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Date: 02-06-2005

Case Style: United States of America v. Jason Smathers

Case Number: 1:04-mj-01224-UA

Judge: Alvin K. Hellerstein

Court: United States District Court for the Southern District of New York

Plaintiff's Attorney:

David M. Siegal, Assistant United States Attorney, New York, New York

Defendant's Attorney:

Kevin M. Kelly of Kelly & Sullican, Ltd., Las Vegas, Nevada

Description: The United States of America charged Jason Smathers with violating 18 U.S.C. 371, (conspiracy to defraud) and 18 U.S.C. 2314 (Transportation of stolen goods, securities, moneys) relating to the theft by the software engineer of 92 million AOL user names and e-mail addresses, which resulted in 7 billion e-mail messages being sent to AOL subscribers. Smathers and another employee conspired to steal the information and sell it for $28,000 for use in promoting an off-shore gambling operation.

Outcome: Smathers pled guilty and will likely be sentenced to 18 months to two years in prison and will be required to pay AOL $200,000 and $400,000 in compensation for damages sustained by the company.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None



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