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"Buffalo Spammer" Gets 3.5 to 7 Years

CmdrTaco posted more than 10 years ago | from the serves-him-right dept.

Spam 671

jfruhlinger writes "Howard Carmak, aka the 'Buffalo spammer,' has been sentenced to jail time for his spamming activities. Interestingly, the conviction was not for spamming per se, but rather stealing someone's identity, which he then used to launch his spam messages."

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3.5-7 Seems a little light (5, Insightful)

KoriaDesevis (781774) | more than 10 years ago | (#9269305)

From the article:

The jail sentence is the maximum allowed under the law, due to Carmack's prior felony conviction for fraud in a federal case involving fake money orders, McCarthy said.

7 years is the maximum for identity theft? That actually seems a little light. I would think they'd lock him away for 15-20 for something like that. Theft + potentially ruining someone else's credit and/or reputation.

It serves him right.... (5, Funny)

millahtime (710421) | more than 10 years ago | (#9269306)

It serves him right for stealing identities. I am still in counseling for getting that email from my grandma telling me to enlarge my penis.

Hurrah for Erie County! (3, Informative)

YankeeInExile (577704) | more than 10 years ago | (#9269307)

The jail sentence is the maximum allowed under the law, due to Carmack's prior felony conviction for fraud in a federal case involving fake money orders, McCarthy said.

And from another article ...

Carmack is accused of stealing credit cards and identities to fraudulently buy 343 EarthLink accounts to send shady and unwanted e-mail for such things as herbal therapy. Prosecutors said they do not yet know how he acquired the credit card information. He is also accused of banking fraud and other illegal activities arising from his spam operation, which authorities believe he operated on his own.

But your honor, I was trying to run an HONEST business of stealing peopele's time and identitiy! Now I'll have to go back to mail fraud!

I hope he enjoys his term in state pound-me-up-the-ass prison. This is the only thing that will curtail the (domestic) spam problem. Harsh, painful prison sentences.

@:o (0)

Anonymous Coward | more than 10 years ago | (#9269308)

@:o

Hah (0)

Anonymous Coward | more than 10 years ago | (#9269311)

Hopefully this will set an example for all other spammers...

Go Bush er... wait (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#9269313)

I want to say "go Bush administration" but I'll be modded as flamebait because we all know Bush is evil. Right?

first!!! (0)

Anonymous Coward | more than 10 years ago | (#9269316)

woohoo

A little advice... (0)

Anonymous Coward | more than 10 years ago | (#9269317)

Tell everyone you are in for murder. You'll probably be treated better. Oh and Soap on a Rope.

there goes that doom III release date.. (0, Offtopic)

openSoar (89599) | more than 10 years ago | (#9269319)

oh, wait..

shall we start taking in a collection? (4, Insightful)

tuxette (731067) | more than 10 years ago | (#9269322)

He'll surely need a large amount of cigarettes and contraband as dowry for his marriage to Big Bubba.

Will be spamming his appeal... (4, Funny)

Omega (1602) | more than 10 years ago | (#9269325)

He also announced he planned to spam his appeal to every court in the country.

Hello, (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#9269331)

my name is Jesda Gulati, I am a fat, failed politician who has a Napoleonic complex. I kick and ban people from #politics on efnet. The reason I do this is that I cannot see my penis over the rolls of fat that I have. Please take note of my name, JESDA GULATI, never vote for me.
Public courtesy message from all (CanOfSpam, BoxOfCorn, AznSenszn, aka JESDA GULATI, dont vote for Fat Big Indians (FBI).)

Spammers should get no punishment (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#9269332)

Spam is fun. Ha ha ha@ complainers.

first post! (0)

Anonymous Coward | more than 10 years ago | (#9269333)

YEAH!

Let this be a lesson to you (1)

drinkypoo (153816) | more than 10 years ago | (#9269336)

You can break most of the laws, all of the time, and all of the laws some of the time, but you can't break all of the laws all of the time.

Just think, if Capone had paid his taxes...

No matter what he was convicted for... (1)

i8a4re (594587) | more than 10 years ago | (#9269338)

it's still one less spammer!

Range (1)

supe (163410) | more than 10 years ago | (#9269339)

Send him to South Dakota to graze!

My advice... (1)

frodo from middle ea (602941) | more than 10 years ago | (#9269340)

On the first day of the prison, either beat the crap out of someone, or become someone's bitch....

Sorry couldn't resist.

Good... (5, Insightful)

hookedup (630460) | more than 10 years ago | (#9269341)

The old cop trick, cant get em for what the biggest problem is, get them for what you can.

Should be this way more often, arrest spammers for using machines they have no proper access to, not for just for spamming.

Good. (1)

Lostie (772712) | more than 10 years ago | (#9269342)

It truly warms my heart to think that instead of sending out his crap, he will be spending his days picking up bars of soap from the prison showers :)

Hurrah for Erie County! (-1, Redundant)

YankeeInExile (577704) | more than 10 years ago | (#9269344)

The jail sentence is the maximum allowed under the law, due to Carmack's prior felony conviction for fraud in a federal case involving fake money orders, McCarthy said.

And from another article ...

Carmack is accused of stealing credit cards and identities to fraudulently buy 343 EarthLink accounts to send shady and unwanted e-mail for such things as herbal therapy. Prosecutors said they do not yet know how he acquired the credit card information. He is also accused of banking fraud and other illegal activities arising from his spam operation, which authorities believe he operated on his own.

But your honor, I was trying to run an HONEST business of stealing peopele's time and identitiy! Now I'll have to go back to mail fraud!

I hope he enjoys his term in state pound-me-up-the-ass prison. This is the only thing that will curtail the (domestic) spam problem. Harsh, painful prison sentences.

It would be nice... (0, Offtopic)

Mz6 (741941) | more than 10 years ago | (#9269346)

.. if the freeking comments worked!

throng dong (0)

Anonymous Coward | more than 10 years ago | (#9269349)

suck it

Claimed! (1)

Marijuana al-Shehi (609113) | more than 10 years ago | (#9269350)

Yes.

Death To Spammers (0)

Anonymous Coward | more than 10 years ago | (#9269351)

Not enough!

Bye bye, Howard, it's been fun reading about you. (4, Insightful)

The I Shing (700142) | more than 10 years ago | (#9269353)

Everybody, sing along, loud enough so that Howard can hear you all the way over in the Erie County Holding Center!

Nah nah... nah nah nah nah... hey hey hey... good-BYE!

When I read that Howard Carmack told Earthlink, "Nothing is in my name, so you'll never catch me," all I could think was, you arrogant, silly man. These are government agents and corporate attorneys that you're up against. You're an overweight criminal in his mid-30s who lives in a shack in Buffalo. I think they're gonna catch you, and right quick.

Sure enough, they did. In addition to his prison time, Carmack has a multi-million-dollar judgment against him from Earthlink for his misuse of their network.

Have fun in prison, Howard!

Finally (1)

DoctorHoe (635071) | more than 10 years ago | (#9269356)

Maybe this will send a messages to those spamming scum!

as much... (1)

Digitus1337 (671442) | more than 10 years ago | (#9269357)

As much as I'd like to hope that this would send a message, I really don't think it will. Think RIAA, yes we hate them more than pirates (the average person does rather), but they still won't care.

too bad (0)

Anonymous Coward | more than 10 years ago | (#9269364)

too bad.....

What now? (0)

Anonymous Coward | more than 10 years ago | (#9269365)

Where the world is going to? Now they are spamming Buffalos too!!! Who's next: Roger Rabbit? :P

by calling the Buffalo Spammer, (1)

Savatte (111615) | more than 10 years ago | (#9269370)

he is degrading the good name of buffalo wings. How about something like mayonnaise spammer?

Finally he'll stop sending... (3, Funny)

Begemot (38841) | more than 10 years ago | (#9269373)

..."enlarge your ... today", 'cause he's not gonna like it.

Just to beat you to the punch... (0)

sfjoe (470510) | more than 10 years ago | (#9269374)



Commercial speech does not (nor should it) enjoy 1st Amendment protections.
Now, if we could just lock up the people behind those annoying lite beer commercials.

Sounds to me a little excessive (1, Insightful)

Anonymous Coward | more than 10 years ago | (#9269376)

Though I hate spam as much as the next person, this sounds like it qualifies as cruel and unusual punishment.

How they got Capone as well (1)

ajiva (156759) | more than 10 years ago | (#9269378)

That's how most of the old time gangsters were taken down as well. Since its hard to get people to speak up about the racketerring, and the killing, etc. Just get them for tax evasion (how do you argue with numbers!). Same here, can't get them for SPAM, get them for something thats easy to prove! YEAH...

It's a shame that he didn't get nailed for spam (1)

Dasein (6110) | more than 10 years ago | (#9269382)

Because he didn't get nailed for the act of spamming but some other related offense that means that others may not be a deterred.

indentity?? (0)

Anonymous Coward | more than 10 years ago | (#9269383)

what is an indentity ??

That reminds me... (2)

Short Circuit (52384) | more than 10 years ago | (#9269384)

...of an old case I read about in Cliff Stoll's The Cuckoo's Egg.

A cracker was convicted in Canada in the 80s of "stealing electricity" instead of breaking into a computer.

conviction time (2, Insightful)

Kallahar (227430) | more than 10 years ago | (#9269385)

"The jail sentence is the maximum allowed under the law, due to Carmack's prior felony conviction for fraud in a federal case involving fake money orders, McCarthy said."

Hopefully this implies that the government is realizing that most spammers are already criminals, email is just a new venue to commit the fraud.

I realize (1)

ResQuad (243184) | more than 10 years ago | (#9269389)

that he wasnt arrested for spamming. But eventually enough of these spammers will be arrested (for one reason or another), and hopefully a lot less will spam. Never is spam going to be completly gone, but it will stop all the little small time spammers, and just leave it for the big fish.

Or at least I hope. No Spam is good.

Smart (0)

Anonymous Coward | more than 10 years ago | (#9269390)

Steal identity, get caught for spam. haha sucks to be him

nice precedent (2)

wmeyer (17620) | more than 10 years ago | (#9269395)

The sentence is unfortunately light, but the precedent is nice to see.

Finally! (0)

Anonymous Coward | more than 10 years ago | (#9269407)

Too bad he was convicted under identity theft law though and not jsut for spamming...

Whatever it takes... (4, Insightful)

GPLDAN (732269) | more than 10 years ago | (#9269410)

Capone went to prison (Alcatraz) on tax evasion. I'd love to see the IRS audit all spammers they can get ahold of. It might drive them offshore, but then we might have a chance at the ISP level to blacklist IP ranges for SMTP traffic.

SPF is a good idea, I get tired of that checklist that says why your idea won't work. It's pedantic and discourages good ideas from being discussed.

If SPAM is allowed to thrive offshore, I see a time when service providers like AT&T are asked to track SMTP and provide governments the figures for - you guessed it - tariffs.

I wish I could sneek money into the prison, (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#9269413)

so I could pay someone to fuck him 'til he bleeds.

Cellmate (4, Funny)

blackmonday (607916) | more than 10 years ago | (#9269414)

Here's hoping that his cellmate took a steady supply of penis enlargement pills and herbal viagra.

more yrs (0)

Anonymous Coward | more than 10 years ago | (#9269417)

Thats IT!! MORE!

May I be the first to say... (1)

MagiGraphX (767644) | more than 10 years ago | (#9269418)

WHOO! Finally he's gone! What took them so damn long?

Shouldn't they have... (4, Funny)

CSG_SurferDude (96615) | more than 10 years ago | (#9269420)

Shouldn't they have executed him like they do virus writers? [slashdot.org]

fair enough (0)

Anonymous Coward | more than 10 years ago | (#9269422)

The boy was a cock, justice has been served.

Line 'em Up (1)

ackthpt (218170) | more than 10 years ago | (#9269423)

but rather stealing someone's indentity, which he then used to launch his spam messages."

This describes a few people who are using mine to blast their garbage, even at me. I'd gladly collect and turn the evidence over to anyone willing to prosecute.

mmmm (0)

Anonymous Coward | more than 10 years ago | (#9269425)

mmmmm...buffalo spam

Is this thing working? (0)

Anonymous Coward | more than 10 years ago | (#9269430)

Hello?

So saying that spammer get jail time.. (1)

mrhandstand (233183) | more than 10 years ago | (#9269431)

isn't really accurate...it's identity theif get jail time. No news here...move along folks.

FP (0)

Anonymous Coward | more than 10 years ago | (#9269433)

FP

Which jail? (1)

ospirata (565063) | more than 10 years ago | (#9269435)

Which jail will Buffalo go? A farm at Iowa, a corral?

In case he gets death penalty, will his execution be at a slaughter house?

Umm (1)

ad0gg (594412) | more than 10 years ago | (#9269436)

At first I thought the government was finally cracking down on spamming but in reality its just simple identity theft. He would have been treated the same if he was using identity theft for other activities. I'm glad he's in jail though, but just wished it was for spamming.

good (1, Funny)

Anonymous Coward | more than 10 years ago | (#9269437)

Why don't we just inplant a chip in spammers heads that shock them every time they try to use modern technology? Microwave a TV dinner? shock. Send an email? shock. Try to hijack my computer to send out spam? shock. I think there is a sci-bi book (or twelve) with that premise.

indentity? (0)

Anonymous Coward | more than 10 years ago | (#9269438)

How do you steal someone's indentity? I'll bet english teachers everywhere will revolt if people lose the ability to indent.

Bravo everyone! We all had a part in this. (4, Interesting)

Weaselmancer (533834) | more than 10 years ago | (#9269440)

These days, it's a truth that most spammers have to break other laws to try to get their spam out. It's not like the old days of open relays and a trusting email network. Now, we have worm exploits, stolen identities, account phishing, hacked boxes...the list goes on and on.

We can pat ourselves on the back here, I think. Now that we're as a community becoming aware of the spam problem and doing something about it (like closing down open relays and blocking those who don't), spammers now have to break other laws to get their crap through.

And that makes them targets for prosecution. So, let's all give ourselves a round of applause here. If you closed an open relay, or wiped out a worm, you contributed to this!

Let's all keep up the good work.

Weaselmancer

Good (2, Insightful)

TheRealMindChild (743925) | more than 10 years ago | (#9269441)

Burn the jerk.

But I have mixed feelings on this. If it was 3.5-7 for spamming, I would certainly say that is appropriate, but for identity theft? This is something that RUINS peoples lives. In a lot of cases, the vitims propogate their anguish to loved ones etc... and some even go as far as committing suicide. Actually, it stinks of the same horror as rape... you come out the other side ruined and broken... and 7 years isnt sufficient.

I personally believe we need to get things back in perspective. If you destroy someones life, whether physically, or otherwise, you should lose yours. You arent fit for our society. BURN.

Buffalo Spammer (0)

Anonymous Coward | more than 10 years ago | (#9269443)

dreadlock bastard,

There was a buffalo spammer,
In the heart of America

Stolen identity,
Spreading insanity,

Driven from his own home,
To the heart of a cold prison

(sorry to Bob Marley & The Wailers, btw this buffalo spammer deserves his punishment, don't he?)

Hmmmm,,,,, this raises the question (0)

Anonymous Coward | more than 10 years ago | (#9269448)

Would you like an extra 3 to 7 inches. SUre we all would. THat's why if you sign up for Mega stretch, you too can have a longer effect.

Some of the longest sentences in history... (2, Insightful)

TheTranceFan (444476) | more than 10 years ago | (#9269449)

Some of the longest jail sentences in US history were the result of convictions for stealing US mail: one year per piece of mail stolen.

It's a good thing for this guy that sentencing for spam doesn't work like that: he supposedly sent 800 million emails using the two identities he stole.

Then again, it wasn't a spam law under which he was convicted and sentenced. But put a few spammers away for 800 million years, and it might help in the neverending fight.

/"You get out of jail about when the Sun has expanded to the size of Mars' orbit."

Glad he was caught, and for the right reasons (4, Insightful)

dirk (87083) | more than 10 years ago | (#9269450)

I am glad this guy was caught and convicted, and I'm glad it wasn't for spamming. It always amazes me how people want new laws targetting spam, but most of what the worst spammers do is already against the law and they can be targetted for that. Advertising fraudulent products is against the law. Pyramid schemes are against the law. Hacking someone's system and sending email from there is illegal. I have no problem with spam that doesn't the law in the sending. If you have a legitmate email account and send email from it, and don't make false claims, then you are using the email system as intended.

If you want to go after spammers, there are plenty you can go after suing existing laws. We don't need new laws specifically for spam anymore than we need new laws specifically for music sharers. Use the existing laws.

Identity theft (2, Insightful)

jroop (772952) | more than 10 years ago | (#9269456)

It certainly would appear that identity theft is perhaps the best way to prosecute these spammers. If they are not using their own address, then they are stealing the use of someone elses. If they can successfully prosecute a series of these cases, spammers may be forced to use their real addresses. At least the ethical ones... hahahahah.. sorry

For what its worth, MD just increased the penalties for spammers.

jr

Keeping fingers crossed (0)

Anonymous Coward | more than 10 years ago | (#9269457)

I hope he drops his bar of soap in the shower. A LOT!

Couldn't be happier... (1)

Kiriwas (627289) | more than 10 years ago | (#9269458)

I really couldn't be happier with the way this is turning out. I hate spam as much as the next guy, but all of this is leading to a lot of legislation I'm not sure I want there. Thats a matter of opinion and I don't truly want to debate. What IS true here without a doubt is that many spammers are engaging in illegal activities in addition to spamming. Spammers are BAD people and there are things they deserve to go to jail for other than that.

A good samaritan goes down... (1)

Humorously_Inept (777630) | more than 10 years ago | (#9269459)

All he ever wanted to do was help you improve your sex life, get a great deal on a mortgage, and improve your job prospects with an instant Ph.D. from the University of Southern Uganda. Now look at how we shun this man among men.

Can I post now... (0)

Anonymous Coward | more than 10 years ago | (#9269463)

or am i still banned?
hrmmmm...

Good (1)

Satan Dumpling (656239) | more than 10 years ago | (#9269464)

/me applauds the jury.

s'ok (1)

billimad (629204) | more than 10 years ago | (#9269465)

I run aberdeen angus and was completely unaffected by this.

One word: (0)

Spudley (171066) | more than 10 years ago | (#9269466)

Good.

CUT HIS BALLS OFF (0)

Anonymous Coward | more than 10 years ago | (#9269468)

no really

no more mail. (1)

theirishman (749404) | more than 10 years ago | (#9269469)

looks like no more mailing for me.. :(

Good way to get the spammers (1)

genkael (102983) | more than 10 years ago | (#9269470)

Wouldn't it be considered fraud to make an email appear from someone other than the real sender or on behalf of the real sender? It is theft to steal or hide behind another persons ID as your own.

Jail? (0)

Anonymous Coward | more than 10 years ago | (#9269471)

Kill them all! C'mon!

And there was much rejoicing.... (1)

m2bord (781676) | more than 10 years ago | (#9269472)

YEA!!!

The black sheep of the family. (1)

hanssprudel (323035) | more than 10 years ago | (#9269474)


"Why can't you be more like your brother John, Harold? Simulating bloody massarcres and building amateur ICBMs: that's normal! The viagra adds in the neighbors mailboxes have to stop!"

Sheesh, what a weak article (1)

fair_n_hite_451 (712393) | more than 10 years ago | (#9269476)

No mention of what the counts were (other than the vague mention of being related to identity theft) exactly.

Is this precedent setting for spam cases, or is this just more case law for identity theft?

No link for further details...if I didn't know better, I'd suggest it was written by a regular Slashdot commenter who couldn't be bothered to do any more leg work to support their point.

So, any one know of a link for more information?...

Excellent! (0)

Scott Lockwood (218839) | more than 10 years ago | (#9269479)

Now, if we can just get them to start using the guillotine again...

Stick him in a corner! (0)

Anonymous Coward | more than 10 years ago | (#9269480)

They should put this guy in a small cell with nothing but a TV and a bed, and force him to watch nothing but annoying commercials all day long. At the end of a long day of being berated by advertisements for things he doesn't want or can't use, he'll look forward to 'lights out' - until they start piping the radio commercial network into his cell. Until he's been the recipient of 800 million plus useless advertisements, justice has not been served.

Finally (0)

Anonymous Coward | more than 10 years ago | (#9269481)

...some folks seeing jailtime for causing my delete key to wear out early!

Get these l0s3rs any way you can. (1)

evdp (761639) | more than 10 years ago | (#9269482)

I'm glad they got this guy, I hope this is a preview of things to come!

Could it be.. (1)

ernstp (641161) | more than 10 years ago | (#9269484)

..a second for every spam mail he sent?

Rats (0)

Anonymous Coward | more than 10 years ago | (#9269486)


I thought his name was 'Carnack,' for those old enough to remember when Johnny Carson was host of the tonight show.

Was gonna say he shoulda seen this comin'.

Had to be said... (1)

axis-techno-geek (70545) | more than 10 years ago | (#9269489)

"Tatonka"

Good! (1)

SirFozzie (442268) | more than 10 years ago | (#9269490)

Now I wonder if Snotty Scotty Richter is worried.. He Should Be

Mmmmm... (1)

14erCleaner (745600) | more than 10 years ago | (#9269491)

Buffalo spam...yummy...

I'll be impressed... (1)

FrYGuY101 (770432) | more than 10 years ago | (#9269492)

when spammers get the same penalty as Virus writers [slashdot.org] .

What... you mean they weren't serious about the death penalty? Maaaan... why you gotta be teasing us like that!

Sweet (0)

Anonymous Coward | more than 10 years ago | (#9269493)

soon to be Buffalo "Federal Pound Me In The Ass" Spammer. Don't drop the soap, dude. Hope you got that penis enlargement done prior to incarceration.

We need more of these prosecutions. Many more.

Inbox Clorox says... (1)

JeremyFlavored (747992) | more than 10 years ago | (#9269495)

lock it up...throw away the key

Another example of old laws still relevant today (4, Insightful)

hpulley (587866) | more than 10 years ago | (#9269497)

Often here we see that new technology doesn't necessarily require new laws. Arresting and charging a spammer using someone else's identity to avoid being caught and held responsible is a good way to round these people up. It avoids the free speech issues completely.

So now (1)

iminplaya (723125) | more than 10 years ago | (#9269500)

We have to pay for his bed, three squares, and medical bills, etc.? Instead of taking his property and garnishing his income for many years for a net profit for the state? Highly illogical, and very emotional. Ah, sweet revenge. Ain't it beautiful?

Good Riddance! (1)

justkarl (775856) | more than 10 years ago | (#9269501)

In the words of an X-man:
'Nuff said.

so he.. (0)

Anonymous Coward | more than 10 years ago | (#9269504)

stole someone's identity and got time for it? What's the interesting part, that he happened to do it for the purpose of spamming? Doesn't seem like big news, really.

hahaha (0)

Anonymous Coward | more than 10 years ago | (#9269506)

Spammers Die! FP!

FP (0)

Anonymous Coward | more than 10 years ago | (#9269510)

FP hahaha

where the fuck.. (0)

Anonymous Coward | more than 10 years ago | (#9269511)

..is the first post?!

Not Surprising (1)

RazzleFrog (537054) | more than 10 years ago | (#9269512)

As has been said a million times it will be hard to convict somebody for spamming but it is a lot easier to get identity theft and good old fashioned fraud to stick.
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