SAN DIEGO (KGTV) - Several San Diego residents charged in connection with the January 6 Capitol riot are speaking out after the Justice Department announced the creation of a fund to compensate those who allege they were wrongly targeted under the Biden administration.
Jordan Berk and David Gary are among those who say they plan to file claims with the nearly $1.8 billion settlement fund if they are eligible. DOJ officials say the fund was created to compensate those wrongly targeted under the Biden administration, though a political battle being waged could reshape what the settlement fund looks like. The DOJ announced the formation of the fund as part of a settlement involving Trump lawsuit over leaked tax returns.
"Definitely surprised and delighted," Berk said.
Berk pleaded guilty to a federal misdemeanor count of entering and remaining in a restricted building during the Capitol riot. He served a 2-month home confinement sentence, which I first reported on in January 2025, along with 2 years of probation. Because of the charges, he lost his job at a financial services company.
Berk and some 1,600 others received presidential pardons on Inauguration Day. However, his lawyer told him the arrest would likely still appear on background checks. He applied for jobs for a year.
"Hit that apply button hundreds, thousands of times. Got a few interviews, but pretty much didn't get any follow-ups or callbacks," Berk said.
Since last fall, Berk has been in Asia, where he has become a digital nomad, trading stocks and earning modest returns. He said he intends to pursue a claim.
"Of course, I feel like I have a case for damages," Berk said. "It was cruel and unusual, or whatever terms you can throw at it. It was way overdone in terms of the punishment.”
When asked how he would respond to critics who say the fund essentially rewards people who committed crimes, Berk said:
"If you think it's unfair, imagine what we all went through.”
David Gary's misdemeanor case was expected to be dismissed amid the pardons when I spoke to him and his wife in January 2025. The charges were later dropped.
In a statement, Gary said he also plans to pursue a claim.
"If eligible, I will submit a claim. This has caused emotional turmoil. We still have outstanding legal costs," Gary said.
Berk echoed that sentiment.
"We had much taken from us. Why wouldn't we ask to be recompensed for that?" Berk said.
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