Odie 0 Posted May 29, 2004 I have found an article in my hometown newspaper, The Buffalo News, about a convicted spammer. Day of reckoning for spammer -------------------------------------------------------------------------------- 'Real damage to victims'' leads to prison for sender of 850 million junk e-mails By MATT GRYTA News Staff Reporter 5/28/2004 Associated Press Howard Carmack is led from Erie County Court after being sentenced to 31/2 to seven years in prison. A victim of Internet spammer Howard Carmack, the Buffalo man sentenced to prison Thursday for sending 850 million junk e-mails, said Carmack's illegal message turned his life upside down. Richard D. Boltuck, a consultant in Washington, D.C., said Carmack's hijacking of his computers caused him to lose legitimate communications with clients and "created real crime and real damage to victims" such as himself. Boltuck reacted by phone after Erie County Judge Michael L. D'Amico gave Carmack the maximum sentence of 31/2 to seven years in prison for his crimes. Carmack, 37, of Parkridge Avenue, the first person convicted of illegal spamming in New York State, told D'Amico he regretted his crimes but then accused Attorney General Eliot L. Spitzer of treating him unfairly. "I don't see any victims," Carmack said. "I'm having a heck of a time figuring out why you think everybody is unfair to you," D'Amico said. "You think it's OK to take somebody's identity and use it for whatever purpose you want. You caused a great deal of harm to a lot of people." Carmack was convicted by a jury March 31 of defrauding the Internet service provider EarthLink; Boltuck; and seven other men in New York and Ohio. Assistant Attorneys General Paul F. McCarthy and Cydney Kelly said Carmack obtained EarthLink accounts in the victims' names or used their corporate e-mail addresses to sell products. Boltuck called the damage Carmack caused his reputation for integrity and good judgment "unquantifiable." He said he became aware of Carmack's scheme two years ago when he began receiving about 200 bounced-back messages returned to his e-mail address. He said he was shocked to learn that people worldwide were being left with the erroneous impression that he was promoting "the sale of dubious and embarrassing products" being pushed by Carmack. Boltuck said he learned that for every bounced or failed delivery attempt he became aware of, "a large number of similar messages were likely delivered successfully" by Carmack illegally using his e-mail address and damaging his reputation. EarthLink obtained a $16.4 million civil judgment against Carmack last May in Atlanta and sought the criminal conviction and prison term as further deterrents. EarthLink contended that Carmack ran 343 illegal e-mail accounts under false names until his arrest, also last May. Based on business and bank records and two computers seized at the home of Carmack and his mother, state prosecutors established that his illegal schemes netted him $60,000 to $70,000 annually. Karen Cashion, the EarthLink attorney who pressed its civil suit against Carmack, told The Buffalo News that Carmack's sentencing "sends a strong message to spammers that before they send one more spam e-mail, they should remember that what happened to Howard Carmack can happen to them." Cashion said EarthLink was pleased to provide Spitzer's prosecution team "evidence and testimony" that led to the lengthy prison term. "EarthLink will continue to investigate spammers and work with law enforcement with the same diligence that led to the Buffalo Spammer's jail sentence," Cashion added. After Thursday's sentencing, Carmack's attorney, Wayne C. Felle, who is appealing the 14-count conviction, said he was sure that Carmack's courtroom complaints were merely a display of his nervousness. Felle said Carmack has expressed to him genuine remorse for his misconduct. Share this post Link to post Share on other sites
VaBeachGuy 12 Posted May 29, 2004 I'm glad to see the crackdown on spam, it seems a bit harsh considering that some murderers don't even get that much prison time but I wouldn't argue for him. Share this post Link to post Share on other sites
Odie 0 Posted May 29, 2004 It maybe harsh, but it has to start somewhere. Too many people get hurt by spammers like Howard Carmack. Share this post Link to post Share on other sites
VaBeachGuy 12 Posted May 29, 2004 It maybe harsh, but it has to start somewhere. Too many people get hurt by spammers like Howard Carmack. I agree completely, and like I said I won't complain in his favor. I hate spam, I even get spam asking me to sell them the member list and email addresses from here so they can then spam everyone else here. To that the answer will always be the same. No! I just wish they (the courts) would also treat all violent crimes as strongly. Share this post Link to post Share on other sites
Beam me up 0 Posted May 29, 2004 I saw the 850 million pieces of junk mail bit. Anyone that spams that much deserves prison. Share this post Link to post Share on other sites
He Who Shall Not Be Named 2 Posted May 29, 2004 I saw the 850 million pieces of junk mail bit. Anyone that spams that much deserves prison. He should be made to write 850 million handwritten apologies, each one original. Share this post Link to post Share on other sites
Nemesis 0 Posted May 29, 2004 But I like spam, it's always thrilling to read Share this post Link to post Share on other sites
WEAREBORG4102 0 Posted May 29, 2004 The computer I'm on was flooded with spam and took hours to delete... Share this post Link to post Share on other sites
Odie 0 Posted May 30, 2004 I love it when all the important e-mails I get from family get lost in a spam. <_< Not <_< Share this post Link to post Share on other sites
mj 7 Posted May 30, 2004 Hooray for Earthlink, my internet provider! Go get 'em, Earthlink! I have no sympathy for this man. He is completely selfish, and does not even acknowledge the pain and problems for others he caused. Share this post Link to post Share on other sites