Black Friday 2005

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Duo are first convicted under felony spam law

People should be penalized ($1,000.00+) for spamming.
A Group/Corporation should be penalized ($10,000.00+) too!

Then, spamming with fruad will face 15+ year of Jail time PLUS $1,000.00+ penalty fee for an individual. For a group or corporation... DOUBLE the Jail time and take over their companies!

From Miami Herald:

Posted on Thu, Nov. 04, 2004
COURTS

Duo are first convicted under felony spam law

A brother and sister from North Carolina could go to jail for sending unsolicited junk e-mail to AOL customers.


LEESBURG, Va. - (AP) -- A brother and sister who sent unsolicited junk e-mail to millions of America Online customers were convicted Wednesday in the nation's first felony prosecution of distributors of spam.

After returning their verdict, jurors immediately began deliberating punishments for Jeremy D. Jaynes, 30, and Jessica DeGroot, 28, both of the Raleigh, N.C., area. Each could receive jail terms for fraudulently sending junk mail.

A third defendant, Richard Rutkowski, was acquitted. Jurors deliberated 1 ½ days.

Prosecutors compared Jaynes and DeGroot to modern-day snake-oil salesmen who used the Internet to peddle junk such as a ''FedEx refund processor'' that supposedly allowed people to earn $75 an hour working from home.

In one month alone, Jaynes received 10,000 credit card orders, each for $39.95 for the processor.

''This was just a case of fraud,'' prosecutor Samuel E. Fishel IV said. ``This is a snake-oil salesman in a new format.''

Prosecutors asked the jury to impose a maximum sentence of 15 years in prison for Jaynes and to consider an unspecified prison term for his sister.

Defense lawyers asked jurors to spare the defendants prison terms.

David Oblon, representing Jaynes, argued that it was inappropriate for prosecutors to seek what he called an excessive punishment, given that this is the first prosecution under the Virginia law.

Circuit Court Judge Thomas Orne has not yet ruled on an earlier motion asking that the case be dismissed. Orne said during the trial that he had a difficult time allowing the prosecution of DeGroot and Rutkowski to go forward to the jury.

Virginia, home to AOL, prosecuted the case under a law that took effect last year that bars people from sending bulk e-mail that is unsolicited and masks its origin.

''Spam is a nuisance to millions of Americans, but it is also a major problem for businesses large and small because the thousands of unwanted e-mails create havoc as they attempt to conduct business,'' Attorney General Jerry W. Kilgore said in a statement.