Re' FAA's reported enforcement action -- I don't know how this will turnout, but there was a recent award of $$$$$ after FAA was ordered to pay after their quick mistakes in a case, from headline of 2Sep09:
"... FAA Ordered to Pay More Than $120,000 for Attorney Fees and Expenses..."
The too-quick enforcement action (?or alleged?) from FAA is challenged by their own AC120-66:
AC No: 120-66B
Subject: AVIATION SAFETY ACTION PROGRAM (ASAP)
... [from paragraph 10 ...]
10.
GUIDELINES FOR EXCLUDING REPORTS
FROM ASAP.
a. Exclusion. The following types of reports are excluded under an ASAP:
Page 8 Par 9 11/15/02 AC 120-66B (1) Reports involving an apparent violation that is not inadvertent or that appears to involve an intentional disregard for safety.
(2) Reports that appear to involve possible criminal activity, substance abuse ...
11.
ENFORCEMENT POLICY.
a. FAA Investigation of Events Involving Possible Noncompliance ... FAA is responsible for the proper investigation and disposition of all suspected cases of noncompliance ... FAA establishes investigative and enforcement jurisdiction and responsibility regarding events reported to the ASAP ERC....
c. Reports Excluded From ASAP.
(1) Reported events that are excluded from ASAP will be referred to the FAA for possible enforcement action ... FAA Order 2150.3A.
(2) ... events ... criminal activity, substance abuse, controlled substances, alcohol, or intentional falsification will be referred to an appropriate FAA office ... for any enforcement purposes, and ... to law enforcement agencies, if appropriate. If upon completion of subsequent investigation it is determined that the event did not involve any of the aforementioned activities, then the report will be referred back to the ERC for a determination of acceptability under ASAP. Such reports will be accepted under ASAP ...
(3) Neither the written ASAP report nor the content of the written ASAP report will be used to initiate or support company discipline or as evidence for any purpose in a FAA enforcement action except as provided for in 11c(2).