IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
OHIO EASTERN DIVISION

  UNITED STATES OF AMERICA,    )
                               )
           Plaintiff,          )
                               )
      v.                       )   CIVIL ACTION NO. 5:93CV2306
                               )
ONE DLO MODEL A/C, 30.06       )   JUDGE DAVID D. DOWD, JR.
MACHINE GUN, etc., et al.,     )
                               )
           Defendants,         )
                               )
      v.                       )
                               )
LOUIS EDWARD KATONA, III,      )
                               )
           Claimant.           )

  AFFIDAVIT OF CLAIMANT

      Claimant, Louis Edward Katona, III, being first duly sworn,
deposes and states as follows:

      1.  I am the owner and legal registrant of all the defendant
firearms at issue in this action.

      2.  Prior to their seizure by the Bureau of Alcohol, Tobacco
and Firearms, I was also the sole possessor of the defendant
firearms.

      3.  In April of 1991 I was contacted by Special Agent Lance L.
Kimmell of the Cleveland office of BATF who advised that on behalf
of an agent in a case in Oklahoma he wanted to inspect a grenade
launcher I had purchased.  On April 26, 1991, Kimmell came to
Bucyrus and I voluntarily loaned him a Colt Model M-203, 40mm
grenade launcher, serial number 0175465, for use in a federal
criminal trial in Oklahoma not involving me.  I also gave Kimmell
a sworn statement regarding my purchase of the launcher and the
correspondence and cancelled check pertaining to the purchase.  I
was assured by Special Agent Kimmell that the launcher would be
returned to me and was given the name and telephone number of the
case agent in Oklahoma to contact for return of the launcher. 
Attached as Exhibit 1 to this affidavit is a true copy of the
"document receipt" I was given for the launcher by Special Agent
Kimmell.

      4.  I called the Oklahoma case agent, BATF Special Agent Blair
Ward, periodically during 1991 and early 1992 to learn the status
of the launcher.  Ward was initially polite, but on April 22, 1992,
he abruptly announced that I would not be getting my launcher back
and that "no one needs an M203 anyway."  I replied that the
launcher was a legally-registered and tax paid firearm and that he
could not just confiscate property because of his personal views. 
Ward responded, "How dare you speak to me like that, you little
son-of-a-bitch.  You don't know who you are dealing with.  I am
going to have some of my boys come and see you and kick your ass! 
You screwed up this time, boy!  You're going to wish you never
heard of me!"

      5.  On May 8, 1992, Special Agent Kimmell executed a federal
search warrant on my home and seized the other 32 firearms named in
the Complaint for Forfeiture.  The warrant was based solely upon
false allegations that I had forged Bucyrus, Ohio, Chief of Police
Joe Beran's signature to 32 BATF transfer and registration forms. 
That was a complete and utter lie.  I never forged Beran's
signature.  Nor did I cause anyone else to forge his signature.

      6.  On July 22, 1992, BATF sent me a letter advising that it
intended to administratively forfeit the firearms seized under the
search warrant and setting September 9, 1992, as a final claim
date.  A true copy of that letter and the enclosed instructions is
attached as Exhibit 2.

      7.  The firearms seized from me had a fair market value of
well in excess of $100,000, according to my own calculations as
well as those of experienced firearms dealers who appraised my
collection.

      8.  My attorney advised me that because of the value of my
firearms collection administrative forfeiture was inappropriate
under the law, but that I would nevertheless have to file a claim
and post a cost bond of $2,500 in order to prevent BATF from
destroying the firearms.

      9.  On September 9, 1992, I filed a claim and $2,500 cost bond
with BATF.  A true copy of the claim and cost bond is attached as
Exhibit 3.

      10.  By letter dated October 23, 1992, BATF returned my claim
and cost bond and advised that the matter would be handled "by the
judicial system."  A true copy of that letter is attached as
Exhibit 4.

      11.  On June 8, 1993, BATF sent me a letter of intent to
administratively forfeit the Oklahoma grenade launcher.  A true
copy of that letter and instructions is attached as Exhibit 5.

      12.  On July 10, 1993, I filed a claim and $350 cost bond with
respect to the grenade launcher.  A true copy of that claim and
cost bond is attached as Exhibit 6.

      13.  On September 14, 1993, a federal grand jury returned a
19-count indictment against me, charging me with forging Chief of
Police Joe Beran's signature to the law enforcement certifications
on the BATF transfer and registration forms pertaining to my
firearms.

      14.  On October 28, 1993, the United States Attorney filed the
complaint in this action.  I intervened in the action to assert my
claim to my firearms and this Court, on November 12, 1993, stayed
further proceedings until disposition of the criminal case.

      15.  On April 19, 1994, trial in my criminal case commenced,
and on April 25, 1994, Judge George W. White granted a motion for
a judgment of acquittal on all counts.

                                ___________________________________
                           LOUIS E. KATONA, III

      Sworn to and subscribed before me this ____ day of May, 1994.
                                ___________________________________
                           NOTARY PUBLIC

      My commission expires ___________________________.