Heck, you don't even know if his Mode C was correct.

On 2 occassions , in that same general vicinity, my Mode C was showing the
wrong altitude by about 6,000 feet! Why? Transponder problem? I guess so,
but it only happened one other time in one other place and hasn't happened
again.

"Steven P. McNicoll" wrote in message
k.net...

We don't know that the VFR guy was in IMC, we don't know that he broke any
rules.