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Jebuz Jones

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From http://www.buffalonews.com/editorial/20040401/1048828.asp

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ERIE COUNTY COURT

Spammer convicted, faces time in prison

By MATT GRYTA

News Staff Reporter

4/1/2004

Howard Carmack did not testify.

Howard H. Carmack, known as the Buffalo spammer, was convicted Wednesday of illegally sending hundreds of millions of commercial e-mails.

The conviction followed four hours of deliberations after a four-day trial before Senior Erie County Judge Michael L. D'Amico. A jury found Carmack, 37, guilty as charged on 14 counts covering forgery, identity theft, falsifying business records and criminal possession of a forgery device.

Carmack, whose arrest last spring drew national attention, showed little reaction to the verdict.

He was jailed minutes after his conviction - the first of its kind in New York State.

Prosecutors Paul F. McCarthy and Cydney Kelly of the state attorney general's office said Carmack's conviction sends a message to illegal spammers.

Carmack, of Parkridge Avenue, served a brief federal prison term on a 1997 fraud conviction and still faces fraud charges in Pennsylvania. He faces a mandatory prison term of two to seven years when sentenced May 27.

Carmack, who did not testify or present any alibi witnesses, was convicted of defrauding the EarthLink Internet service and eight men from New York State, Ohio and Washington, D.C., by either fraudulently obtaining EarthLink accounts in their names or using their corporate e-mail addresses to sell products.

Kelly and McCarthy said EarthLink officials, who obtained a $16.4 million judgment against Carmack last May in Atlanta, contend Carmack ran 343 illegal e-mail accounts under false names from 2002 until his arrest last May.

Karen Cashion, EarthLink's assistant general counsel, who led the civil case against Carmack, said the Buffalo spammer's conviction "puts spammers on notice that in addition to being held liable for millions of dollars in civil damages, they can also be sent to prison for their intrusive and illegal e-mails."

Wayne C. Felle, Carmack's attorney, said the conviction will be appealed.

Based on the seizure of business and bank records and computer equipment from Carmack's home May 13, state prosecutors contended he was making $60,000 to $70,000 annually until his scheme was shut down.

In their closing arguments, prosecutors emphasized that spam is legal and said Carmack was not being prosecuted for being a spammer, but for identify theft and forgery-related Internet crimes.

The prosecutors stressed that a "black book" FBI agents seized from Carmack's own bedroom contained the names and information about all eight men victimized by the scheme and an EarthLink toll-free phone number for setting up service accounts.

e-mail: mgryta[at]buffnews.com

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Give him the chair! Or lethel injection... or whatever they have there in NY...

Edited by EOC_Jason

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