His father, W.B. Schoenbohm, was the founder of Courage Center in Minneapolis. Herb was a major force in pushing for the initiation of the Handi-Ham program, which is now widely recognized as the premier service organization for disabled radio amateurs. After college, Herb worked as a international sales representative for Gates Radio, Harris Corp, and Collins Radio. He sold and distributed broadcast equipment to the international market, primarily Latin America. In 1968, he moved to the U.S. Virgin Islands with the intent of better serving his customers. His wife Monika was, at that time. a service representative for Pan American Airways.
KV4FZ was very active in DX work and, as a
frequent traveler, put many new countries on 160
meters. He was instrumental in getting Stew Perry,
W1BB, the necessary countries to be the first ham
ever to get DXCC on 160 meters. He also gave
G3IOR the last country he need (VP2EFZ, Anguilla)
for the first ever DXCC via satellite (Oscar 7)
OH HERBIE, WHAT WILL WE EVER DO WITHOUT YOU!!!
During the 1970’s, KV4FZ was able to set CQ
World Wide records 160 -10 in almost ever
category except 40 meters. He was also very
active in supporting the IARU Intruder Watch after
encountering frequent yachts in the area that had
acquired licenses of convenience for a fee. At that
time, FCC Commissioner Margita White appointed
KV4FZ as the Virgin Islands SECC. The SECC has
responsibility to plan and manage the operation of
radio communications resources during island
emergencies. Herb fulfilled that role magnificently
and was named a Virgin Island "Hero" after
Hurricane Hugo destroyed most of St. Croix in
1989. Herb received this award for keeping vital
communications circuits open during the crisis.)
OK MAGNIFICENT HERO (YOUR WORDS) WHY DIDN'T YOU HAVE ALL THESE AWARD IN WASHINGTON WITH YOU WHEN YOU WENT THERE TO SAVE YOUR LICENSE??
Herb also took a detailed interest how most of
these "pirates" has a close association with the so-
called "service nets" on the top end of 20 meters.
He joined the net and attended several of the
hamfest functions. Only then did he learn how
deliberate and sordid was the manner in which net
members misused the amateur spectrum as a
means to provide an international telephone toll
by-pass service. One of the most flagrant of all
these operations was the "INTERCON" network
operating, for the most part, on 14.313 MHz. Herb
began detailed monitoring of their operation and
intercepted many communications that were
appalling to say the least.
FLAGRANT!! APPALLING!! YOU WERE JUST MAD BECAUSE YOU WERE NOT ALLOWED TO TO BE ON THE NET. ATTACKING PHONE PATCHES WHICH WERE VERY LEGAL DID NOT CUT THE CAKE.
YOUR BUDDY WA2EXQ, LLOYD MONTCOLM WROTE SO MANY LETTERS TO HIS CONGRESSMAN,SENATOR, GOVENOR, ARRL AND TO TOP IT OFF HE PUT AN AD IN THE FOR ANYONE WHO WANTED FREE PHONE CALLS TO CONTACT THE FCC OR ANY RADIO AMATEUR... HOW SICK CAN YOU GET?
In 1979, KV4FZ listening to what appeared to be a
"business connection" between WB6MID/8R1 in
Jonestown, Guyana and WB6MID in Ukia,
California. Herb broke in and informed the net
personnel that this type of operation on an
amateur frequency was illegal. Furthermore, Herb
stated that their communication constituted
international business communications related to
funds transfers and the procurement of equipment
and supplies. The net hierarchy reacted by
excoriating him for his "embarrassing comments"
and ignoring the violations. The net bluntly told
him that the Jonestown Operation was a
missionary group and that they had special
permission from the Carter administration to use
ham radio to further their "worthy cause". Herb
persisted with his concern and was quickly
declared ‘PERSONNA NON GRATA" by Robert
Sternberg, AA4EE, a tax attorney who claimed to
be the nets legal advisor. Herb expressed his
concerns to other net operators participating in
the companion "Maritime Mobile Net" such as Dick
Eastman, N5FX and Mike Galego, KA4MUJ. Several
Maritime Net members agreed that some of the
more criminal practices, such as one ringers and
"maintenance charges" for providing long distance
toll free connections practically anywhere in the
world, must be curtailed.
OK NOW LETS HEAR ABOUT THE TRUTH OF THE JIM JONES AFFAIR. WERE THEY ON 14313
SURE THEY WERE. THEY WOULD HAVE TRIED ANYTHING AND THEY DID. WHEN KV4IJ (SK)AND OTHERS LEARNED OF THEIR ILLEGAL ACTIVITIES THEY WERE IMMEDIATLY TOLD TO GET OFF THE AIR.. WHAT THEY WERE DOING WAS ILLEGAL. GUESS WHAT THEY DID! THEY WENT TO 15 METERS. THERE IS ABSOLUTELY NOTHING IN THE BOOKS THAT WERE WRITTEN OR IN THE ARCHIVES THAT CONNECTS THEM WITH THE INTERCONTINENTAL TRAFFIC NET.WHERE DO YOU GET YOUR INFO FROM? I HAVE SEEN NOTHING IN PRINT YET.
Some of the net cabal hierarchy rebuffed all
attempts to institute reform and a nasty power
struggle ensued. Eastman and Galego where
"ex-communicated" by Ruth Hoffman N4LMC,
Eddie Ricca K4PT and Art Candell N4PCK. The
latter began a propaganda campaign, replete with
false stories and personal attacks, that promised
to destroy any net opposition that sought reform.
The net members objected to the lively
participation of KV4FZ, KA4MUJ, and N5FX (a
former net director) who frequently brought to
the attention of net participants certain stations
whose conduct violated the FCC and International
Rules.
During the 1980’s, net members began a campaign
of coordinated complaints to the FCC claiming
that the aforementioned three were causing willful
and malicious interference to the net. N5FX and
KV4FZ both received prefabricated FCC citations
at the behest of the net command. Both were able
to get the FCC to nullify their actions based on the
fact that their constructive comments did not
constitute "malicious interference" and that
certain members of the net themselves were
engaged in a premeditated campaign of
harassment and interference.
Several members of the net were subsequently
caught interfering with the communications of
KV4FZ and KA4MUJ. They include K2BFI and
AA5LY. AA5LY later gave the FCC, and supporters
of KV4FZ and KA4MUJ, a complete and accurate
accounting of the plot by disgruntled net members
to "settle the score". That plan included a vigorous
campaign of letter writing to politicians in
Washington in an attempt to pressure them into
punishing the net detractors.N4PCK had his own reason to get even. He had
known Herb while he was operating in Haiti as
HH2A and was very active on the INTERCON net.
Herb had learned, through his contacts in Haiti,
that Candell had a serious problem. He would
solicit young pre-teen boys and pay them a
quarter to perform sex acts on him. A prominent
Haitian administrator was told, by his son, that the
young boy had been abused and sodemized by
Candell. There was no arrest or trial. But the arrival
of the outraged local citizenry at Candell’s hillside
villa dictated that Candell receive an armed escort
to the airport. Candell then appeared in the
Orlando, Fl area, illegally using the call HH2A/W4
and actively engaging in net activities. The net
watchdogs, now known as the B.A.R.F. (The Better
Amateur Radio Federation), pointed out that
Candell was not eligible to use a Haitian call sign in
the United States unless he was a Haitian citizen
and had been granted a proper permit from the
FCC.
Again the net members supported Candell and
sought to silence Herb. However, the FCC ruled
that Candell could no longer operate from Florida
unless he obtained a valid U.S. amateur radio
license. Candell later paid off a VEC in Silver
Springs, Fl to fraudulently give him a passing grade
on a General Class license examination. The VEC
was later sanctioned but Candell was neither
removed from the air nor required to be
re-examined. In 1989 Candell was finally arrested
and convicted of multiple incidents of child
molestation. He was given a suspended sentence
that was partially based upon INTERCON’s
assertion that he had been rehabilitated by
amateur radio service in their net. (Candell was
arrested and convicted again in 1994 for carnal
assault on several boys between 8 and 10 years of
age whom he had invited into home under the
pretense of showing them his ham station. He has
been institutionalized for several years but his ham
license was, nonetheless, renewed in 1996 for
another ten years.)
In 1990, Candell continued with his plot to destroy
and discredit KV4FZ in retaliation for Herb’s
alleged "interference" with the net’s "business".
Candell actively leagued with other enemies of
KV4FZ such as Pat Miller, KP2J in St. Thomas, and
Richard Whiten, WB2OTK. Miller supplied Whiten
the so-called "proof" of a crime by playing a
recorded tape on both 20 and 75 meters. Miller
introduced Candell to the operator of a long
distance resale service that KV4FZ briefly
subscribed to in 1987. Some of the users of the
CALLS (Caribbean Automated Long Line Service)
system (a six digit access code system on which
half the possible combinations of digits gained the
caller access to a WATTS line) had been illegally
abusing the CALLS scheme. Malcolm Ford had
claimed losses to the tune of $200,000 and
needed a scapegoat. Thereupon, it was decided
that a criminal case should be manufactured
against Herb, KV4FZ.
Ford needed this falsification to support his
ludicrous claim that the impending bankruptcy of
CALLS was not due to his inept management.
Instead, it proffered that somehow Herb had
caused his business to fail. This was vital to Ford
because he was still salaried as the GM of CALLS
even though they were in receivership. Ford’s
efforts failed and he was physically removed from
the operation after the Federal Bankruptcy judge
found him raiding the treasury and assets of
CALLS.
However, all during this time, Ford was fabricating
evidence in an attempt to establish a connection
between CALLS financial failure and KV4FZ. Yet
the Department of Justice continually refused to
prosecute Herb. This resulted in even more
acrimonious letters to officials and politicians in a
further attempt to implicate Herb as the culprit.
Malcolm Ford, the previous owner of CALLS, was
then under investigation for bankruptcy fraud. In
an attempt to escape indictment, Ford hired John
Ackley, KP2A, to fabricate various reports that
would designate Vitelco(a local phone service),
STSJ Long Lines, ITT and Herb as coconspirators
who were attempting run him out of business.
While this was going on, Ackley was attempting to
buy the nearly defunct company for ten cents on
the dollar. (Ackley failed but STSJ was able to get
the company back on its feet.)
Miller, Hoffman, Candell and others intensified
their letter writing campaign to hundreds of
politicians in Washington urging them to
investigate. They even began writing letters to
newspapers, claiming that politicians were
shielding KV4FZ from prosecution. In these hate
letters to public officials, Herb was equated with
organized crime, drug trafficking, and high level
political corruption. In 1991, KV4FZ was writing a
hard-hitting column for the St. Croix Avis
newspaper. Herb frequently attacked political
corruption so it stood to reason that he might
have some enemies in government. Herb had
articles published about the check kiting and
House Banking fraud perpetrated by the Virgin
Island Delegate to Congress, Ron Delugo.
Outraged and distraught, Delugo (who had
designs upon becoming the next governor of the
Virgin Islands) assigned a full time staff attorney
(Sylvester Julian) to explore methods of pressuring
the FCC, the Secret Service, and the Department
of Justice into investigating Herb and "putting a
‘severe hurting’ on him".
However an obstacle remained in the path of their
plan to annihilate KV4FZ. Some at the FCC
supported Herbs activities on behalf of the
amateur radio service. Additionally he was elected
as Vice Chairman of the Virgin Islands Republican
Committee, which made him a frequent delegate
to the GOP Conventions. Furthermore, Herb was
personally acquainted with President Bush. Herb’s
father had served on the President’s Commission
for the Handicapped.
Initially, each and every involved agency claimed
there was not enough evidence to support a
charge against Herb. Subsequent to this, John
Ackley, KP2A, manufactured a list of 660
telephone calls that were prearranged to add up
to $1,047 in value. This was exactly forty-seven
dollars over the amount needed to achieve the
threshold of prosecution. Delugo wrote
threatening letters to various government
agencies threatening that he would see to it that
their funding was severely curtailed if he did not
receive figuratively receive Herb’s head on a silver
platter.
Ruth Hoffman constantly badgered the acting U.S.
Attorney for the Virgin Islands, Terri Halpern. This
continued to the point that Hoffman was finally
ordered to stop harassing Halpern. However, as a
Congressman to the VI, Delugo was in a position
convince colleagues not to block Halpern’s
confirmation. Delugo reportedly told Halpirn that,
unless she prosecuted Herb Schoenbohm, she
would never become U.S. Attorney. (Halprin was
fired in 1992 by the DOJ for ethical lapses after the
Office of Professional Responsibility investigated
the severe criticism, from the 3rd Circuit Court of
Appeals, that Halpern received for the "knowing
use of false evidence" to secure a conviction.
Nevertheless, the trial prosecutor was cleared by
OPR because they were unable to prove that the
prosecutor actually knew the evidence used was
false.)
Herb’s trial took place in April 1991 (four months
past the five-year statute of limitations). Both
Ackley and Miller testified, under oath, as to the
veracity and accuracy of the incriminating
evidence they had assisted in concocting. (Miller
offered his so-called "caught in the act" tape of
Herb dialing "illegal access codes". Ackley
presented his list of random numbers that he
verified, as a government expert witness, were all
telephone numbers dialed by defendant
Schoenbohm.
The puzzled and confused jury convicted Herb on
all three counts of Title 18, SS 1029(a): 1,2 and 3,
which is, in reality, an illegal credit card statute.
This statute has been used infrequently to curb the
illegal use of cloned cellular telephones. After trial,
Schoenbohm with the help of Bob Sheron, W4ASX,
closely scrutinized the evidence and began
tracking down the parties that Ackley had claimed,
under oath, that Herb had illegally called. A most
amazing discovery unfolded: most of the persons
contacted did not know Herb Schoenbohm or had
never had a telephone conversation with him.
Amazingly, they had already given statements
confirming this fact to the Secret Service
investigators. Most had even identified persons,
other than Schoenbohm, whom had called them
from the Virgin Islands during the timeframe in
question (1987). Interestingly, the court refused to
allow Schoenbohm to verify the numbers before
trial. The court incredibly claimed that it needed
to protect the potential witnesses from pre-trial
disclosure!
After trial, armed with affidavits from the persons
alleged to have received Herb’s "illegal" calls, Herb
moved for a Judgement of Acquittal not
withstanding the jury verdict. The court granted
the motion on all counts but one (Possession or
Use of a Counterfeit Access Device). The court
maintained that the Miller tape proved that
something was amiss and the jury could correctly
deduce from this that the law had been broken.
This court decision differs from the previous
decision in that the device is similar to, but not
exactly the same as, a valid device and does not
require the threshold of over $1000 in use. (The
irony in this entire matter is that Herb freely
admitted to using the service briefly in 1987. He
was a bona fide customer and the total actual use
amounted to $106. CALLS finally was required by
the court to produce Herb’s check for $104 that
they had received in1987. They admitted that they
did not cash the check but, instead, held it as aid
in the plot to entrap KV4FZ.)
When the court vacated the judgement requiring
two months prison time, Herb’s detractors were
enraged and, once again, began the political letter
writing campaign. Now the claim was that Herb
had used amateur radio in the commission of a
crime and should be taken off the air. They sent
the highly doctored Miller Tapes to the FCC in an
attempt to prove their incredible theory. Their
letters were full of outrage over the fact that Herb
had once more cheated Madam Guillotine and he
still on the air making waves. Some were furious
due to the fact that they had given financial
support to certain political candidates and nothing
permanent had been done to rid the airwaves of
this "pest", KV4FZ. (Ruth Hoffman even conveyed
gifts to officials at the FCC in attempt to bribe
public servants. One such official, William Cross,
was investigated for leaking internal information
to Ruth Hoffman in the KV4FZ matter. Hoffman
then disseminated this information for use in the
hate campaign against Herb.)
KV4FZ then was subsequently forced to embark
upon a long and costly struggle for justice. He has
had to fight the refusal to renew his amateur
license by demanding a hearing before the FCC.
(The refusal to renew is rarely used as a procedure
and has been given the title: "The FCC Death
Penalty" because the entire burden of proof is
placed upon the licensee.)
At the first FCC hearing, Administrative Law Judge
Luton ruled against KV4FZ. However, upon higher
review, the FCC General Counsel refused to accept
Judge Luton’s findings and remanded the matter
for reconsideration. The principle issue is whether
or not KV4FZ had used amateur radio in the
furtherance of the commission of a crime. This
time the ALJ ruled that there was nothing in the
evidence (The Miller Tape) that was illegal in any
way. The concluded that Schoenbohm actually was
dialing ordinary and valid Virgin Islands telephone
numbers. He was not entering illicit access codes
to make long distance calls.
The ALJ did, however, agree with the Wireless
Telecommunications Bureau (WTB) assertion that,
by giving out the telephone number, in 1994, of
Herb’s future boss, Congressman Frazer (whom,
incidentally ran Delugo out of office), Herb was
violating a solicitation restriction of ex-parte rules.
This was despite the fact that WTB had conceded
that no actual ex-parte violation had taken place.
The ALJ ruled that, by attempting to explain his
conviction as a De Minimus violation rather than a
crime of major impact, he was trying to mislead
the trial of fact. (In administrative law, the
assertion of innocence is a crime even if the
accused is actually innocent! It is akin to Hobson’s
Choice or the Salem witch trials whereupon, if the
tied woman is thrown into the pond, and she does
not drown, then she must surely be a witch and,
thus, must be burned to death.
Herb had been fighting the remaining count
through the Federal Courts and has even
succeeded in convincing the courts to severely
criticize the DOJ for their handling of the case.
Nevertheless, they refused to reverse the
remaining conviction because of the nearly
impossible to define "standard of harmless error".
The appellate court ruled that the motion for
Judgement of Acquittal had been filed too late
even though the trial judge had granted an
extension based on the emergence of irrefutable
proof that the prosecution had used false
evidence. As a result they were barred from
considering the sufficiency of evidence matter at
this late date under the rigorous standards of
Habeas Corpus review. However, a positive
revelation in the latest FCC decision is that it
clearly vindicates Herb on the original charge of
using ham radio in the commission of a crime. It
also conclusively proves that his detractors
engaged in perjury before a Federal Grand Jury and
Petit Jury trial.
Many on the local scene recognized the truth. The
Trial Judge, The Honorable Ann Thompson, wrote a
letter of support and praise on Herb’s b
Many on the local scene recognized the truth. The
Trial Judge, The Honorable Ann Thompson, wrote a
letter of support and praise on Herb’s behalf. The
Governor of the Virgin Islands did not simply
restore Herb’s government career. He elevated
Herb to a position of higher authority with more
responsibility to the island and a significantly
higher salary. He was also employed, as a part-time
field representative, on the congressional staff of
newly elected Congressman Frazer.
(The FCC WTB attorneys characterized these as
"political jobs", unworthy of consideration as a
mitigating factor in Herb’s "rehabilitation"!)
Although Herb had a Congressional Floor Pass,
granting him direct access to the ears of the
politicians, there is no evidence that he ever
abused his position to lobby House members
against the FCC. This is in spite of the fact that the
bureaucrats inside the FCC are very much afraid
that Herb might just whisper in the ear of someone
who controls their finances. Because of this, Herb
is not allowed to take his case to the very people
who would be horrified to learn the truth about
how he has been treated. These are the people
who could finally put a stop to this travesty of
justice. Yet, Herb’s detractors are on the phone
daily, pushing those in power to get him off the
air, one way or another. When will the voice of
reason and justice be heard?
Some of us do not like the odds and are willing to
help end this fiasco. Herb’s legal bills are soaring
but he continues the fight. His attorney, Larry
Colby (a licensed ham), has stated that when this
issue gets into the proper arena, Herb will be
totally vindicated. But this can only happen if Herb
is allowed to fight on and get his case into the
proper arena. Right now, it is still in a forum where
all the rules are stacked against the licensee. When
the matter gets out of the FCC, and into the D.C.
Circuit Court, then the playing field is closer to
being balanced. There, the Feds don’t have the
automatic upper hand that allows them to do
what their political puppet-masters demand.