 

facts 3:13 

farl2:17 

fast 11:18 

FBI 6:17,21 7:1,2 

FDMS 1:10 

Federal 1:7 2:11,18 

FedEx3:21 16:10 

figured 3:12 

rilc3:16 

filed3:94:5,ll,22 

fillng4:17 

flnancial 12:11,17 

13:19 14:10 

find 3:12 

nnel2:l 

flnlshed 12:5 

first 11:8 12:10 

fix 16:3 

folks3:13 14:11 

forthcoming 14:10 

forward 9:21 

four 16:21 

Friday 1:14 

full i 0:2,4 

further 14:12,21 

15:7 16:7 18:4,11 

gather 3:20 

Gentlemen 3:4 

go 9:21 13:3 15:1 

17:14 

golng5:19 12:12,14 

13:2,3,9,10,13 

14:9,11 15:7 

good 11:7 

grand3:17 5:7,12 

6:8 9:12,15 10:8 

15:5 17:19 

guard 17:6 

guess5:14 14:17 

H 

hand 16:9 

Pag e 19 

Hang 7; 13 

heard 17:17 

hearing 1:17 5:20 

13:14 15:9,11,19 

15:21 16:2,4 

HEARINGS 1:2 

Hello 7:22 

help3:145:18 

hold 11:19 

Honor8:5 18:6 

HONORABLE 

1:20 

hopeful 3:13 

Hopefully 16:9,11 

houses 16:22 

I 

Important 5:18 6:1 

Independence 2:19 

Information 8:13 

8:22 11:13 13:19 

16:8 

Inltially3:18 5:l 

International 

15:13 

Irrespective 9:10 

Issue3:9 12:13,14 

16:16 

Jersey 17:12 

JOHN 2:15 

judge 1:22 3:3 4:9 

4:13,16,195:10 

5:156:1,6,11,14 

6:18,22 7:5,11 8:2 

8:8,11,14,17,20 

9:1,4,6,10,17,20 

10:14,18,19 11:1 

11:7,15,20 12:2,4 

12:9,16,22 13:5 

I3:i 1,18,22 14:2 , 

14:14.19 15:3 

16:6,19 17:8,13 

17:22 18:2,4,7,13 

judge's 5:5 

jury 3:175:8,12 

6:8 9:12,15 10:8 

Nea l R. Gross & Co. , Inc . 

202-234-443 3 
15:6 17:19 

K 

knew 10:4 16:17 

know4:22 5:8 6:6 

9:6.11 10:3,5 

11:15,15,17 14:16 

15:12 16:7,18 

17:17 

knows 15:17 

L 

Las 7:4 

LAW 1:22 

let's 7:18 11:16 

level 4:17 

little 8:7 

look 15:7 

looked 15:18 17:7 

looking7:12 8:12 

looks 7:IS 

loudly 8:7 

lower 14:6 

M 

mail 17:2 

manage 8:17 

Manassas 2:7 

.March 1:14 4:2 

11:21 15:13,15 

material 15:6 

matter 1:6J7 8:21 

McPeak 6:13,20 

7:1,3,13,19 

mean 4:7 5:8 7:15 

17:21 

means 16:9 

memorandum 3:19 

7:8 

mentioned 14:3 

message 16:12 

Mollica 7:2.6,6,13 

7:21 8:3 

MoIiica's9:7 

money 12:19 

motion4:l 1,14 

move 15:7,8 

moved 17:1 

N 

need7:16 17:19 

needed 1 1:9 18:9 

needs 9:7,13 10:20 

new 16:21 17:12 

nice3:12 10:3 

night3:ll 

notice 1:17 

November 4:13 

10:17 

O 

Office 1:2 2:16 

Oh 11:15 

okay 3:3 4:9 5:10 

6:6 7:5 8:11,20 

9:1,4,6.9,19,20 

10:22 11:7 12:2,3 

12:7,8,16,22 14:2 

14:9 15:3 16:6 

17:11 18:2,3,7 

old 16:21 

open 14:14 

operates 3:5 

opportunity 15:20 

option 14:17 

order5:5 10:1 

orders3:10 

ought 9:15,20 

page3:19 5:2 

pardon 8:3,4 

parties 15:20 16:1 

pass 3:1 1 

pay 12:12,14 

penaltv4:17 12:20 

14:6 

people3;10 5:20 

16:4 17:6 

period 15:22 

phone 8:15 9:2 

11:13 

picklng8:10 

point 8:3 

pointed 5:4 

position 14:20 

possibility 14:11 

possible 11:18 

15:19 

previous 3:6 6:2 

14:15 

pre-hearing 1:3 3:4 

3:164:3 16:3 

18:9,11 

primary 11:8 

principal 9:22 14:4 

pro 2:5 

proceeding 9:12,15 

10:8 17:19 

proceedings 5:8 

18:14 

produces 3:10 

promptly 17:16 

prosecutor 5:5 

9:17 10:10 

provlde5:6 9:18 

10:20 12:11 

provided 12:17 

pursuant 1:17 

put 13:18 

P-R-0-C-E-E-D-... 

3:1 

p.ml:173:2 18:15 

Q Z 

question 5:15 

13:11,12 

questions 3:7 

R "^ ^ 

raise 12:12,14 

real3:13 

really4:8 7:16 

reason 3:8 

reasons 14:4 

received 3:18 4:2 

5:1 17:7 

record 18:15 

referred 4:5 

referring 4:4 

repeat 3:6 

report 15:16,17 

reporter 8:4,5,9 

represented 9:16 

requested 13:7 

14:6 

require 10:1 

rerouted 4:1 

resolved 18:10 

Respondent 1:12 

2:2 

rest 5:16 

result 3:11 

right 4:11 11:8 

12:9 13:22 14:3 

15:4 16:6 17:13 

18:10 

RONNIE 1:20 

room 15:11 16:16 

16:18 

rules 3:5 

saying 1 1:4,6 13:16 

says7:19 10:20 

se2:5 

sccond7:14 12:10 

see4:6 6:2,3.22 

7:188:29:15 

11:10 15:1,3 17:8 

selecting 16:2 

send 10:6 16:13 

17:20 

sending 10:1 

sent3:21 4:106:10 

6:11,187:12,13 

7:14,20 9:7,13 

September 17:1 

setll:16 15:9,21 

settlement 14:12 

14:21 15:8 

settling 14:15 

sheet 17:7 

ships 3:11 

short 18:8 

show 16:4 

showing 18:8 

sir 8:1 18:3 

sorry 8:19 13:5 

speak 8:7 

speaker 8:14 9:2 

Pag e 20 

Special 7; 1 

spoke4:21 15:18 

starts 7:10 

street 16:22 17:2 

Stuart 2:15 14:14 

18:5,6,13 

submission 15:5 

submitted 5:17 

subsequently 4:1 

supply 10:2 

supposed 17:3,14 

17:15 

sure 10:6,10 13:6 

14:7 17:20 

S.W 2:19 

taken 11:9.10 

talking 14:12 

Teleconference 

1:15 

tell 10:19 

testified 5:12 

testifying 5:20 

testimony 5:19 6:2 

7:199:14 

thank3:3 18:7,12 

18:13 

thing 5:1 7:20 9:22 

10:2,4,21 11:9 

12:10,10 

things3:8 7:17 

think 6:18 7:20 

11:11 17:17 

thought3:9 6:10 

7:21 10:2 18:9 

tlme3:20 5:3 15:22 

16:14,16 

timing 11:13 

today 11:22 15:5 

16:8 17:17 

told 17:9 

Trade 15:13 

transcript 3:17,22 

4:6,105:7,16 15:6 

17:18 

transcripts 3:20 

Nea l R. Gross & Co. 

202-234-443 3 

I n c . 
Pag

e 2 1 

6:79:14,18 

Tl^NSPORTA... 

1:1 

trial 13:7 

tried 17:5 

trouble 8:9 

trying 15:9 

turnaround 18:8 

two 6:15,16,19 

11:11,22 13:2.8,8 

13:9 14:22 15:4 

U 

understand 4:4 

5:18,22 6:4,5 

10:11 11:4,5.20 

13:15 14:8 16:20 

Understood 16:5 

undertake 14:20 

undertaken 12:11 

use 16:13 

L'.S 1:1 

V 1:10 

VA2:7 

Vegas 7:4 

verge 10:1 

waited 13:8 

Wallaesa 1:11 2:5 

3:154:8,12,15,18 

5:9.13.22 6:5,9,13 

6:15,20 7:3,9 8:1 

8:6.11.12,16,19 

8:21 9:3,5,9.19 

10:12,16,22 11:5 

11:12,17 12:1,3,8 

12:15,21 13:1.7 

13:15.21 14:1,16 

14:19.22 16:5,10 

16:15 17:11 18:1 

18:3 

want 11:17.18,19 

13:16,18 14:7 

wanted 9:22 

wants 11:1 

Washington 2:21 

10:20 

Wasn't 7:1 

way 15:2 

week 11:11 

weeks 11:22 15:4 

welcome 11:2 

went 18:14 

we'll 12:6 

we've 7:18 

window 15:11,19 

witness 3:22 4:10 

5:11,176:12 

witnesses 6:8,16,16 

6:19 

wondering 8:6 

work 11:18 12:6 

worry 12:18 

Wortham 2:6 

wound 4:20 

year 10:17,17 

years 13:2,8,8,10 

15:1 16:21 

Yoder 1:20 3:3 4:9 

4:13,16,195:10 

5:15 6:1.6,1 1.14 

6:18,22 7:5,11 8:2 

8:8,11,14,17,20 

9:1,4,6.10.20 

10:14,18 11:1,7 

11:15,20 12:2.4,9 

12:16,22 13:5,11 

13:18,22 14:2,19 

15:3 16:6,19 17:8 

17:13 18:2,4,7 

|)8: 

$5,500 12:20 

1 

112722:6 14 15:14,15 

14th 12:12 

15 15:14 

161:14 

20109 2:7 

2012 1:14 

202 2:22 

205912:21 25 15:14,16 

267-9958 2:22 

3:00 1:17 

3:07 3:2 

3:23 18:15 

30 11:21 

30th 16:9 

570 2:8 

778-1335 2:8 

800 2:19 

Neal R. Gross & Co. , 

202-234-443 3 

I n c 
22 

CERTIFICAT E 

This is CO certify that the foregoing transcript 

In the matter of: Brian Wallaesa: Pre-Hearing Conf 

Before: uS DOT 

Date: 03-16-12 

Place: teleconference 

was duly recorded and accurately transcribed under 

my direction; further, that said transcript is a 

true and accurate record of the proceedings. 

Court Reporter 

NEAL R. GROSS 

COURf REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE.. N.W 

(202) 234-4433 WASHINGTON. D C. 20005-3701 www.nealrgrQSS com