VIA FAX/US MAIL

The Honorable Joan A. Lenard
United States District Court for the Southern District of Florida
Federal Courthouse Square
301 N. Miami Ave, 7th FL
Miami, Florida 33128

Re: Fine Air 101/Arrow Air Fines/Penalties/Restitution/Court Sentencing

Dear Judge Lenard:

My name is Audrey Ulozas, and I am once again being victimized after almost six years. My son Steven Petrosky, was the Co-Pilot who was killed in the crash of Fine Air 101. I am writing about the Penalties imposed on Fine Air of $3.5 million dollars as part of the plea bargain and sentencing of June 20th, 2000. I was recently advised that Fine/Arrow Air have only paid $750,000 so far of the $3.5 million. Arrow Air subsequently purchased Fine Air and assumed the responsibility for the penalties as part of their purchase agreement. The U.S. District Attorney in Miami has informed me that Arrow Air would like to have $750,000.00 of the penalty forgiven.

Legally, I should have legal standing in the case, as the families were the victims of a crime.

Once again I am reminding Your Honor that the family’s rights to restitution were wrongfully taken away without our knowledge as part of the plea bargain in March of 2000. We were notified of the plea bargaining in June 2000, right before sentencing.

I want to go on record that I am:

• OPPOSED to any extension of payments, fines or restitution--this was part of the purchase of this airline and the court plea bargain.
• OPPOSED to any modifications of the oversight procedures, except to strengthen the oversight.
• OPPOSED to any waiver of fines or restitution.
• If anything, 9/11 should have changed things and made oversight stricter for compliance of safety and security issues.

Please remember that family members, the victims, formally requested fines and restitution be paid to the National Air Disaster Foundation, (NADF) a 501 (c)3 representing family members from over 100 aviation disasters, including air cargo crashes. (See enclosed documents filed with the court). The National Air Disaster Foundation (NADF) is dedicated to safety, security, survivability and support for victims’ families, and the finest organization to advocate and educate for air cargo safety and security. NADF is also a member organization of the FAA Aviation Rule-making Advisory Committee, and the only voice for the traveling public at this level of decision making. I am once again requesting that all remaining fines and restitution be paid to the National Air Disaster Foundation.

Several things have occurred since the crash which makes me believe business is as usual:

1. I never received an audit or final audit from Fine Air.
2. Fine/Arrow Air did not comply with the court ordered sentencing for disclosure of financial and safety audits.
3. We did not receive the first audit until family members started calling. We only received one accounting report. The court order does not require us to call, and we are still waiting for the last two audits, which have also been requested.
4. Congress last year had closed hearings on the security of the air cargo industry. There are serious concerns today for security and safety of the air cargo industry.
5. The core of Fine/Arrow Air is still the same antiquated planes that were used at the time of the crash almost six years ago.
6. I was extremely upset and victimized again when I read Frank Fine’s obituary in the Herald, as Susan Gilbert quoted “not only did he lose a lot in the sense of the reputation of the company that he had built, but he lost members of his family”. My son Steven Petrosky was NOT a member of Fine’s family. I have been trying to get in touch with Susan Gilbert to have a retraction printed. To no avail.
7. The FAA inspectors have a history of inadequate inspections and worse.
8. If the FAA had inspected Fine Air and followed up on crew members complaints we would not have had this crash. How am I to believe them now? In light of the two air cargo crashes of the past month, with two in one day from the same company-- where was the FAA?
9. Fine/Arrow Air has not updated their information in the World Aviation Directory, and is still listed as Fine Air Services, Inc.
10. No documents have been provided to support verbal claims that Fine/Arrow Air is “better.”

I believe that allowing Fine/Arrow Air to avoid paying court-imposed penalties will send a message to the industry that crime pays and time forgives all sins.

Arrow Air assumed the penalties in order to purchase Fine Air. For all of the reasons I have stated, I believe that Fine/Arrow Air must pay the fines in full that were imposed by the court, so that the industry sees continuity in enforcement of court imposed penalties for criminal negligence. Especially when it results in loss of life.

It appears that Fine/Arrow has only paid $750,000 of the $3.5 million dollar fine. I and others are opposed to the court foregiving any penalties. We still believe the fines and penalties could serve a positive purpose towards preventing these disasters in the future as a donation to the National Air Disaster Foundation.

I am requesting a meeting with you to discuss this request by Fine/Arrow Air. It is very necessary that I meet with you.

Very truly yours,

Audrey Ulozas
105 Rock Oak Lane
Greentown, PA 18426
(570)857-9293

cc: Peter Outerbridge
Enclosures by Mail