Slashdot Mirror
Feds Convict Warez Dealer
XaviorPenguin writes "News.com.com.com has a story that says the DoJ has '...landed its first conviction against an American defendant trapped via Operation Fastlink, a multinational law enforcement effort undertaken against online software piracy. The U.S. Attorney for the Southern District of Iowa said that Jathan Desir, 26, of Iowa City, has pleaded guilty to charges related to his role in a criminal enterprise that distributed pirated software, games, movies and music over the Internet.' Desir is the first conviction that Operation Fastlink has done. He will possibly serve up to 15 years in prison when his sentencing is in March 18, 2005. Previous Slashdot articles are included here(1), here(2), and most recently here(3)."
Yeah, copyright infringment is a felony offense, and is under United States Code Title 17 sections 501 and 506. I have seen enough of these FBI Warnings when playing movies on DVD/VHS... Penalty: 5 years in prison and $250,000 fine per work infringed. Harsh? yes. Fair? Debatable? Yep. But it is the law...
Some call me Howie Feltersnatch
It's rare for the federal government to claim jurisdiction in cases of rape or murder.
1% of federal prisoners are serving time for sex offenses, 3% for homicide, aggravated assault, or kidnapping, 4% of a prison population of 180,000. Federal Bureau of Prisons QUICK FACTS September 2004
To be among the 38% sentenced to more than ten years, you have to had mucked up your life pretty badly.
Wrong...this is not a state case, its federal. He will receive a nice chunk of the 15 years. Read the Federal Sentencing Guidlines. Judges usually and typically do not depart due to potential career ramifications. It has been done...but its not usual. However, if a judge truely believes that 15 years is excessive (and hopefully he/she will), they will depart. Cross your fingers for this kid.
What is amazing to see is this kid is facing the possibility of doing more time than your average homicide, rape or sexual assault criminal. According to the National Criminal Justice Reference System (NCJRS), the following sentences are listed as the average:
Make note this potential sentence exceeds the averages for violent crime, and exceeds the time given by the Department Of Justice to Andrew Fastow, the CFO of Enron convicted of bilking millions of dollars from employees and investors. This poor kid is looking at 180 months. We have a problem with our criminal justice system.