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'Spambot' creators facing federal lawsuit in Virginia
Court Watch | 2007/04/27 02:33

A Utah-based anti-spam technology company filed a lawsuit in US District Court in Alexandria Thursday in an effort to identify the people behind so-called "spambots", programs that search the Internet for e-mail addresses to sell to spammers. Unspam Technologies Inc. operates a spam harvester-tracking Web site called Project Honey Pot that has collected thousands of Internet addresses connected to spam harvesters. It has been unable to link those addresses to actual people, but hopes to do so during the discovery process of the lawsuit, said plaintiff's lawyer Jon Praed. Although collecting e-mail addresses is not illegal, using that information to spam is prohibited under federal and state laws. Praed said Unspam can show that the emails were collected for that purpose.

This is the latest effort to combat the growing problem of Internet spam. In 2004, a Maryland judge struck down as unconstitutional the state's 2002 Commercial Electronic Mail Act, the first state law to punish senders of spam. Also in 2004, several major Internet companies filed anti-spam lawsuits under the federal CAN-SPAM Act of 2003, which prohibits deceptive or abusive web advertising techniques such as the use of false return addresses or misleading subject lines to trick users into opening messages.



Retrial Scheduled to Begin in Decade-Old Murder Case
Court Watch | 2007/04/26 00:03

Opening statements are scheduled today in the retrial of an Iowa man who became the youngest person on death row in Illinois when he was found guilty of a double-murder in 1996.
Daniel Ramsey of Keokuk, Iowa, was 19 when he was convicted of fatally shooting two Hancock County girls as well as wounding his ex-girlfriend and two toddlers.

His former girlfriend -- 17-year-old Rachel Sloop -- testified in the trial about watching her sister die of gunshot wounds and laying wounded as Ramsey dripped blood on her.

Ramsey's videotaped confession to police was included in his first trial, but his conviction was overturned in 2000.

The Illinois Supreme Court ordered a retrial after finding that Ramsey was tried under an insanity defense law that was later ruled improper.

© 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



Ex-teacher pleads guilty in sex case
Court Watch | 2007/04/25 02:06

The former Brighton Charter Academy teacher accused of fondling one of her students and providing him with alcohol during an overnight trip to Estes Park pleaded guilty Tuesday to three charges.

Carrie McCandless, 29, pleaded to tampering with physical evidence, contributing to the delinquency of a minor and unlawful sexual contact.

Under the plea agreement, McCandless avoids prison, but will serve 45 days in the Larimer County jail. She also will serve a 5 year deferred sentence and will spend time in a sex offender program with intensive supervised probation. A sentencing hearing for McCandless is scheduled for June 8.

"Due to the possible consequences of going to trial and being unsuccessful, Ms. McCandless felt like she was in a position that she had to accept the plea bargain," defense attorney Trent Trani said.

McCandless was charged with sexual assault on a child by one in a position of trust and contributing to the delinquency of a minor.

"There was never any kind of sexual intercourse or anything other than Mr. Clay fondling her," Trani said. "It's ridiculous to assert that she subjected him to this contact and I think that's what should have been heard by a jury."

The victim, Tommy Clay, appeared on national TV last month. Clay said he and McCandless became friends during a summer school session because he found it easy to talk with her.

Clay said when another teacher discovered the relationship, "I told Mrs. McCandless that I would take the fall for it. I didn't want her ending up losing her job and I figured I had a lot less to lose than she did."

She was 29 and Clay was 17 at the time, authorities said. McCandless was fired. Her husband, Chris, is principal of the school in Brighton, on the northeast edge of the Denver area.



Woman pleads guilty to murder of husband
Court Watch | 2007/04/23 08:18

Following a guilty plea to first-degree murder a Nowata County woman was sentenced to life without parole. Rhonda Jane Robirds, 40, was sentenced by Nowata-Washington County District Judge Curtis Delap following her guilty plea. In accepting the plea, Delap granted the request of Assistant District Attorney Scott Julian to withdraw the bill of particulars thus removing the possibility of a death sentence.

According to the statement of facts to which Robirds pleaded, on Feb. 12, 2006, Robirds instructed Joshua Hill, then 21, of Coffeyville, to shoot her husband, Steven Means, 49, at the family home east of Lenapah.

Following this act, Robirds enlisted her teenage children to assist in removing Means’ body to a location in rural Labette County, where the body was weighted down with cement blocks and dumped into a creek. Robirds and her children then attempted to remove evidence of the crime with home cleaning products.

Robirds waived her right to remain in the county jail for an additional 10 days and asked to be delivered to the custody of the Department of Corrections as soon as possible. She will be held by Nowata County Sheriff Jim Hallett until that time.

According to District Attorney Rick Esser, Hill is scheduled to also plead to murder on May 11.



Extradited Software Piracy Ringleader Pleads Guilty
Court Watch | 2007/04/20 01:08

The leader of one of the oldest and most renowned Internet software piracy groups has pleaded guilty to criminal copyright infringement charges, in one of the first ever extraditions for an intellectual property offense, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Chuck Rosenberg for the Eastern District of Virginia announced today.

Hew Raymond Griffiths, 44, a British national living in Bateau Bay, Australia, was extradited from Australia in February 2007 to face criminal charges in U.S. District Court in Alexandria, Va. He pleaded guilty today before U.S. District Judge Claude M. Hilton to one count of conspiracy to commit criminal copyright infringement and one count of criminal copyright infringement. If convicted on both counts, Griffiths could receive a maximum sentence of 10 years in prison and a $500,000 fine. Prior to his arrival in the United States, he had spent nearly three years incarcerated at a detention center in Australia while fighting his extradition in Australian court. Judge Hilton set a sentencing date for June 22, 2007, at 9:00 a.m.

Griffiths was the leader of an organized criminal group known as DrinkOrDie, which had a reputation as one of the oldest security-conscious piracy groups on the Internet. DrinkOrDie was founded in Russia in 1993 and expanded internationally throughout the 1990s. The group was dismantled by the Justice Department and U.S. Immigration and Customs Enforcement as part of Operation Buccaneer in December 2001, with more than 70 raids conducted in the U.S. and five foreign countries, including the United Kingdom, Finland, Norway, Sweden and Australia. To date, Operation Buccaneer has resulted in more than 30 felony convictions in the United States and 11 convictions of foreign nationals overseas. Prior to its dismantling, DrinkOrDie was estimated to have caused the illegal reproduction and distribution of more than $50 million worth of pirated software, movies, games and music.

Griffiths, known by the screen nickname “Bandido,” was a longtime leader of DrinkOrDie and an elder in the highest echelons of the underground Internet piracy community, also known as the warez scene. He held leadership roles in several other well-known warez groups, including Razor1911 and RiSC. In an interview published in December 1999 by an online news source, he boasted that he ran all of DrinkOrDie’s day-to-day operations and controlled access to more than 20 of the top warez servers worldwide. In fact, Griffiths claimed to reporters that he would never be caught.

Griffiths admitted that he oversaw all the illegal operations of DrinkOrDie, which specialized in cracking software and distributing the cracked versions over the Internet. Once cracked, these software versions could be copied and used without limitation. Members stockpiled the illegal software on huge Internet computer storage sites that were filled with tens of thousands of individual software, game, movie and music titles worth millions of dollars. The group used encryption and an array of other sophisticated technological security measures to hide their activities from law enforcement.

This case was investigated by the Washington field office of U.S. Immigration and Customs Enforcement (ICE) in conjunction with the Customs Cybercenter in Fairfax, Va.

This case is being prosecuted by Deputy Chief Michael DuBose and trial attorney Jay Prabhu of the Criminal Division’s Computer Crime and Intellectual Property Section, and Assistant U.S. Attorney Robert Wiechering of the Eastern District of Virginia.



Payroll company owner pleads guilty to $4M fraud
Court Watch | 2007/04/19 06:09

The co-owner of a payroll company pleaded guilty Wednesday to a scheme to defraud business clients of more than $4 million by diverting employee taxes to his personal use, federal officials said.

Stephen E. Taylor, 34, of Canton pleaded guilty to wire fraud and could be sentenced to up to 20 years in prison and fined $250,000 at sentencing June 27 in U.S. District Court, officials said.

U.S. Attorney David Nahmias said Taylor was co-owner of 20/20 Payroll Solutions, with offices in Georgia, Texas and Alabama.

"This defendant took advantage of more than 100 innocent business owners, including many mom-and-pop operations," Nahmias said. "He took the funds clients entrusted him with to pay their employees' taxes and used the funds instead for his own personal benefit.

'When his scheme spiraled out of control, he began using the funds of one client to pay for the taxes owed by other clients. In less than two years, he cheated his clients out of more than $4 million dollars," the prosecutor said



Judge rules lawsuit in Ball State shooting can proceed
Court Watch | 2007/04/18 12:18

A federal judge says he won't dismiss a civil rights lawsuit filed against a former Ball State University police officer by the family of a student who was fatally shot by the officer. U-S District Judge Richard Young refused yesterday to reconsider his previous order allowing the wrongful death lawsuit against Robert Duplain to go to trial. A Delaware County grand jury cleared Duplain of any wrongdoing in the 2003 shooting, but the family of 21-year-old Mike McKinney filed a 100 (m) million dollar civil rights lawsuit. Duplain's attorneys asked Young to dismiss the suit, arguing that he had used reasonable force and had qualified immunity as a police officer. Young ruled that expert witnesses could provide testimony that McKinney did not charge at Duplain before he was shot.



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