Benjamin Edelman Complaint

1 of 7 BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS

WASHINGTON, D.C.

---------------------------------------------------- -- ) ) Benjamin Edelman, ) third

- party complainant ) )

v. ) Docket DOT

- OST

- 2013

-

____ ) Middle East Airlines ) )

------------------------------------------------------ )

COMPLAINT OF BENJAMIN E DELMAN
Comments with respect to this document should be addressed to:
Benjamin Edelman 169 Walnut St. Brookline, MA 02445 E

- mail: ben@benedelman.org

Dated: December 1 6 , 2013Benjamin Edelman Complaint

2 of 7 BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS

WASHINGTON, D.C.

--------------------------------------------------- ------------ ) ) Benjamin Edelman, ) thir d

- party complainant ) )

v. ) Docket DOT

- OST

- 2013

-

____ ) Middle East Airlines ) )

--------------------------------------------------------------- )

COMPLAINT OF BENJAMIN EDELMAN

1. This complaint arises out of Middle East Airlines mischaracterizing fees

as “tax” and thereby failing to comply with applicable DOT requirements

.
2. On December 1 4 , 2013, I used the Middle East Airlines web site,

mea.com.lb , to quote ordinary paid coach trave l from New York JFK to Beirut
, Lebanon

.
I found that the MEA site misrepresented carrier

- imposed surcharge as “tax.”

3. Specifically, MEA provided the fare quote shown in Exhibit 1. MEA
quoted a “flight s ” cost of $663 plus “tax es ” of $734.84 , for a total of $1397.84 EUR.

4. On information and belief, there is no “tax” of $734.84 on this route.

5. MEA’s statement of “tax” is literally false.

6. It is unfair and deceptive to characterize a charge as “tax” when it is set by

a carrier of its own volition and need not be remitted to any government, airport, or
similar authority. Such false statements provide consumers with inaccurate information

as to the actual cost of their travel.Benjamin Edelman Complaint

3 of 7 7. I previously found that the MEA web site made the same false statement

of “tax” o n April 1, 2013. I retain appropriate screenshot proof which I can provide upon
request. On information and belief, the false statements at issue occurred continuously
throughout this period. I do not know when these false statements began.

8. I ask that the Department of Transportation:
(1) Exercise its authority under 49 USC 41712 to open an investigation of

MEA for having engaged in, and continuing to engage in, the unfair

and deceptive practices described above;
(2) Pursuant to such investigation, o rd er MEA to refund to ticket
purchasers all monies represent ed to ticket purchasers as “tax ” or

government

- imposed fees, but not actually remitted to governments;
(3) Impose appropriate civil penalties on MEA ; and
(4) Refer this matter to appropriate US and foreign tax collection agencies
for investigation of possible tax fraud or other violations of tax law in

non

- payment to governments of monies collected as “taxes” or

government

- imposed fees.

Pursuant to Title 18 United States Code Section 1001, I certif y that I have not in
any manner knowingly and willfully falsified, concealed or failed to disclose any material
fact or made any false, fictitious, or fraudulent statement or knowingly used any

documents which contain such statements in connection with the preparation, filing or
prosecution of the pleading. I understand that an individual who is found to have violatedBenjamin Edelman Complaint

4 of 7 the provisions of 18 U.S.C. section 1001 shall be fined or imprisoned not more than five
years, or both

.

Respectfully submitted
, /s/ Benjamin EdelmanBenjamin Edelman Complaint

5 of 7 Attachment 1Benjamin Edelman Complaint

6 of 7Benjamin Edelman Complaint

7 of 7 Certificate of Service

I h ereby certify that I have, this 1 6 th day of December , 2013 caused a c opy of the foregoing Complaint to be served by electronic mail on the following persons:

Nour El Hashem elhachemn@mea.com.lb * Samuel Podberesky, Esq. sam.podberesky@dot.gov

*

- Because there was no MEA entry in the Regulations.gov docket for DOT

- OST

- 2002

- 12556 ( Foreign

- Designation of Agent for Service of Notice, Process, Orders, Decisions and Requirements ) , I obtained a contact name and email address from MEA’s web site. See http://www.mea.com.lb/English/Corporate/DirectoryHeadquarters/Pages/MEA.aspx
, selecting De partment: Legal Affairs.

/s/

_____________________ Benjamin Edelm an