United States of America v. One TE Systems RF Power Amplifier et al
Filing
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CONSENT JUDGMENT OF FORFEITURE by Judge Gary A. Feess. (bp)
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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
KATHARINE SCHONBACHLER
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 222875
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-3172
Facsimile: (213) 894-7177
E-mail: Katie.Schonbachler@usdoj.gov
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Attorneys for Plaintiff
United States of America
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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UNITED STATES OF AMERICA,
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Plaintiff,
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vs.
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ONE TE SYSTEMS RF POWER
AMPLIFIER, ET AL.,
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Defendants.
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JACK GERRITSEN,
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Claimant.
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) NO. CV 05-4896 GAF (JWJx)
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) CONSENT JUDGMENT OF FORFEITURE
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This action was filed on July 5, 2005.
and published in accordance with law.
Notice was given
Jack Gerritsen, who is
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pro se (“claimant”), filed a statement of interest and verified
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answer on September 21, 2005.
No other statements of interest
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or answers have been filed, and the time for filing such
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statements and answers has expired.
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This matter has been stayed
by the court since December 6, 2005. Plaintiff and claimant have
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reached an agreement that is dispositive of the action.
The
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parties hereby request that the Court enter this Consent
Judgment of Forfeiture.
The parties have agreed to settle this forfeiture action
and to avoid further litigation.
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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
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1.
subject matter of this action.
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This court has jurisdiction over the parties and the
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Notice of this action has been given in accordance
with law. All potential claimants to the defendants
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One TE Systems RF Power Amplifier, One Kenwood TM22
G707A Dual Bander Radio, serial number 60100221, One
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Yeasu FT-3000M Transceiver, One VHF Antenna, including
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coaxial cable, and One Diamond X5A UHF Antenna
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(collectively referred to hereafter as “the defendant
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equipment") other than claimant are deemed to have
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admitted the allegations of the Complaint.
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The
allegations set out in the Complaint are sufficient to
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establish a basis for forfeiture.
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3.
In the related criminal case, United States v. Jack
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Gerritsen, Case No. CR 05-466 RGK, claimant was
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convicted of violations of 18 U.S.C. § 1362 (malicious
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interference with radio system operated or controlled
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by the United States), 47 U.S.C. §§ 333 and 561
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(willful and malicious interference with radio
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communications), and 47 U.S.C. §§ 301 and 501
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(transmitting radio signals without a license).
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Judgment and Probation/Commitment Order in that matter
The
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included the condition that claimant shall not own,
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possess, or use any radio equipment from which
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broadcasts can be made by the claimant.
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4.
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The United States of America agrees that claimant may
designate one individual to whom the United States of
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America shall release the defendant equipment.
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Claimant agrees that he will not thereafter own,
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possess or use the defendant equipment at anytime.
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Following entry of this Judgment, claimant shall
provide the United States of America with written
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confirmation that the designated individual has
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received a copy of the Judgment and provide the
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designated individual’s name, signature, address and
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telephone number.
Within thirty (30) days of receipt
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of claimant’s written confirmation, the United States
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of America shall release the defendant equipment to
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the designated individual.
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Claimant understands that
if he is found to be in possession of, or is found to
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have used the defendant equipment, said equipment
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shall be forfeited to the United States of America
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without further Order of the Court.
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6.
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Claimant hereby releases the United States of America,
it agencies, agents, and officers, including employees
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and agents of the Federal Communications Commission,
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from any and all claims, actions or liabilities
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arising out of or related to this action, including,
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without limitation, any claim for attorney’s fees,
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costs or interest which may be asserted on behalf of
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the claimant.
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7.
Plaintiff United States of America agrees that it will
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not seek to recover civil sanctions, attorney’s fees
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or costs in connection with this action or the
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underlying seizure.
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8.
The Court finds that there was reasonable cause for
the seizure of the defendant equipment and institution
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of these proceedings. This judgment shall be construed
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as a certificate of reasonable cause pursuant to 28
U.S.C. § 2465.
Dated: May 16, 2012
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THE HONORABLE GARY A. FEESS
UNITED STATES DISTRICT JUDGE
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Approved as to form and content:
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DATED: May 15, 2012
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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
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/s/
KATHARINE SCHONBACHLER
Assistant United States Attorney
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Attorneys for Plaintiff
United States of America
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DATED: April 22, 2012
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/s/
JACK GERRITSEN
Pro Se Claimant
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