UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION

OFFICE OF HEARINGS WASHINGTON, DC

TRAVEL GROUP, INC., DtB/AREPUBLIC AIR TRAVEL AND SCOT SPENCER AIRLIFT GROUP, INC. AND RICHARD BERNARD Unauthorized Air Transportation, Unfair andDeceptive Practices and UnfairMethods of Competition, and Violations ofPublic Charter Rules EXPRESS ONE INTERNATIONAL, INC. Unfair andDeceptive Practices and UnfairMethods of Competition, and Violations ofPublic Charter Rules Enforcement Proceeding

STATUS REPORT DOT-OST-1995-272 formerly Docket 49233

The Office ofthe Assistant General Counsel for Aviation Enforcement and Proceedings ("Enforcement Office"), pursuant to Your Honor's March 22,2006, Order staying this proceeding, tiles this report detailing the current status ofthis proceeding and settlement negotiations. The Department has notruled onthe outstanding motions filed by Respondents and opposed by the Enforcement Office inAscend Aviation Group, Docket OST-2004- 17486.2

There have been no further settlement discussions. Additionally. recent service ofprocess ofthe Status Reports to Mr. Scot Spencer at 255 S Leland Norton Way, San Bernardino, California 92408, the address on record for Mr. Spencer. have been returned totheEnforcement Otlice as "undeliverable." In March 2013, Mr. Spencer was arrested and cHargedin San Bernardino, California, for conspiracy to commit acrime, perjury under oath, andpreparing false evidence. I Mr. Spencer was held at San Bernardini) County's West Valley Detention Center from March 27,2013, to April 15,2013, when hewas released onbail for $1 million. However, the Status Reports are still being returned totheEnforcement Office as "undeliverable." The Enforcement Otlice attempted to contact Mr. Spencer through his court appointed defense attorney, Mr. Andrew Moll. By letter dated September 20, 2013, Mr. Moll notified the Department thatneither the Public Defender's Onice nor any ofits attorneys are able to serve as apoint ofcontact forMr. Spencer and that they are not involved in any representation forany other matter. However, the Enforcement Office obtained another address for Mr. Spencer limn the San Bernardino County District. Attomey's Oftice and will beusing itinorder to serve Mr. Spencer with the Status Reports.

I The People of the State ofCalifornia v. Scot Matthew Spencer. No. FSBI301129 (Cal. Crim. Dist. Ct. filed Mar. 22, 2013).Date: September 30,2013 3

Respectfully submitted,

.~.~ 

# ~.~: ..._--=~ Samuel Podberesky
. Assistant General Counsel for Aviation Enforcement and Proceedings
Vinh Q. Nguyen Senior Trial Attorney United States Department ofTransportation Office ofAviation Enforcement and Proceedings 1200New Jersey Avenue, S.E. Room 96-429 Washington, D.C.. 20590 TEL: 202-366-9342 FAX: 202-366-71524 Docket No. DOT-OST-1995-272 Ihereby certify that onthis 30th day ofAugust, 2013, atrue and correct copy ofthe foregoing Status Report was served inthe following manner to the following: Original U.S. Department ofTransportation Docket Operations, M-30 West Building Ground Floor Room W12-140 1200 New Jersey Avenue, S.E. Washington, D.C. 20590 By First Class Mail The Honorable Ronnie A. Yoder Chief Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation Washington, D.C. 20590 TEL: (202) 366-2142 FAX: (202) 366-7536 By First Class Mail Scot Spencer SBD Aircraft Services 255 S Leland Norton Way Sam Bernardino, CA 92408 Scot Spencer 22604 Esplanada Circle Boca Raton, Florida 33433