"Spam King" Pleads Guilty in U.S. Federal Court

Monty writes "It looks like 'Spam King' Adam Vitale has finally plead guilty to violation of the CAN-SPAM Act of 2003 in federal court in New York City. 'The indictment said that in less than a week in August 2005, Vitale and Moeller sent e-mails on behalf of the informant to more than 1,277,000 addresses of subscribers at AOL, the online division of Time Warner Inc. Vitale will be sentenced on September 13 when he faces a maximum sentence of 11 years in prison. Moeller, who lives in New Jersey, faces the same charge.' We discussed Vitale's arrest back in February."

Comments

Re:believe it when I see it

[packetmon]

There is a set of guidelines a judge HAS to follow in order for sentencing its called a presentence report. A bunch of information is thrown together, weighed and based on that information along with the charges, the sentence is made. For example, did culprit cooperate, is his family life stable (not kidding), his prior history if any. More than likely he will do no less than 30 months unless they seek to make an example of him. Even then, they still have to follow the guidelines but a judge can impose anything a judge sees fit. His lawyers can counter and vice versa then go through appeals. So contrary to what some may like to believe about getting a slap on the wrist, the process is deeper than most know or care to know....

(d) Presentence Report.

• (1) Applying the Sentencing Guidelines. The presentence report must:
  • (A) identify all applicable guidelines and policy statements of the Sentencing Commission;
  • (B) calculate the defendant's offense level and criminal history category;
  • (C) state the resulting sentencing range and kinds of sentences available;
  • (D) identify any factor relevant to:
    • (i) the appropriate kind of sentence, or
    • (ii) the appropriate sentence within the applicable sentencing range; and
  • (E) identify any basis for departing from the applicable sentencing range. (2) Additional Information. The presentence report must also contain the following information:
    • (A) the defendant's history and characteristics, including:
    • (i) any prior criminal record;
    • (ii) the defendant's financial condition; and
    • (iii) any circumstances affecting the defendant's behavior that may be helpful in imposing sentence or in correctional treatment;
  • (B) verified information, stated in a nonargumentative style, that assesses the financial, social, psychological, and medical impact on any individual against whom the offense has been committed;
  • (C) when appropriate, the nature and extent of nonprison programs and resources available to the defendant;
  • (D) when the law provides for restitution, information sufficient for a restitution order;
  • (E) if the court orders a study under 18 U.S.C. 3552 (b), any resulting report and recommendation; and
  • (F) any other information that the court requires.
    
    

Cornell

Why bother sending him to jail?

[andyteleco]

He should be sent to Russia, there he would find justice like Vardan Kushnir