tract[ing] with an entity … [to] sell the property through an internet auction.” (Id. at 2.) The government explained “the Marshal [would] request three bid proposals from companies which conduct internet auctions.” (Id.) The company selected by the Marshal would “publicize the items to be sold and the terms of the auction,” and would be “paid a percentage of the sales proceeds, not to exceed 10%, to cover … costs.” (Id.) The government represented that the Marshal “can request bid proposals and negotiate a final contract [for the auction] within sixty days” of receiving court approval.[1] (Id.)
In the July 7 Plan, the government divided the property at issue into four categories—personal items, firearms, bomb-making materials, and writings—and specifically identified the items of property in each category.[2] (Id. at 3–4.) The government proposed auctioning all of the personal items, and stated the Named Victims “intend to credit bid for any personal items … which do not sell,” i.e. the Named Victims would bid on and purchase property by applying Kaczynski’s restitutory debt toward the purchase price.[3] (Id. at 3.) The government asserted the firearms and bomb-making materials should not be included in the auction nor returned to Kaczynski. (Id. at 3–4.) The government proposed auctioning all of the writings except these containing “diagrams and ‘recipes’ for making bombs.” (Id. at 4.) Further, the government, on behalf of the Named Victims, requested that certain information be redacted from the writings prior to the auction, specifically, the names of “all victims, regardless of whether they filed a restitution claim or not,” “the names of their families,” all “recognizable descriptions of the victims and their injuries,” and the names of “intended victims.” (Id.) Accordingly, the government’s proposed auction only included the personal items and select, redacted writings.[4]
On July 7, the Named Victims filed a document that expressed approval for the July 7 Plan, argued the proposed plan wag timely, and emphasized the need to redact the writings “to protect the[ir] … privacy as well as the feelings and sensibilities of their loved ones.”[5] (Named Victims’ Statement Concerning Auction of Def.’s Property, filed July 7, 2006, at 2.)
On July 21, 2006, Kaczynski filed objections to the July 7 Plan, in which he argued “the government has not submitted a sufficient plan ‘in a reasonable amount of time.’ ” (Kaczynski’s Objections, filed July
- ↑ The Marshal “request[ed] that he not take possession of the property to be sold nor be ordered to spend any funds in connection with the sale of the items,” and that the Court approve a waiver of his “statutory commission.” (Gov’t Status Report, filed July 7, 2006, at 2.) These requests are addressed in a separate order authorizing the Marshal to assist in the approved sale.
- ↑ Lists of the specific items of property identified by the government as being personal items, firearms, and bomb-making materials are attached to this Order.
- ↑ “The Named Victims have indicated that they are willing to spend up to $7,000 to cover the costs of sale, including any commissions due the auctioneer.” (Gov’t Status Report, July 31, 2006, at 3.)
- ↑ The government stated that all property not specifically identified as personal items, writings, firearms, and bomb-making materials would be returned to Kaczynski. (Gov’t Status Report, filed July 7, 2006, at 3.)
- ↑ In a separate statement, Victim Gary Wright objected to the auction unless he receives “ownership and possession” of the unredacted, original writings that refer to him and his injuries; however, he did not object to the sale of redacted copies at the auction. (Named Victims’ Statement Concerning Auction of Def.’s Property, filed July 7, 2006, at 5.)
