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 and Deceptive Practices and Unfair Methods of

Competition, and Violations of Public Charter Rules

EXPRESS ONE INTERNATIONAL, INC.

Unfair and Deceptive Practices and Unfair Methods of

Competition, and Violations of Public 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 of this proceeding and

settlement negotiations.

The Department has not ruled on the outstanding motions filed by Respondents

and opposed by the Enforcement Office in Ascend Aviation Group, Docket OST-2004-

17486.
2

There have been no further settlement discussions.

Additionally. recent service of process of the 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 to the Enforcement Otlice as "undeliverable." In

March 2013, Mr. Spencer was arrested and cHarged in San Bernardino, California, for

conspiracy to commit a crime, perjury under oath, and preparing 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 he was released on bail for $1 million. However, the

Status Reports are still being returned to the Enforcement 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 that neither the Public Defender's Onice nor any of its

attorneys are able to serve as a point of contact for Mr. Spencer and that they are not

involved in any representation for any other matter. However, the Enforcement Office

obtained another address for Mr. Spencer limn the San Bernardino County District.

Attomey's Oftice and will be using it in order to serve Mr. Spencer with the Status

Reports.

I The People of the State of California 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 of Transportation

Office of Aviation Enforcement and Proceedings

1200 New Jersey Avenue, S.E.

Room 96-429

Washington, D.C.. 20590

TEL: 202-366-9342

FAX: 202-366-7152
4

Docket No. DOT-OST-1995-272

I hereby certify that on this 30th day of August, 2013, a true and correct copy of the

foregoing Status Report was served in the following manner to the following:

Original

U.S. Department of Transportation

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 of Hearings, M-20

U.S. Department of Transportation

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