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April 1, 2004

Spammer faces jail time on fraud conviction

Spammer Howard Carmack has been convicted on 14 counts of identity theft and forgery, according to EarthLink Inc, the ISP that was responsible for tracking Carmack down. He faces jail time of between two and seven years.

By CBR Staff Writer

EarthLink refers to Carmack as the Buffalo Spammer. According to The Buffalo News, New York state prosecutors said Carmack was making $60,000 to $70,000 a year sending spam using 343 fraudulently obtained email accounts.

The criminal case was launched last year largely as a result of EarthLink’s private civil prosecution, in which it was awarded a $16.4m judgment. The firm does not expect it will be able to collect, but said it wanted to make an example.

EarthLink said its abuse manager Mary Youngblood and outside counsel Pete Wilson both provided testimony in the criminal trial. The criminal charges were filed under New York state identity theft legislation not directly related to spam.

The Buffalo News reported that Carmack had a prior fraud conviction and spent some time in prison in 1997. He will be sentenced in May, but his attorneys intend to appeal the conviction, the paper reported.

This article is based on material originally published by ComputerWire

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