Virginia Software Writer Pleads Guilty to Aiding and Abetting Detroit Spam Conspiracy

Virginia Software Writer Pleads Guilty to Aiding and Abetting Detroit Spam
Conspiracy

WASHINGTON, July 7 /PRNewswire-USNewswire/ -- An individual pleaded guilty
today in federal court in Detroit for his role in creating and marketing
software designed and used to send bulk commercial e-mails, known as "spam,"
in violation of the CAN-SPAM Act, announced Assistant Attorney General Lanny
A. Breuer of the Criminal Division and U.S. Attorney for the Eastern District
of Michigan Terrence Berg.

David S. Patton, 49, of Centreville, Va., pleaded guilty to aiding and
abetting violations of the CAN-SPAM Act committed by Alan Ralsky and Scott
Bradley of West Bloomfield, Mich., and others. Under the terms of his plea
agreement, Patton acknowledges he is facing up to six years in prison and
agrees to pay a fine of $3,000 while forfeiting $50,100 in proceeds from the
sale of his software.

The CAN-SPAM Act was passed by Congress in 2003 to address spam e-mails. The
criminal provisions of the act prohibit falsification of certain information
used in the transmission of e-mail, as well as the use of proxies to disguise
the identities of the individuals sending the e-mails.

According to court documents, from January 2004 through September 2005,
Patton, through his company Lightspeed Marketing Inc. developed, marketed,
sold and distributed customized software products and provided ongoing support
services. In his plea agreement, Patton acknowledged that the services he
provided enabled users to send large volumes of spam e-mail at high speeds and
disguise the true origin of the e-mails from recipients in order to evade
anti-spam filters, "blacklisting" and other spam-blocking devices and
techniques. These software products included, but were not limited to, the
software programs "Nexus" and "Proxy Scanner."

In his plea agreement, Patton admitted that he intentionally designed Nexus to
enable users to insert materially false information into the "headers" of the
spam e-mails it sent. Patton designed Proxy Scanner to enable users to make
use of third-party "proxy" computers to relay or retransmit spam e-mails and
in turn disguise their true origin. Patton admitted he sold both Nexus and
Proxy Scanner to Alan Ralsky and other customers, knowing that the two
software programs would be used to commit violations of the CAN-SPAM Act.
Patton also admitted that he provided ongoing support and product updates to
his Nexus and Proxy Scanner customers with the intent to assist them in
violating the CAN-SPAM Act.

Patton is the twelfth defendant charged in connection with the spam e-mail
operation run by Ralsky from January 2004 to September 2005. Ralsky and
Bradley, as well as Judy Devenow, John Bown, William Neil, James Fite, Francis
Tribble and How Wai John Hui all previously pleaded guilty for their roles in
conspiring to commit violations of the CAN-SPAM Act and other offenses,
including wire fraud, mail fraud, computer fraud and money laundering.

Also indicted in the case were defendants Anki Neil, James Bragg and Peter
Severa. An indictment is merely an accusation. All defendants should be
presumed innocent until and unless the government proves their guilt beyond a
reasonable doubt in court.

The charges arose after a three-year investigation led by the FBI, with
assistance from the U.S. Postal Inspection Service and IRS - Criminal
Investigations, revealed a sophisticated and extensive spamming operation. The
case is being prosecuted by U.S. Attorney Terrence Berg and Trial Attorneys
Thomas Dukes and Mona Sedky Spivack of the Criminal Division's Computer Crime
and Intellectual Property Section.

SOURCE U.S. Department of Justice

U.S. Department of Justice Office of Public Affairs, +1-202-514-2007, TDD,
+1-202-514-1888