Amended civil complaint adds “crime-fraud exception” and “trespass to chattels.”
Daniel Sherer, the fisherman, had kept the buoy in his possession for about 16 weeks after the January 15 incident where it came loose and nearly struck his vessel. He demanded that the United States Geological Survey compensate him.
According to Courthouse News Service, the buoy has been returned to authorities, but it is not clear when or how the handover took place.
Last month, federal prosecutors filed an amended civil complaint in US v. Sherer. Prosecutors had asked the court to mandate the return of the buoy and $115,000 in damages. The way the government saw it, Sherer and his fishing business partner were essentially hostage-takers, as they had recovered a loose oceanic science buoy, claimed ownership of it, and demanded the government pay them $13,000 for its return.
Daniel Sherer: “You don’t even know how much stress this has put me under.”
“I have no problem giving it back tomorrow—I have no problem giving it back today,” Sherer said in April 2016. “Just understand that you guys need to compensate us something. We’ve lost in this deal.”
Sherer, his attorney Robert Bartosh, the prosecutors, and the USGS were not immediately available for comment.
UPDATE 11:09pm ET: Katherine Maier of the USGS told Ars: “The mooring equipment was returned to the USGS. The US, through the Department of Justice, requested return of the equipment, and the equipment was thereafter returned voluntarily. The US paid no money for return of the equipment. As a result, the court case was dismissed.”
UPDATE 11:34pm ET: We were finally able to reach Sherer, who said USGS representatives retrieved the buoy from his storage unit in Marina, Calif., and that prosecutors outright refused to pay him any compensation or restitution. “They said we have enough money in our government toolbox to fight you not to pay you—their exact words,” he said.
Source: arstechnica.com
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