If you have any doubts, go read this.
[URL unfurl="true"]https://law.justia.com/cases/federal/district-courts/FSupp2/22/667/2420136/[/URL]
Cliff notes regarding the. Now famous list that shows up on the internet that Six Shooter found.
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Two of these documents are especially telling. In Defendant's Exhibit I, there is an e-mail from Lawrence Brock (an FCC employee stationed in Dallas, Texas) to another FCC employee dated June 7, 1996. The document says in pertinent part:
(Def.'s Ex. I.) This document is susceptible to the interpretation that FCC engineers at the time of the message believed that it was arguable whether regulatory violators who had imported open radios had knowingly violated the law.
Another telling document is Defendant's Exhibit L an e-mail written from FCC employee Gary Hendrickson to Julius Knapp (another FCC employee) and apparently referencing the "Motion to Dismiss" filed by Defendants in this case. The e-mail reads in part as follows:
(Def.'s Ex. L.) This document is susceptible to the interpretation that FCC engineers believed at the time of this message that the radios imported by Ranger were not legally distinguishable from modifiable radios, which radios, arguably, were not prohibited by law at the time of the criminal conduct at issue. It would have, thus, provided the Defendant an argument both that the radios imported were not "prohibited by law" and that the regulations in place did not provide adequate notice to importers that the radios were so prohibited.
These materials were not produced to the Defendant by the United States of America prior to March 30, 1998. Presuming receipt of these documents by mail took three days, see Fed. R.Crim. Proc. 45(e), the Defendant *673 received these documents on April 2, 1998. After taking some time to examine these documents, Defendant's attorney signed his Motion for Attorney Fees on June 4, 1998 and filed the same with the Court on June 11, 1998. Defendant's Motion for Attorney Fees requests attorney fees and costs in the amount of $404,737.01.
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The basic takeaway is that the FCC screwed the pooch on the entire case.
This is fact, not internet bullshit.
73
Jeff
