ELPASSO
04-13-2007, 01:34 PM
Harrison man guilty of stealing TV satellite signals
By Liz Hayes and Chuck Biedka
VALLEY NEWS DISPATCH
Friday, April 13, 2007
A federal jury has ruled a Harrison man was guilty of illegally accessing satellite television programming without paying for it.
DirecTV sued Bruce Figler, 58, a Highlands School Board member, in federal civil court, alleging Figler used unauthorized devices to intercept the company's satellite signals for more than a year.
The jury reached a verdict late Wednesday afternoon and found Figler guilty on all four charges, including receiving unauthorized encrypted satellite transmissions and assembling a device known to intercept those transmissions.
The charges are a range of violations of the Federal Communications Act, federal Electronic Communications Privacy Act and state law, according to court documents.
U.S. District Judge Gary Lancaster will decide the amount of monetary damages Figler owes DirecTV. A date for that decision wasn't set.
According to court documents, Figler could face a maximum penalty of more than $300,000. The minimum amount would be about $40,000.
"The damages are pretty heavy here," said DirecTV attorney Peter V. Marcoline Jr. of Pittsburgh.
Figler is not facing criminal charges or prison time.
Marcoline said DirecTV also is entitled to recoup its legal fees from Figler. In addition to Marcoline, DirecTV hired a legal specialist from Texas.
Figler's attorney, John W. Gibson of Pittsburgh, said it's unclear if Figler will appeal.
Phone numbers for Figler included in court documents were disconnected and a message left with a fellow Highlands School Board member for Figler was not returned.
"This will be devastating to Mr. Figler no matter which way you look at it," Gibson said.
He said Figler, who is unemployed, may need to file for bankruptcy.
Gibson said Figler and his wife own a house. If Figler files for bankruptcy, he would seek to have the house excluded from a settlement, Gibson said.
However, DirecTV is likely to oppose that action, Gibson said.
DirecTV's case centered around a device called an unlooper that Figler purchased for about $200 from a Web site in 2000. An unlooper allows a disabled DirecTV access card to be used.
In court documents, Figler claimed he instead received a $75 reader/writer, another device used to program DirecTV access cards. Figler said he already owned a reader/writer but was unsuccessful in returning the second device to the Internet company, WhiteViper.com.
Figler said he tried to purchase the unlooper for an invention he was building for a college course.
According to court documents, Figler possessed one unlooper and two reader/writers, all of which DirecTV believes he or family members used to receive free television programming at a Harrison Avenue house Figler then owned.
Although a DirecTV investigator in 2006 found the equipment at the house after it was sold by Figler, the company has no record of a legitimate account for that address, according to court papers.
DirecTV has filed thousands of theft lawsuits in the past six years after California companies selling piracy technology were raided. DirecTV used billing information from those companies to track people suspected of stealing satellite signals.
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By Liz Hayes and Chuck Biedka
VALLEY NEWS DISPATCH
Friday, April 13, 2007
A federal jury has ruled a Harrison man was guilty of illegally accessing satellite television programming without paying for it.
DirecTV sued Bruce Figler, 58, a Highlands School Board member, in federal civil court, alleging Figler used unauthorized devices to intercept the company's satellite signals for more than a year.
The jury reached a verdict late Wednesday afternoon and found Figler guilty on all four charges, including receiving unauthorized encrypted satellite transmissions and assembling a device known to intercept those transmissions.
The charges are a range of violations of the Federal Communications Act, federal Electronic Communications Privacy Act and state law, according to court documents.
U.S. District Judge Gary Lancaster will decide the amount of monetary damages Figler owes DirecTV. A date for that decision wasn't set.
According to court documents, Figler could face a maximum penalty of more than $300,000. The minimum amount would be about $40,000.
"The damages are pretty heavy here," said DirecTV attorney Peter V. Marcoline Jr. of Pittsburgh.
Figler is not facing criminal charges or prison time.
Marcoline said DirecTV also is entitled to recoup its legal fees from Figler. In addition to Marcoline, DirecTV hired a legal specialist from Texas.
Figler's attorney, John W. Gibson of Pittsburgh, said it's unclear if Figler will appeal.
Phone numbers for Figler included in court documents were disconnected and a message left with a fellow Highlands School Board member for Figler was not returned.
"This will be devastating to Mr. Figler no matter which way you look at it," Gibson said.
He said Figler, who is unemployed, may need to file for bankruptcy.
Gibson said Figler and his wife own a house. If Figler files for bankruptcy, he would seek to have the house excluded from a settlement, Gibson said.
However, DirecTV is likely to oppose that action, Gibson said.
DirecTV's case centered around a device called an unlooper that Figler purchased for about $200 from a Web site in 2000. An unlooper allows a disabled DirecTV access card to be used.
In court documents, Figler claimed he instead received a $75 reader/writer, another device used to program DirecTV access cards. Figler said he already owned a reader/writer but was unsuccessful in returning the second device to the Internet company, WhiteViper.com.
Figler said he tried to purchase the unlooper for an invention he was building for a college course.
According to court documents, Figler possessed one unlooper and two reader/writers, all of which DirecTV believes he or family members used to receive free television programming at a Harrison Avenue house Figler then owned.
Although a DirecTV investigator in 2006 found the equipment at the house after it was sold by Figler, the company has no record of a legitimate account for that address, according to court papers.
DirecTV has filed thousands of theft lawsuits in the past six years after California companies selling piracy technology were raided. DirecTV used billing information from those companies to track people suspected of stealing satellite signals.
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