No, I’m interpreting what TapJets said in their response. I’m sure the FAA has some solid evidence and they get to make and interpret the rules. But here’s what we have as public knowledge.
FAA: You flew flights with unqualified pilots and with private ratings.
TapJets: All our flights were legal under FAR Part 91.501.
They didn’t dispute that the flights happened, and they didn’t dispute that they had passengers. They didn’t claim that the pilots did have commercial ratings. Thus, they must be claiming that they viewed the flights as non-commercial.
FAA: You flew flights with unqualified pilots and with private ratings.
TapJets: All our flights were legal under FAR Part 91.501.
They didn’t dispute that the flights happened, and they didn’t dispute that they had passengers. They didn’t claim that the pilots did have commercial ratings. Thus, they must be claiming that they viewed the flights as non-commercial.