View Full Version : US District Court Grants Summary Judgment against K1MAN
From the ARRL Web site news courtesy of the ARRL:
http://www.arrl.org/news/us-district-court-for-maine-issues-order-granting-summary-judgment-against-glenn-baxter-k1man (http://www.arrl.org/news/us-district-court-for-maine-issues-order-granting-summary-judgment-against-glenn-baxter-k1man)
On January 10, the US District Court for Maine issued a ruling in the FCC’s lawsuit to collect monetary forfeitures issued to Glenn Baxter, K1MAN, of Belgrade Lakes, Maine. The FCC had assessed forfeitures in the amount of $21,000 against Baxter (http://forums.hamisland.net/news/us-charges-k1man-with-failure-to-pay-fine) on three asserted violations of the Communications Act of 1934 and its regulations: Failure to respond to an FCC inquiry in violation of Title 47, Section 308 of the US Code (http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000308----000-.html), willful or malicious interference with other radio transmissions in violation of Section 97.101(d) (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=47ae9117aa64a743f2bdfb3db7c32da6&rgn=div8&view=text&node=47:5.0.1.1.6.2.157.1&idno=47), and engaging in communications in which he has a pecuniary interest in violation of Section 97.113(a)(3) (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=47ae9117aa64a743f2bdfb3db7c32da6&rgn=div8&view=text&node=47:5.0.1.1.6.2.157.7&idno=47).
Chief US District Judge John A. Woodcock Jr, in writing for the Court, agreed with the FCC on the first two counts -- willful or repeated failure to respond to FCC requests for information, and willful or malicious interference -- and granted summary judgments to the FCC in the amount of $3000 and $7000, respectively. On the third claim -- communications in which an amateur station licensee or control operator has a pecuniary interest -- the Court declined to grant a summary judgment to the FCC, holding that there were issues of material fact to be litigated in the Court in later proceedings
A PDF containing the entire decision is available on the ARRL web site.
And while it's much too lengthy to quote here... and it's pretty dry... our boy Glenn is in hot water with the judge for not follow the rules (see Section B, "Glenn A. Baxter's Failure to Comply with Local Rule 56" starting on Page 3.) for delaying matters and making the Court work harder.
Oh, and after wading through all 38 pages... it wasn't a total victory for the Government. The FCC did not get a summary judgement on Count III, which had to do with the allegations that Baxter referred people to "subscription services" at a couple of web sites. Simply put, someone at the FCC failed to submit documentation to prove that point, so they don't get it on a 'gimme' from the court.
N1LAF
01-13-2012, 03:50 PM
From what I read, basically the court said the FCC has no case pertaining to "pecuniary interest"
But think of it... if he just answered the FCC when inquired, and was a club station, the FCC would have no case.
From what I read, basically the court said the FCC has no case pertaining to "pecuniary interest"
But think of it... if he just answered the FCC when inquired, and was a club station, the FCC would have no case.Yeah, that was Count III. He is nailed on Counts I & II though... no trial.
It's kinda like the conviction of Al Capone. Did they nail him for murder, conspiracy, robbery, bootlegging, and so forth? No... tax evasion.
So too has fallen K1MAN. They didn't actually nail him for what he allegedly did... although in time they probably could have. They nailed him for not responding to FCC inquiries. And for a very minor transgression... regarding the technicality of a club station employing someone to run bulletins (the "W1AW" rules, ironically enough) because he was using his own station, not a club's. Had he merely gotten a club call for one of his organizations... details, details...
K7SGJ
01-13-2012, 04:25 PM
If you ask me (Iknow, no one did) the thing I don't understand is why the Judge doesn't legally change his name. Huh, Judge Woodcock. Hey Judge, drag your Woodcock over here. Hey man, this is the first Woodcock I've ever seen. So you're a junior Woodcock.....................Bwaaaaaaaaaaaaaaaaaaa aaaaaa
:rofl:
W2NAP
01-13-2012, 04:59 PM
If you ask me (Iknow, no one did) the thing I don't understand is why the Judge doesn't legally change his name. Huh, Judge Woodcock. Hey Judge, drag your Woodcock over here. Hey man, this is the first Woodcock I've ever seen. So you're a junior Woodcock.....................Bwaaaaaaaaaaaaaaaaaaa aaaaaa
:rofl:
lol
kb2vxa
01-13-2012, 05:02 PM
Woodcock is a bird, they tend to poop all over the place including on Glen Bastard. A partial victory is better than none at all, he still has to cough up $10G and since judgment has been rendered there's no reason for the FCC to extend his license any longer.
This is the end
Radio friend
This is the end
My only friend, the end
Of our elaborate plans, the end
Of everything that stands, the end
No safety or surprise, the end
I'll never broadcast... again
n2ize
01-17-2012, 12:22 PM
It won't have any effect on Baxter. As far as Baxter is concerned he is the righteous one and the FCC, nor the courts, nor the judges have any validity whatsoever. He is probably filing felony affidavits against the US district court as we speak. In the deluded minds of radios self-righteous self-appointees they are carrying out a sacred mission. And neither the courts, nor governing bodies have any merit.
It won't have any effect on Baxter. As far as Baxter is concerned he is the righteous one and the FCC, nor the courts, nor the judges have any validity whatsoever. He is probably filing felony affidavits against the US district court as we speak. In the deluded minds of radios self-righteous self-appointees they are carrying out a sacred mission. And neither the courts, nor governing bodies have any merit.With a summary judgement against him, though, Baxter can't stop the Government from seizing assets, value up to $10K, right?
Unless he's a millionaire, $10K is going to hurt.
And Count III wasn't thrown out. There may still be a trial on that count. That's going to cost him lotsa bux.
kb2vxa
01-17-2012, 09:10 PM
He's a millionaire, $10K is chump change. Here's the oddment, in Maine he holds pauper status. Count 3 was deferred because the feds can't get their act together so a trial all depends on whether or not they can connect pecuniary interests to the broadcasts or as Baxter contends, they only referred listeners to his web site where funds were solicited.
Black is black
I want my license back
It's gray, it's gray
The FCC just can't say, Ooh-Ooh
What can they do
'Cause they're feelin' blue
They can't choose
They've too much to lose
My money's too strong
Wow! Maybe if they
give it back to me
Then we can't go wrong
VE7DCW
01-19-2012, 01:52 AM
Now the fun is finally seeing Baxter getting de-licenced once and for all .......... the end of the road is nigh! :yes:
W2NAP
01-19-2012, 12:57 PM
Now the fun is finally seeing Baxter getting de-licenced once and for all .......... the end of the road is nigh! :yes:
1 down couple more to go.
XE1/N5AL
01-19-2012, 06:12 PM
1 down couple more to go.
Yeah, there are still a few more out there who deserve to be "Woodcock'ed".
n2ize
01-20-2012, 05:49 AM
With a summary judgement against him, though, Baxter can't stop the Government from seizing assets, value up to $10K, right?
Unless he's a millionaire, $10K is going to hurt.
And Count III wasn't thrown out. There may still be a trial on that count. That's going to cost him lotsa bux.
Until the government actually physically steps in and starts removing "assets" or seizing any accounts he may hold, or, physically escorts him into a jail he is simply going to ignore all this. Nothing is going to faze him because as far as he is concerned he is 100% right and everyone else is 100% wrong. Just like I heard him say on the air regarding the complaint that he was jamming QSO's by keying up his broadcasts on frequencies that are in use he said, "I am the express train, this (frequency) is my track, I have right of way, and you better clear the tracks of face the consequence". These people don't think rationally. They have visions of grandeur. They believe they are saving the world and that it is their God goiven right to do whatever they feel is nessesary. Government, fines, courts, be damned.
Hey...if they can put Gerritsen away, I think they can do the same to Baxter xD
VE7DCW
02-02-2012, 11:40 PM
Hey...if they can put Gerritsen away, I think they can do the same to Baxter xD
Today I was able to stomach a few minutes to listen to Baxter's crappy distortion signal on 275 ........ these court proceedings could'nt come soon enough
It's a horror show that needs to be put out of it's misery!!! :irked:
ki4itv
02-04-2012, 07:30 AM
As big a Douche as Baxter is, I hardly think any of his silly acts warrant prison or extended jail time.
Being a silly, egotistical blowhard playing hero on the radio, hardly makes one the threat to society that would require our taking over his life.
Garritson, on the other hand, was purposely interfering with public safety communications. A little different in my book.
YMMV
Call me pessimistic but I think Baxter will get his fine reduced to zero or close to it. His license will probably get pulled though.
The FCC will eventually drop the charges as the witnesses die off or they just waste way too much time.
Gerritsen was a different story. He jammed the police. You don't mess with the police. Baxter? He just jammed... pretty much nobody, at least nobody who had a vfo.
kb2vxa
02-07-2012, 11:47 PM
Ug... Gerritsen. What landed him in federal prison in LA was his jamming a USCG SAR operation. You don't mess with the Coast Guard, they're US Military.
Ug... Gerritsen. What landed him in federal prison in LA was his jamming a USCG SAR operation. You don't mess with the Coast Guard, they're US Military.
Ah... I stand corrected. I thought he was jamming the po-lice.
But yeah, jamming the military... he's lucky they didn't send his ass to gitmo!
Call me pessimistic but I think Baxter will get his fine reduced to zero or close to it. His license will probably get pulled though.
The FCC will eventually drop the charges as the witnesses die off or they just waste way too much time.
But will that get him to stop broadcasting?
The current iteration of the FCC's Enforcement Bureau really doesn't seem to be all that motivated to do its job where matters of amateur radio are concerned.
Ug... Gerritsen. What landed him in federal prison in LA was his jamming a USCG SAR operation. You don't mess with the Coast Guard, they're US Military.
And speak of the devil, he's out from prison next week.
But will that get him to stop broadcasting?
The current iteration of the FCC's Enforcement Bureau really doesn't seem to be all that motivated to do its job where matters of amateur radio are concerned.
Probably won't stop him.
n2ize
02-10-2012, 11:04 AM
Call me pessimistic but I think Baxter will get his fine reduced to zero or close to it. His license will probably get pulled though.
The FCC will eventually drop the charges as the witnesses die off or they just waste way too much time.
Gerritsen was a different story. He jammed the police. You don't mess with the police. Baxter? He just jammed... pretty much nobody, at least nobody who had a vfo.
It doesn't matter what they do to Baxter. You have to put yourself into Baxter's deluded mindset. As far as he is concerned he is right and everyone else, including their rules, is wrong. They don't have to reduce or drop the fine, he simply will not pay the fine and keep right on broadcasting and filing felony affidavits against anyone who he feels is jamming him or infringing on his broadcasts. As far as he is concerned he is saving the world and he has every right to do as he pleases and nobody has the right to complain or stop him.
n2ize
02-10-2012, 11:05 AM
Probably won't stop him.
The only time Baxter will stop is if he is put in prison or when he dies of old age.
K7SGJ
02-10-2012, 11:07 AM
It doesn't matter what they do to Baxter. You have to put yourself into Baxter's deluded mindset. As far as he is concerned he is right and everyone else, including their rules, is wrong. They don't have to reduce or drop the fine, he simply will not pay the fine and keep right on broadcasting and filing felony affidavits against anyone who he feels is jamming him or infringing on his broadcasts. As far as he is concerned he is saving the world and he has every right to do as he pleases and nobody has the right to complain or stop him.
That's the last thing I'd want to do. I have enough trouble with reality. :)
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