BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

Friendship Airways, Inc. 

d/b/a Yell ow Air Taxi, and 

WASHINGTON, D. C. 

Christopher Behnam, Individually 

Violations of 14 CFR Part 374 

and 49 U.S.C. § 41712 

Enforcement Proceeding 

Served September 26, 2014 

DOT -OST -2013-0066 

Judge J.E. Sullivan 

MOTION FOR LEAVE TO FILE AMENDED ENFORCEMENT COMPLAINT 

Pursuant to sections 302.11 and 302.404(b) of the Department of Transportation's Rules 

of Practice in Proceedings, 14 CFR Part 302, the Office of Aviation Enforcement and 

Proceedings (Enforcement Office) files this Motion for Leave to File an Amended Enforcement 

Complaint in the above-captioned case. 

On April3, 2013, the Enforcement Office filed with the Department's Office of Hearings 

a Notice of Enforcement Proceeding and accompanying Complaint against the Respondents, 

Friendship Airways, Inc., d/b/a Yellow Air Taxi ("Friendship") and Christopher Benham, 

individually. On June 6, 2013, the Enforcement Office filed a Motion for Default Judgment. On 

July 22, 2014, the Office of Hearings issued an Order "deeming well-pleaded facts admitted, 

reserving entry of default judgment, and setting deadline for filing supplemental proof." In this 

Order, the Office of Hearings: (1) found that Friendship committed 27 violations of 14 CFR Part 

374 by failing to process credit card refunds in a timely manner; (2) found that Friendship 

committed 27 violations of 49 U.S.C. § 41712 by the same underlying conduct; (3) found that 
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the Enforcement Office failed to prove that Friendship or Mr. Benham violated 49 U.S.C. 

§ 41101; (4) invited the Enforcement Office to submit supplemental proof that Mr. Benham 

exercised direction and control over the operations of Friendship, so as to impose individual 

liability on Mr. Benham; (5) invited the Enforcement Office to submit additional proof in 

support of its request for its proposed civil penalty of $67,500; and (6) expressed doubt that the 

Department could seek certain other forms ofreliefthat were sought in the complaint against Mr. 

Benham individually. The Office of Hearings set a deadline of September 26, 2014, for the 

Enforcement Office to file supplemental proof. 

On today's date, the Enforcement Office filed a document entitled "Response to Order 

Requesting Supplemental Proof." This document sets forth additional information establishing 

Mr. Benham's direction and control over the operations of Friendship, describes the basis for the 

proposed civil penalty of $67,500, and explains the basis for prospective affirmative relief 

against Mr. Benham individually. 

The Enforcement Office believes, however, that the most appropriate means of 

responding to sections III and V of the Office of Hearings' July 22, 2014, order would be to file 

an amended enforcement complaint. The two primary amendments are: (1) the complaint no 

longer alleges that Friendship acted without economic authority under 49 U.S.C. § 41101; and 

(2) the complaint no longer seeks an order directing Mr. Benham to certify annually his 

compliance with a cease and desist order. The Enforcement Office also wishes to amend its 

complaint in light of a pending bankruptcy action filed by Mr. Benham in California. As a 

consequence of the bankruptcy action, the Enforcement Office will no longer seek a monetary 

civil penalty against Mr. Benham individually. Pursuant to 11 U.S.C. § 362(b)(4), the 
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Enforcement Office may continue to pursue non-monetary sanctions against Mr. Benham 

individually, despite the bankruptcy action. 

The Amended Enforcement Complaint amends our factual allegations and requests for 

relief in light of Mr. Benham's bankruptcy action and the Office of Hearings' July 22, 2014, 

order; adds information relating to Friendship's corporate status; corrects typographical errors; 

and clarifies the type and number of violations in this matter. The Enforcement Office submits 

· that by clarifying the factual and legal allegations in the case, an Amended Enforcement 

Complaint would serve the best interests ofthe parties and the Office of Hearings in this matter. 

WHEREFORE, the Enforcement Office respectfully requests that the Office of Hearings 

enter an order granting this Motion for Leave to File Amended Enforcement Complaint. The 

proposed Amended Enforcement Complaint is attached hereto as Attachment A. 

Respectfully submitted, 

Blane A. Workie 

Acting Assistant General Counsel for 

Aviation Enforcement and Proceedings 

Robert M. Gorman 

Senior Attorney 

Office of Aviation Enforcement and 

Proceedings 

(202) 366-9350 
ATTACHMENT A 

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

Friendship Airways, Inc. 

d/b/a Yell ow Air Taxi, and 

WASHINGTON, D. C. 

Christopher Behnam, Individually 

Violations of 14 CFR Part 374 

and 49 U.S.C. § 41712 

Enforcement Proceeding 

AMENDED ENFORCEMENT COMPLAINT 

Served September 26 , 2014 

DOT -OST -2013-0066 

Judge J.E. Sullivan 

1. During all times relevant in this complaint, Friendship Airways, Inc., d/b/a Yellow Air 

Taxi (Friendship) was an air taxi operator as defined by 14 CFR Part 298 with its 

principal place of business at 4201 Ravenswood Road, Ft. Lauderdale, FL 33312. 

2. On September 28, 2012, the Florida Department of State administratively dissolved 

Friendship as a corporation for failing to file an annual report. 

3. The President, CEO, Director of Operations, and sole owner of Friendship was 

Christopher Benham, at all relevant times residing at 2680 NE 24 St., Pompano Beach, 

FL 33064. On information and belief, Mr. Benham now resides at 5061 Knightswood 

Way, Granite Bay, CA 95746. 

4. Friendship operated under the direction and control of Christopher Behnam. Mr. Benham 

was a central figure in the day to day operations of Friendship such that his individual 

conduct amounted to an animating force that caused the violations described herein. See 

Response to Order Requesting Supplemental Proof, filed September 26, 2014, and 

attachments thereto. 

5. On March 5, 2014, Mr. Benham and his wife, Elizabeth Benham, filed a voluntary 

petition for bankruptcy under Chapter 7 of the Bankruptcy Code in the Eastern District of 

California (Case 14-22266). The petition lists the Department of Transportation as a 

creditor holding an unsecured nonpriority claim in the amount of $60,000 for "business 

fine closing airline- Friendship Airways, Inc." See Notice of Updated Service List, filed 

August 8, 2014, Attachment 1 (Bankruptcy Petition), Schedule F. 
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6. In order to engage in air transportation as a direct or indirect air carrier, Friendship was 

required to hold economic authority at all times from the Department, either in the form 

of a certificate of public convenience and necessity issued pursuant to 49 U.S.C. § 41101, 

or in the form of an exemption from the certificate requirement, such as the classification 

of air taxi operators in 14 CFR Part 298. 

7. According to the Federal Aviation Administration (FAA), Friendship ceased operations 

on May 16, 2011. 

8. On May 24, 2011, Mr. Benham resigned as President/Director of Friendship. 

9. On August 15, 2011, Friendship surrendered its air carrier certificate to the FAA. 

10. On October 18, 2011, the Department of Transportation (Department) canceled 

Friendship's air taxi registration because it ceased operations. 

11. As an air carrier, Friendship was subject to the credit refund requirements of Regulation 

Z ofthe Board of Governors ofthe Federal Reserve System, 15 U.S.C. §§ 1601-1693r. 

12. 12 CFR Part 226 and 14 CFR Part 374, which implement Regulation Z, establish that, 

with respect to refund requests involving airline tickets purchased with a credit card, a 

creditor-here Friendship-must transmit a credit statement for a passenger refund to the 

credit card issuer within seven business days of receipt of full documentation for the 

refund requested. 

13. 49 U.S.C. § 41712 confers on the Department authority to prohibit unfair and deceptive 

trade practices and unfair methods of competition. 

14. Between August 2010 and August 2011, Friendship failed in ten instances, some of 

which included purchases of multiple airline tickets, to process credit refund requests 

within seven business days of receipt of full documentation for the refund requested. 

15. Between August 2010 and October 2011, Friendship failed entirely in seventeen 

instances, some of which included purchases of multiple tickets, to process credit refund 

requests upon receipt of full documentation for the refund requested. 

16. In at least one instance referred to in paragraph 14, above, the refund was due on tickets 

that Friendship sold to passengers after May 16, 2011, the date it ceased operations. 

17. Friendship's failure to process credit refunds entirely or within the period required by 

Regulation Z constitutes a violations of 14 CFR Part 374 and is an unfair and deceptive 

practice in violation of 49 U.S.C. § 41712. 

18. Between August 2010 and October 2011, by failing to process credit refund requests 

within seven business days of receipt of full documentation for the refund requested, 

Friendship committed 27 violations of 14 CFR Part 374. 
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19. Between August 2010 and October 2011, by failing to process credit refund requests 

within seven business days of receipt of full documentation for the refund requested, 

Friendship committed 27 acts of unfair or deceptive trade practice in violation of 49 

U.S.C. § 41712. 

20. Upon information and belief, Friendship is a "small business concern" as defined in 

section 3 ofthe Small Business Act, 15 U.S.C. § 632. As such, under 49 U.S.C. § 46301, 

the Department may assess Friendship and its principals civil penalties of up to $2,500 

for each violation of the Department's regulations or Title 49. 

21. Under 49 U.S.C. § 41712, the Department may, upon finding that a carrier is engaged in 

an unfair or deceptive trade practice or unfair method of competition, issue an order 

directing the violator to cease and desist from such conduct. 

22. Under 49 U.S.C. § 46101(a)(4), the Department may issue an order compelling 

compliance with provisions of Part A, Subtitle VII of Title 49 U.S.C. and requirements 

prescribed under that Part, including 14 CFR Part 374 and 49 U.S.C. § 41712. 

WHEREFORE, the Office of Aviation Enforcement and Proceedings requests the Department of 

Transportation to: 

A. Find that Friendship, previously an air carrier, and Christopher Behnam, individually, 

have violated 14 CFR Part 374 by failing to process credit refund requests within the 

period required by Regulation Z of the Board of Governors of the Federal Reserve 

System, 15 U.S.C. §§ 1601-1693r and 12 CFR Part 226; 

B. Find that Friendship and Christopher Behnam, individually, by engaging in the conduct 

described in paragraph A, above, and by selling tickets after the date Friendship ceased 

operations, have engaged in an unfair and deceptive trade practice and unfair method of 

competition thereby violating 49 U.S.C. § 41712; 

C. Order Friendship and Christopher Behnam, individually, and their respective successors 

and assigns, to cease and desist from violating 14 CFR Part 374 and 49 U.S.C. § 41712 

by engaging in the conduct described in paragraphs A and B, above; 

D. Assess civil penalties against Friendship in the amount of$67,500 for the violations 

described in paragraphs A and B, above, pursuant to 49 U.S.C. § 46301; 

E. Order Christopher Behnam personally to cease and desist for a period of 5 years from 

holding a managerial position with or an ownership stake in any carrier, foreign air 

carrier, or any other entity directly engaged or seeking to engage in air transportation. 
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F. Grant such other relief as may be appropriate. 

Blane A. Workie 

Acting Assistant General Counsel 

Aviation Enforcement and Proceedings 

Robert M. Gorman 

Senior Attorney 

Office of Aviation Enforcement and 

Proceedings 

(202) 366-9350 
SERVICE LIST 

ORIGINAL & ONE COPY 

U.S. Department of Transportation 

Dockets Operations, M-30 

West Building, Ground Floor 

Room W12-10 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

ONE COPY 

The Honorable J.E. Sullivan, Administrative Law Judge 

U.S. Department of Transportation 

Office ofHearings, M-20 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

via: Inter-Departmental Delivery 

Friendship Airways, Inc. dba Yellow Air Taxi, Respondent 

2680 N .E. 24 Street 

Pompano, FL 33064 

4201 Ravenswood Road 

Ft. Lauderdale, FL 33312. 

Via: Certified Mail, Return-Receipt Requested 

Email: christopher@flyyellowairtaxi. com, beth@flyyellowairtaxi. com 

Christopher Behnam, Respondent 

2680 N.E. 24 Street 

Pompano, FL 33064 

Via: Certified Mail, Return-Receipt Requested 

Email: christopher@flyyellowairtaxi. com, beth@flyyellowairtaxi. com 

Christopher Behnam, Respondent 

5061 Knightswood Way 

Granite Bay, CA 95746 

Via: Certified Mail, Return-Receipt Requested