"William W. Plummer" wrote in message
news:ZmsEb.146587$_M.719680@attbi_s54...
| Has any pilot ever been prosecuted (by the FAA, NTSB, ...) for declaring
an
| emergency when, in some experts opinion, one did not exist? [Reference:
| decending through icing layer while short on fuel]

You are much more likely to face action for declaring an emergency when the
emergency is of your own making. Still, you should not hesitate to declare
an emergency if one arises.