Dead right Joe. Don't know about the FAA in the U.S., but here in the UK the CAA would be looking very closely at this chap, and, at best, he (or she) would get a severe reprimand from the Flying Club CFI or Aiport Manager, depending on situation. There would most likely be civil charges too, possibly criminal charges (endangering life etc), and the licence might even be revoked. Unless there were circumstances beyond his control, eg malfunctioning fuel gauge [although he should have 'dipped' the tank(s)], or a leak, his fuel state should have been taken into account for Flight Planning and weight and balance checks.