Pilot Accused of Lying Has Charge Dropped

A pilot for United Airlines and the National Guard has been cleared of a charge that he lied on a security clearance application in a case that began when a female acquaintance allegedly reported that he had talked about crashing a plane into Wall Street.

Maj. Robert Feneziani, 44, of San Diego was arrested last week by FBI agents and pleaded not guilty to the charge of making false statements on a Defense Department form.

Feneziani’s lawyer said the government agreed to drop the charge Wednesday after determining Feneziani’s application had been accurate.

“What we wish is that they would have investigated before they arrested him,” lawyer Mark Mahoney said.

Feneziani was not charged in connection with the alleged threat to Wall Street. Mahoney said the pilot denied ever making such a statement.

“We cannot fathom the reason or motivation for including this career-stopping allegation in the charges to begin with,” Mahoney said.

Federal prosecutors could not be reached late Wednesday to respond.

An FBI agent’s affidavit attributed the claim to an acquaintance whose identity was kept secret. The affidavit said the woman called the FBI on Feb. 2 and “recalled that in late 2003 the defendant threatened to crash his plane into Wall Street because he was frustrated that some people made easy money.”

The FBI then investigated the pilot and concluded that he had lied on the Defense Department form when he said he had not been arrested or involved in civil court actions in the last seven years.

Feneziani had been detained in 2000 in San Diego but not arrested, Mahoney said. And although his wife had filed a request for a restraining order, no order was entered, and Feneziani was never served with papers or made aware of the filing.

United Airlines removed Feneziani from flying status after his arrest pending the outcome of the case.

“As soon as we are notified officially that charges have been dropped, we will take the appropriate action,” airline spokesman Jeff Green said late Wednesday.

Feneziani, through his lawyer, declined to comment.

He is assigned to the New York Air National Guard’s 107th Air Refueling Wing in Niagara Falls.