In an exclusive revelation to The Post, whistleblower disclosures have unveiled a cover-up by the U.S. Customs and Border Protection (CBP) regarding a near-fatal helicopter crash during a 2021 training exercise.
The disclosures also highlight violations at a covert flight school that contributed to the incident.
The CBP's Air and Marine Operations division is accused of abusing its authority and posing "a substantial and specific danger to public safety." The division allegedly allowed the majority of its AS350 light helicopter fleet to operate without crash-resistant fuel tanks and permitted pilots with minimal certifications to fly.
The incident, which occurred on May 12, 2021, involved a CBP pilot in training and an instructor who narrowly escaped death when their helicopter crashed near a flight training center outside Oklahoma City. The crash was initially reported by a local ABC affiliate, but the reasons behind the incident were never disclosed.
The flight school, maintained by the agency, was designed to provide pilots with minimal qualifications the chance to enhance their experience. However, the school's first student was the trainee involved in the helicopter crash, according to an insider familiar with the investigation. The source also revealed that the school's lax safety precautions have led to several other mishaps.
The division's funding, approved by Congress, is tied to the number of flight hours it records. However, these hours should primarily focus on operational duties rather than flight training with instructors.
An internal report following the crash identified the trainee pilot as the "primary causal factor." The pilot had presented an invalid waiver concerning accumulated flight hours before operating the helicopter. However, attempts were made to hide the details of this report.
Robert Blanchard, executive director of CBPs Air and Marine Operations division, allegedly tried to remove critical information about the hiring process and the dangerous fuel tanks from the report's findings. This was due to the potential for a negative public response and increased legal liability, according to whistleblower allegations later confirmed by an internal agency investigation.
Joseph Adams, the division's former director of training, safety, and standards, made the protected disclosures about the alleged cover-up to the Office of Special Counsel. Adams, who retired in October after 15 years in the division, also claimed that CBP higher-ups retaliated against him and threatened to dismiss him following the disclosures.
In June, Special Counsel Henry Kerner referred the whistleblower allegations to Homeland Security Secretary Alejandro Mayorkas, who instructed CBPs Office of Professional Responsibility to investigate the matter.
The investigation confirmed that 81 of 97 light helicopters are operating without crash-resistant fuel tanks. It also confirmed that Blanchard tried to remove this fact and information about the hiring process for new pilots from the division's final mishap report.
Despite this, the Office of Professional Responsibility stated that the helicopter fleet was not in violation of Federal Aviation Administration standards, as the requirement for crash-resistant fuel tanks does not apply to aircraft designed before 1994.
In September, CBP Acting Commissioner Troy Miller responded to the Office of Special Counsel's inquiry about potential disciplinary actions and retrofitting crash-resistant fuel tanks. Miller stated that the report would be forwarded to an internal Discipline Review Board for consideration. However, he also noted that the CBP had decided not to retrofit the current fleet but to retire and replace the fleet lacking crash-resistant fuel tanks.
The letter made no mention of changes to policies surrounding the flight school. Adams also pointed out in a separate letter to the White House that other CBP officials aware of the reasons for the crash had been allowed to retire quietly before any disciplinary action was taken.
The Office of Special Counsel has requested an additional supplemental report on the case from CBP, with a response expected by November 20. The Post has reached out to CBP and the Office of Special Counsel for comment.
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