Tuck (and others who may not have heard much about Don Miller in the past) - Don Miller, W9WNV, was very active as a contester and DXpeditioner during the 1960s. He was generally acknowledged to be an excellent operator. He brought a lot of excitement to the bands as he put numerous rare and some new DXCC countries on the air. Unfortunately, as it turned out, evidence suggested that he was not physically present at some of the places he claimed to have operated from. He later admitted to having not operated from one of them. (One direct result of his operations was that solid proof was for the first time required of DXpeditioners, proof that they were where they claimed to be, and proof that they were properly licensed.) Additionally, some claimed that he had reorganized the Honor Roll by refusing to work certain persons who had not provided financial support. Eventually, the ARRL Awards Committee withdrew DXCC credit for some of his operations. Miller claimed foul, and in 1968 he sued the League for $550,000, claiming that he had been defamed. That suit was later withdrawn by Miller (see excerpt from QST, below). He then pretty much dropped out of ham radio, settled in Southern California, where he opened several medical clinics (he was an MD.) He next hit the news when he was arrested in 1980 and charged with arson and conspiracy to commit murder (his wife). He was convicted of the conspiracy charge in April, 1980, and in July 1980 was sentenced to 25 years to life. Since then he has been in prison, in California. And now it appears he has been released, after some 22 years behind bars. What comes next? Will he get back into Amateur Radio and DXing? Interesting times lie ahead. 73. Jim, W6CF ***** Here's the report of the law suit, as published in QST for October, 1968. THE MILLER SUIT: A SPECIAL REPORT. The W9WNV lawsuit against the League, freely discussed in DX circles but only briefly reported in QST for May (p.81) and August (p.10), has been resolved without going to trial under the terms of an agreement signed by Dr. Donald A. Miller, W9WNV, and ratified by the Board of Directors. Under this agreement, he has withdrawn his suit, dropping his charges and his claims for damages. During formal testimony in June in Hartford, Dr. Miller conceded under oath he was not in fact at one location (St. Peter and Paul's Rocks) claimed earlier, and that some of his statements to the Awards Committee (which administers DXCC), to League Directors, and in various published statements and documents, were untrue. Dr. Miller first threatened suit in early 1967, shortly after the Awards Committee began its investigation of many complaints and charges of irregularities in Dr. Miller's DX operations. This did not deter the Awards Committee from taking action, appropriate in its judgement, to protect the integrity of DXCC. However, on advice of the League's General Counsel, QST refrained from publishing any details while the suit was imminent or in process. It was frustrating not to be able to counter the many misconceptions, inaccuracies and downright distortions which flew about on the air and in other publications during this period. Here at last is the story. DXpeditioner W9WNV's lawsuit was filed in February 1968 against the League and against John Huntoon personally, alleging defamation and seeking $550,000 damages. In essence the suit revolved around the Awards Committee's refusal to allow DXCC credit for certain of his claimed operations, as outlined in a series of bulletin announcements of such actions which were sent to DX clubs, bulletin editors, IARU societies and others having a primary interest in DX. Specifically, the Awards Committee had, during 1967, refused DXCC credits (or withdrawn credits previously granted in good faith) for operations claimed by the doctor at Chagos, Heard Island, Laccadive Islands, Navassa, and St. Peter & Paul's Rocks. These actions had been taken because in the investigation of complaints concerning a number of his DXpedition operations, documentary evidence (including correspondence from several governments) submitted to the Committee strongly suggested either insufficient license or other authorization -- or that he was never, in fact, actually at the locations claimed. He was unable, in the Committee's judgement, to refute such evidence satisfactorily, despite much correspondence, a personal meeting with the Committee (March 1967), and the unprecedented opportunity to present his case to the League directors (May 1967). There follows a tabulation of the DXpedition activities for which DXCC credit was withdrawn (or withheld), along with a summary of the reasons for action: Navassa Island This was an operation in the autumn of 1966 by Dr. Miller and Herb Kline, K1IMP, under the latter's call/KC4. Cards received at Hq. were originally granted full DXCC credit, in good faith on the assumption the required Coast Guard permission had been obtained. (Miller later denied any advance knowledge of the need for CG permission.) Acting on queries from other amateurs who had recently applied for Navassa operation and been turned down, the Awards Committee determined from the Coast Guard that the necessary permission had not been obtained, and that it was still CG policy to allow only government employees on official business on the island. Dr. Miller was aware of this investigation as early as October 1966, and the Committee was subsequently in receipt of voluminous correspondence and documents from him on this and other subjects. He took the position that the legality of his presence on the island was "none of the ARRL's damned business." Nevertheless, in mid-January Hq. informed Mr. Kline and Dr. Miller that DXCC credit would have to be withdrawn because the League could not be a party to an activity labeled by an agency of the U.S. government as unauthorized. Dr. Miller countered with a demand that no discreditation take place or he would file a "major lawsuit" against the League; the Committee nevertheless acted to withdraw the credits. The Committee was somewhat startled a few days later to receive from Dr. Miller (in Africa) a photocopy of a letter on Coast Guard stationery from "Vice Admiral R. C. McCleary, Acting Commandant, stating the Coast Guard had no objection to his activity on Navassa; however, it was later discovered that there is no such person in the Coast Guard and no such letter had been written. Dr. Miller challenged the CG's jurisdiction over the island and its right to deny him permission to land; at one point he threatened to "take the matter up in person in Washington with the Departments of State, Interior and Treasury" if the Coast Guard again attempted to deny any amateur permission to land at Navassa. The Commandant of the Coast Guard replied that his visit was a trespass upon Government property, and that "any further unauthorized visits may result in a referral of the matter for appropriate action by the Department of Justice". St. Peter & Paul Rocks This was an activity in late August, 1966, again with K1IMP as a companion. Once again cards received at Hq. were granted full DXCC credit in good faith. However, word shortly reached Hq. that Dr. Miller had been in Caracas, Venezuela, "within hours" of the claimed PY0XA operation and thus could not possibly have reached the Rocks some 2000 miles away. Accordingly, the Awards Committee in early October 1966 requested both him and Mr. Kline to furnish information on the journey -- name of vessel, itinerary, etc. Mr. Kline responded, simply deferring to W9WNV. The latter wrote in late October (from the Indian Ocean) saying he was "not going into details on transportation, visas, passports, port clearances, etc. -- that's my business and not the ARRL's." (In the same letter he did say, however, that this and the Navassa operation were "two of the best and most legal DX operations I've ever been connected with.") Later he agreed to furnish such documentation as was feasible; but little of substance was ever received. He told the Awards Committee in Newington in person on March 3, 1967, "...there can't be any evidence that anything was wrong with the St. Peter & St. Paul because that expedition was 100% okay licensewise and everywise." He told the ARRL directors in Hartford on May 4, 1967, "...Herb Klein and I are both willing to sign affidavits that we were on St. Peter and Paul Rocks...We were there and the pictures we took were from there. It couldn't have been anywhere else...I was there and I won't have anyone saying I wasn't there..." Nevertheless the Awards Committee was not convinced and so acted in July to withdraw DXCC credits for the PY0XA operation, despite continuing threats of a lawsuit. The suit was actually filed, in February, 1968, in the federal district court of San Francisco. To make a long story short, during Dr. Miller's deposition in Hartford in June, 1968, under oath he admitted that the PY0XA operation actually took place from a vessel in sight of the South American coast in the vicinity of Trinidad or Tobago, some 1800 miles from St. Peter & Paul's Rocks. Laccadive Islands This was an operation in late January, 1967. In early February the League received an appeal from the Amateur Radio Society of India to warn Dr. Miller that his operation from the Laccadives was unauthorized, since no amateur operation was permitted there, and it would certainly cause difficulty in amateur/government relations. Dr. Miller had been granted a license, VU2WNV -- in fact the first to any U.S. citizen under the reciprocal agreement. He claimed it authorized Laccadives operation (although he never actually saw the license); the government said it was good only for Bombay. By a statement dated February 20, 1967, the League announced (among other things) suspension of any DXCC credits for the VU2WNV operation until further notice. The Awards Committee was somewhat startled a few days later to receive from Dr. Miller (in Africa) a photocopy of a letter to him on Indian government stationery dated January 3, 1967, granting him authorization to operate on the Laccadives (and thus disputing the ARSI statement)! This and other material was furnished ARSI, who in turn forwarded it to their government. After an intensive investigation, the Department of Communications of the Government of India informed the League: "The letter of January 3, 1967...has not been issued under the authority of the Govt. of India...Amateur licenses/permits are never issued by us in this form and the letter head of the forged document is an old one which was in use in 1963...It has been confirmed by the authorities in India that Dr. Miller never landed in any of the islands in Laccadives during the period..." The Awards Committee thus rejected Dr. Miller's appeals to credit the VU2WNV operation. Chagos This was part of the January 1967 itinerary which was claimed to include the Laccadives, being a stop enroute from the Seychelles. Several amateurs in Mahe (Seychelles) expressed to the League strong opinions that Dr. Miller did not actually go to the Chagos, as their direction-finding activities on his VQ9AA/C signals showed them coming from the west, rather than the east as would be expected from any Chagos operation; and the signals were consistently strong around the clock, not showing any day-night variation as would be expected from a transmitter 1,000 miles away. It was also asserted that the trimaran on which Dr. Miller departed from Mahe was much too slow to have made the voyage in the time claimed. This evidence the Awards Committee found significant but not conclusive. The subject was discussed in considerable detail, along with the Laccadives, at the meeting with directors in May 1967. Dr. Miller at that time described his trip as by trimaran only for a few miles from Mahe, then transferred next day to a "fast yacht" which took him to Chagos, Blenheim Reef and Laccadives, then re-transferred him to the trimaran for the return to Mahe. Neither in the meeting with directors, nor in the depositions under oath, could Dr. Miller recall for certain the exact name of the "fast" boat, its country of registry, its last port of departure, its size or color, names of captain or any of the crew. He "thought" it was Dutch-owned and might have one of two names -- the "Viana Princess" (which the League found on investigation was a vessel in the Pacific Ocean at the time) or the "Voyageur," (the League could locate only one vessel of that name, in the Mediterranean at the time). Taken together with the information obtained on the Laccadives, the Awards Committee found the explanation unacceptable and so acted in July 1967 to withdraw credits for VQ9AA/C. Heard Island This was an activity in July 1966 under the call sign VK2ADY/0. Reports received by Headquarters that the operation had not actually been conducted at Heard prompted questions concerning the operation during the meeting of directors in Hartford in May 1967. Dr. Miller identified the "S. Capetown" as the ship which took him from Durban (he thought) to Heard; he claimed it was a rescue vessel, but was not registered in South Africa (he didn't know where). Hq. investigations located several vessels with the name "Capetown," none in the service claimed. Checks with the Postmaster General's Department of Australia indicated Dr. Miller was issued a license but it was valid only in New South Wales (he claimed otherwise). Investigating at ARRL's request, the Wireless Institute of Australia (which took no position in the matter other than obtaining information) received a response from the Australian Department of External Affairs as follows: In reply to your letter of 11th May, our department was approached first by Mr. Charles N. Swain, on 10th January 1966, and later by Dr. Miller on 21st February 1966, who sought permission to visit Heard Island to establish an amateur radio station there. Early in March the Department advised that they were not able to approve the request because of their inability to demonstrate to us that the arrangements they proposed to adopt would be adequate to cope with the very severe weather conditions likely to be experienced at the island. Incidentally, in making his representations, Dr. Miller advised our department that the French authorities had approved his visit to Kerguelen near Heard Island, subject to their accepting no responsibility for the safety of the party. However, the French authorities advised that they had had no such request.... In the circumstances, there seems reason to doubt whether Dr. Miller did, in fact, visit Heard Island in July 1966. The Island is very exposed and the anchorage at Atlas Cove is extremely treacherous. In July the weather is particularly violent and would be very dangerous in a small ship. Yours sincerely, D.F. Styles, Acting Director. Under the circumstances the Awards Committee felt it had no choice but to withdraw credits for the operation, and did so in July 1967. Case Settled Before the taking of depositions was even completed, attorneys reached the stage of specific proposals for settlement of the case. After many hours of consultation among and between the attorneys for both sides and discussion by telephone among the League's officers, an Agreement was signed by Dr. Miller and Mr. Huntoon as League Secretary (subject to ratification by the League's Board of Directors) and in his own behalf. The full text of the Agreement follow: WHEREAS, the Awards Committee of the American Radio Relay League, Incorporated, reported in statements dated February 20, 1967, March 10, 1967, May 4, 1967, and July 6, 1967, certain decisions and actions taken by it concerning certain amateur radio activities and operations of Doctor Donald A. Miller, W9WNV; and WHEREAS, Dr. Miller instituted suit against the League and its Secretary and General Manager, John Huntoon, in the United States District Court for the Northern District of California on February 19, 1968, Civil Action File No. 48726, alleging that the statements and actions of the Awards Committee and certain related statements and actions of Mr. Huntoon were malicious and libelous and requesting judgement in the maximum amount of five hundred fifty thousand dollars ($550,000.00); and WHEREAS, service has been obtained on the League but not on Mr. Huntoon; and WHEREAS, the League, in an answer to Dr. Miller's complaint, filed on May 7, 1968, denied each and every allegation of said complaint of which it had knowledge; and WHEREAS, Dr. Miller, the League's Secretary, the League's General Counsel, and California Counsel for both parties to the action have met in Hartford, Connecticut, for five (5) days, beginning June 11, 1968, to prepare for trial of the action; and WHEREAS, the parties recognize that this and similar actions and controversies are not conducive to the advancement and enhancement of amateur radio in the United States and throughout the world; and WHEREAS, the parties, being desirous of terminating, once and for all, their differences and the related controversies, have explored at length during the said five day period the manner in which this action and their differences and related controversies may be resolved by mutual agreement; and WHEREAS, there are no unresolved complaints concerning any of Dr. Miller's operations now pending before or known to the League's Awards Committee; NOW THEREFORE, in consideration of their mutual promises and other valuable consideration, the parties hereby agree as follows: 1. Dr. Miller shall dismiss with prejudice his suit against the League and Mr. Huntoon within ten (10) days after the conditions precedent hereinafter contemplated have occurred; and 2. Dr. Miller shall not institute any suits or other litigation in any other jurisdictions against the League or any of its Officers, Directors, Employees, or Agents based upon any of the actions or matters which were the basis for or subject of the instant suit; and 3. The parties hereto shall execute appropriate releases to carry forth the intent of this agreement; and 4. Except for certain expenses incurred in connection with or related to the said meetings, which shall be the subject of a separate agreement between counsel, each of the parties shall bear and pay its own costs, including attorney's fees; and 5. Copies or reports of this agreement may be published in the League's official journal, QST, and/or in any other publications should either Dr. Miller or the League so desire; and 6. This agreement shall not be binding upon any of the parties hereto unless and until the following conditions precedent have occurred: (a) The Awards Committee has approved as separate country credits for the D.X. Century Club the 1968 operations of Dr. Miller from Blenheim Reef, Geyser Reef, and Chagos Is. (Nelson's Island); and (b) Ratification and approval of this agreement within forty-five (45) days of the date of this agreement by either or both the League's Executive Committee or Board of Directors. This agreement, entered into this 15th day of June, 1968, at Hartford, Connecticut, by the following: Donald A. Miller, M.D.: The American Radio Relay League, Incorporated by Its Secretary John Huntoon: John Huntoon. By way of explanatory comment, it should perhaps be noted that the legal language of Items 1 and 2 in the Agreement ("with prejudice") preclude Dr. Miller from at any future time reinstituting suit against the League or any of its personnel for any actions or statements prior to execution of the Agreement. Item 4 provides that each party shall bear its own costs except that the League agreed separately to underwrite the costs incident to the taking of the depositions in Hartford solely as a concession to avoid dragging out the litigation into even more extended time and expense. This concession was made upon the strong advice of ARRL counsel and after thorough discussion among the Executive Committee and the Board. No money was paid to Dr. Miller in settlement. Item 6 covers Awards Committee approval of 1968 (actually year-end 1967) operations by Dr. Miller at three locations for which he had earlier supplied complete documentation and against which no complaints had been received. The Awards Committee's 1967 actions in withdrawing credits for the locations described earlier still stand of course. The agreement became effective with (1) the release of Awards Committee action on the three most recent DXpeditions (See p. 108, September QST); and (2) ratification by the Board of Directors, in a mail vote -- which, incidentally, was 11 in favor to 5 opposed. Those in opposition, it should be mentioned, were mostly against the League's underwriting any deposition costs. Tuck Miller NZ6T ARRL SWD Vice Director wrote:
Don Miller? No relation that I know of. However, for us who have not been in the service as long as some of you, who and what is this guy. What is his claim to fame? 73,
Tuck
K5ur@aol.com wrote:
Jim, maybe he'll go to BS7 (Scarborough Reef).
73, K5UR
In a message dated 9/5/02 9:56:00 PM Central Daylight Time, jmax@attglobal.net writes:
<< It's hard to forget what Don Miller put ARRL and DXers through some 35 years ago. >>
-- ************************************************ Remember, Helping Others....Always Worthwhile!! Southwestern Division Vice Director American Radio Relay League (ARRL) The national association for AMATEUR RADIO Are you a member yet? If not, visit http://www.arrl.org/join.html Tuck's Personal Web Page: http://www.qsl.net/nz6t Follow Tuck around the Division via APRS: http://www.findu.com/cgi-bin/find.cgi?NZ6T-9 To send a brief (110 Character max) e-mail, send to nz6t@amsat.org