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Press Release
For Immediate Release April 29, 2004 |
CRM
(202) 514-2008 TDD (202) 514-1888 |
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Assistant Attorney General Christopher A. Wray of the Criminal Division
and U.S. Attorney Jeff Collins of the Eastern District of Michigan today
announced the arrest of two Detroit-area men allegedly responsible for
sending hundreds of thousands of commercial electronic mail messages advertising
diet patches and other devices, while using false and fraudulent headers
to hide their identities. In a related matter, the Federal Trade Commission
worked in conjunction with the U.S. Attorneys Office and has filed
a civil actions against the defendants. "This prosecution, the first under the CAN-SPAM Act, clearly demonstrates
the benefits of a concerted effort by the Department of Justice, the Federal
Trade Commission and Internet service providers," said Assistant
Attorney General Wray. "We will not allow marketers who barrage the
public with unwanted commercial e-mail to prey on consumers, businesses
and families." According to court documents, the four defendants named in the complaint
are allegedly responsible for sending out hundreds of thousands of messages
advertising medical and other products, which resulted in over 10,000
complaints to the Federal Trade Commissions unsolicited electronic
mail database since Jan. 1, 2004. The complaint also alleges that the
defendants were responsible for devising a scheme to defraud others by
selling these medical devices via the U.S. Mail by means of false and
fraudulent representations, in violation of the mail fraud statute. Felony violations of the CAN-SPAM Act carry a penalty of up to three or five years imprisonment. Violations of the mail fraud statute carry a penalty of up to 20 years imprisonment. The charges outlined in the complaint are only accusations and the defendants
are considered innocent until proven guilty in a court of law. |
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