"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

believe it when I see it

[saleenS281]

So he was guilty. Given the amount of money he amassed spamming, my guess would be he gets 1 year at most and then some probation. Money makes the judicial system go round in this country.

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

Yay!

[apachetoolbox]

CAN-SPAM Act: 1
Spammers: 1,305,931,426,569

Why bother sending him to jail?

[andyteleco]

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

Re:Too Many Kings

[TheWoozle]

Pfft. You can't expect to wield supreme executive power based on a vote! Everyone knows that kings are chosen by women distributing swords in a farcical aquatic ceremony. If I said I had been elected Emperor by means of popular vote, they'd put me away!

Re:Overkill?

[ScentCone]

have I missed something here

Yes.

It's not like he's committed a violent crime or put people out of work.

This plague costs the economy billions in lost productivity, otherwise unecessary system capacity expenses... do you REALLY think that a company looking to grow and compete and hire/retain the best people at whatever they do wouldn't rather spend all of that time and energy on things directly relevent to what they DO for a living? Huge expenses - otherwise unrelated to a business's actual line of work - absolutely DO cost jobs. How many schools could better spend that money on lower tuitions or newer labs? Just think it through.

But wouldn't a far more appropriate response be to seize his assets and slap him with fines amounting to the damage he's caused?

The damage he's caused involves WAY more money than what he's collected. That he's willing to cause that sort of damage should tell you everything you need to know about the guy. He wants someone else's money, and is willing to cause damage and participate in fraud to get it. It's not very different than committing insurance fraud for cash... and then watching the rest of us pay higher premiums to cover it.

More to the point, though: he's already demonstrated a willingness to knowingly break the law and abuse other people's systems and networks. Physically stopping him from doing it again by locking him up is the only way you'll prevent him from just putting on another hat/identity and doing it again, more carefully, through a surrogate. Or "consulting" for someone else who does. What do you think he'll do at night after he clocks out of the community service work you'd rather he was doing? Hopping online somewhere, or talking someone else through doing so, and doing something he knows will generate some cash.