Press Release
For Immediate Release
February 10, 2004
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U.S. Department of Justice
United States Attorney
Roscoe C. Howard, Jr.
District of Columbia
Judiciary Center
555 Fourth St., N.W.
Washington, D.C. 20530
For More Information Contact:
Channing Phillips
Public Affairs
(202) 514-6933
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Washington, D.C. - United States Attorney Roscoe C. Howard, Jr. and FBI
Assistant Director in Charge Michael A. Mason of the FBI's Washington
Field Office announced that Andre Pnewski, 20, of St. Paul, Minnesota,
pleaded guilty yesterday before the Honorable Alan Kay, United States
Magistrate Judge, to one count of Criminal Copyright Infringement, in
violation of Title 17, U.S.C. § 506(a)(2) and Title 18, U.S.C. §2319(b)(3)
for the illegal sales of motion pictures via the Internet. Following entry
of the guilty plea, Pnewski was sentenced to 6 months of home detention
with electronic bracelet monitoring, 4 years of probation, and restitution
in the amount of $7,170.00, which Pnewski must pay to the Motion Picture
Association of America. The court also signed a consent decree, which
Pnewski signed as part of the plea agreement, for the forfeiture and destruction
of computer equipment he had used to reproduce the motion pictures and
numerous CD-Rs (recordable compact disks), on which he had recorded motion
pictures, seized from his Minnesota residence pursuant to a search warrant
obtained by the FBI.
The plea arose in connection with Pnewski's sales of copies of motion
pictures that were "pirated" CDs advertised on e-Bay and via
e-mail addresses operated by Pnewski, the first such federal prosecution
in the United States. According to information presented to the court
by Assistant United States Attorney Sherri L. Schornstein, the motion
pictures that were pirated included "The Hulk"; "The Matrix
Reloaded"; and "The Lord of the Rings, The Two Towers".
At the time of his arrest, Pnewski told FBI agents that he downloaded
movies through a peer-to-peer software application known as eDonkey. He
also stated that he had seen the FBI warning at the beginning of the movies,
but never paid attention to it. He stated that he didn't think it was
wrong to sell the movies, he just wanted to make some money.
U.S. Attorney Howard stated that, "Intellectual property crimes such
as this are nothing less than the theft of other people's hard work, efforts,
and artistic talents. These crimes have a negative impact on the music,
motion picture, and software industries and we will aggressively prosecute
these cases."
According to information presented to the Court, Pnewski initially solicited
prospective buyers through auction sites on eBay. Using the eBay user
name, "Movieguyz," he circumvented eBay's abuse protections
and signed up under different alias names. A buyer who posted a bid received
an e-mail from Pnewski telling him or her not to bid and that the only
way to get movies was to e-mail Pnewski directly at an e-mail address
he provided. From approximately March 24, 2003 through August 13, 2003,
Pnewski operated from the e-mail addresses "y2dre1@comcast.net@ and
Aithasumixrd@yahoo.com" from which he offered for sale numerous CDs
of motion pictures and from which an FBI undercover agent purchased 16
CDs from him for prices ranging from $19.00 to $55.00 per unit. The purchases
were shipped to Washington, D.C. via the U.S. mail. The CDs were "pirated"
copies of copyright- protected motion pictures, that is, copies made without
the permission of the copyright owners. Other sales transacted by Pnewski
were documented in the government's investigation through records of the
payment services Pnewski used, such as BidPay, PayCo, and his own bank
records.
In announcing results of this prosecution, U.S. Attorney Howard and FBI
Assistant Director in Charge Mason commended the work of FBI Special Agent
Melissa S. Morrow and the staff of the U.S. Attorney's Office, including
Nicholas Novak, Auditor and Assistant U.S. Attorney Sherri L. Schornstein
who prosecuted the case.
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04-047
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