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Online Security, a global provider of computer forensics and information technology risk mitigation since 1997
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Original Source: http://www.servihoo.com/channels/kinews/v3news_details.php?id=43340&CategoryID=46
Spammer gets up to 7 years in slammer
[28 May 2004]
NEW YORK (AFP)
A man dubbed the "Buffalo spammer" and accused of sending out hundreds of millions of e-mail ads as part of a fraud scheme, was sentenced to up to seven years in prison, the judge said.
State judge Michael D'Amico in Buffalo, New York, said he handed down the sentence of 3-1/2 to seven years on Thursday for Howard Carmack, who was convicted earlier this year on 14 counts of forgery, fraud, identity theft and other crimes.
Carmack had been charged with stealing the identity of two Buffalo-area residents to open Internet access accounts with EarthLink, forging the headers of e-mails sent from the EarthLink accounts, and possessing a software program designed to create the forged e-mails.
According to court papers filed by EarthLink, Carmack used 343 stolen identities to sign up for e-mail accounts through which he sent about 825 million spam e-mails offering for sale spamming software, herbal sexual stimulants and bulk e-mail lists. Carmack allegedly got a share of the sales.
The prosecution was the first under New York's recently enacted identity theft statute.
EarthLink had earlier won a 16.4 million civil judgment against Carmack in May of last year.
"Before spammers send one more spam e-mail, they should remember that what happened to Howard Carmack can happen to them -- a lengthy prison sentence by the state, and a multi-million dollar civil judgment," said Karen Cashion, EarthLink's assistant general counsel, in a statement.
"EarthLink is pleased to have provided evidence and testimony in the criminal case against Howard Carmack. We're satisfied that todays sentencing sends a strong message to spammers, and EarthLink will continue to investigate spammers and work with law enforcement with the same diligence that led to the Buffalo Spammer's prison sentence."
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