http://www.ajc.com/business/content/...8spammers.html
It wouldn't be the first time an EarthLink spamming case led to criminal prosecution. In 2003, Howard Carmack of Buffalo, N.Y., was arrested and prosecuted for four felony counts and two misdemeanors, based on an EarthLink civil spamming case that resulted in a $16.4 million judgment. His trial on the criminal charges is to begin in March.
"At this point in the case, I can't characterize anyone as a criminal," Wellborn said of the Alabama Gang. "But I can say they are professional e-mailers."
Karen Cashion, an in-house lawyer for EarthLink, said the company faced its most severe technological challenge yet as it tried to identify the spammers. Web sites advertising the gang's products popped up like mushrooms and disappeared as quickly.
Because of the number of fraudulent Internet accounts, it was difficult to identify all of the computers used by the spammers, EarthLink said.
"We know of at least 100 of these fraudulent accounts," Wellborn said, and each account sent millions of spam e-mails.
EarthLink says it's impossible to know exactly how many e-mails were sent, or whether the gang is still operating.
"The more sophisticated the spammer, the more difficult it is to know," Wellborn said. "It's like the question: Who's the best counterfeiter in the world? That's the person who was never caught. So this may just be the tip of the iceberg."
The spammers felt at home with the technology of the Internet, Wellborn said.
"They co-located computer equipment at a tiny Alabama ISP," Wellborn said. "Then they set it up in such a way that the e-mailer could remotely contact that equipment and cause it to dial in to EarthLink" to send spam.
Alabama connection
One of the alleged spammers had a commercial account at the Alabama Internet service provider, he said. Wellborn would not name that spammer, or the Internet provider. He said he had no reason to believe the company knew the equipment was being used to send spam.
Also named in the lawsuit are Albert Andoot of Woodland Hills, Calif.; Net Global Marketing of Los Angeles; Andy Pope of either Tennessee or Nevada; Scott Maslowe of Michigan; Fred Lusky of Michigan; Debbie Cawdrey of Medina, Tenn.; Michael Starnes of Las Vegas; Netbenders LLC of Southfield, Mich.; ISN, LLC, also of Southfield; Marc Milline, also known as Mark Valentino, of Orlando; David Burstyn of Florida; Pathing Networks of Carson City, Nev.; Herbal Groups of Valencia, Calif.; and Path Galvin, also of Valencia.
The EarthLink lawsuit also names two alleged spammers in a case unrelated to the Alabama Gang: Steve Goodwin of Des Moines, Iowa, and his brother, Derek Goodwin of North Platte, Neb.
It wouldn't be the first time an EarthLink spamming case led to criminal prosecution. In 2003, Howard Carmack of Buffalo, N.Y., was arrested and prosecuted for four felony counts and two misdemeanors, based on an EarthLink civil spamming case that resulted in a $16.4 million judgment. His trial on the criminal charges is to begin in March.
"At this point in the case, I can't characterize anyone as a criminal," Wellborn said of the Alabama Gang. "But I can say they are professional e-mailers."
Karen Cashion, an in-house lawyer for EarthLink, said the company faced its most severe technological challenge yet as it tried to identify the spammers. Web sites advertising the gang's products popped up like mushrooms and disappeared as quickly.
Because of the number of fraudulent Internet accounts, it was difficult to identify all of the computers used by the spammers, EarthLink said.
"We know of at least 100 of these fraudulent accounts," Wellborn said, and each account sent millions of spam e-mails.
EarthLink says it's impossible to know exactly how many e-mails were sent, or whether the gang is still operating.
"The more sophisticated the spammer, the more difficult it is to know," Wellborn said. "It's like the question: Who's the best counterfeiter in the world? That's the person who was never caught. So this may just be the tip of the iceberg."
The spammers felt at home with the technology of the Internet, Wellborn said.
"They co-located computer equipment at a tiny Alabama ISP," Wellborn said. "Then they set it up in such a way that the e-mailer could remotely contact that equipment and cause it to dial in to EarthLink" to send spam.
Alabama connection
One of the alleged spammers had a commercial account at the Alabama Internet service provider, he said. Wellborn would not name that spammer, or the Internet provider. He said he had no reason to believe the company knew the equipment was being used to send spam.
Also named in the lawsuit are Albert Andoot of Woodland Hills, Calif.; Net Global Marketing of Los Angeles; Andy Pope of either Tennessee or Nevada; Scott Maslowe of Michigan; Fred Lusky of Michigan; Debbie Cawdrey of Medina, Tenn.; Michael Starnes of Las Vegas; Netbenders LLC of Southfield, Mich.; ISN, LLC, also of Southfield; Marc Milline, also known as Mark Valentino, of Orlando; David Burstyn of Florida; Pathing Networks of Carson City, Nev.; Herbal Groups of Valencia, Calif.; and Path Galvin, also of Valencia.
The EarthLink lawsuit also names two alleged spammers in a case unrelated to the Alabama Gang: Steve Goodwin of Des Moines, Iowa, and his brother, Derek Goodwin of North Platte, Neb.
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