Fifth Circuit Short Circuit: Court of Appeals Limits Rights of FCC Forfeiture Defendants

[Commentary] Suppose you receive a Forfeiture Order from the Federal Communications Commission demanding a large check for allegedly violating FCC rules, as happened to Jerry and Deborah Stevens back in 2010. And suppose you want to raise a challenge. When and where do you do that? The U.S. Court of Appeals for the Fifth Circuit has chimed in with a ruling that stirs up these already turbulent waters. The Fifth Circuit’s problem was to reconcile two statutes.