United States v. Ronald D. Chick

Ronald Chick interloeutorily appeals the district court’s denial of a motion to dismiss his criminal prosecution on the basis of double jeopardy. Chick is charged with one count of conspiring to sell illegally modified satellite descramblers in violation of 18 U.S.C. § 371 and § 2512(l)(b), and seventeen counts of selling descramblers in violation of 18 U.S.C. § 2512 (l)(b). Chick contends the criminal charges should be dismissed because he has already been subjected to punishment for the same offenses through a civil forfeiture action under 18 U.S.C. § 2513 , which ultimately resulted in the entry of a consent judgment. We have jurisdiction over this interlocutory appeal, and we affirm.

I. FACTS AND PRIOR PROCEEDINGS

Based on an FBI agent’s affidavit alleging that Chick illegally modified and sold television “descrambler modules,” which allowed users to receive cable and satellite television channels without payment, a magistrate issued warrants to search Chick’s house and storage locker. The warrants were executed on April 1, 1993, and a vast array of items were seized, including more than fifty de-scramblers.

On November 19, 1993, the Government filed a civil complaint…