United States v. Harry A. Schafer

Appellant, Harry A. Schafer, appeals from his conviction on ten counts of criminal contempt, 18 U.S.C. § 401 (3), resulting from charges that he violated a consent order dated January 6, 1975, enjoining him from providing transportation of freight over public highways in foreign or interstate commerce without authority from the Interstate Commerce Commission (ICC).

On March 22, 1974, the ICC filed a civil action against appellant d/b/a Golden West Equipment Rentals requesting an order enjoining Schafer from providing transportation for hire without authority from the Commission. Schafer had been in the trucking business for 14 years during which time he had never obtained any authority from the ICC to engage in the trucking business either as Golden West Equipment Rentals, or as Tamarack Enterprises, another of his unincorporated trucking ventures.

On January 6, 1975, after an investigation by the ICC and with advice of counsel, Schafer consented to the following judgment order:

Following the entry of the consent order, Schafer incorporated Golden West Equipment Rentals, Inc. (Golden West) and Tamarack Enterprises, Inc. (Tamarack). The defendant was the president and director…