Articles Posted in Cyber Crimes

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The criminal prosecution seems to have ended for John R., of Vermont, (hereinafter, the “Defendant”) and his lawyer. On June 8th, he pleaded guilty to charges, the investigation of which reflects some important information to those who assume themselves beyond suspicion.

After all, the Defendant had been something of a celebrity. Now in his 60’s, he had had helped found a gay rights group in Provincetown in the early 1990’s. In 1989, he helped form the Provincetown chapter of ACT UP, a group that described itself as diverse and nonpartisan, and committed to direct action to end the AIDS crisis. He also served on a working group to combat hate crimes.

And now?

Now he has been convicted in the cyber-crime of possessing and distributing child pornography.

To make the charges against him seem even more unlikely, they are not even the result of a local investigation. In fact, it was not even initiated within the United States.
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In Massachusetts and beyond, criminal defense attorneys are seeing more and more arrests being linked to the recent scrutiny of Craigslist. Last week, we spoke of the matter of the “Craigslist Killer” and the attention he has brought to the website’s listing of sexually enticing advertisements. Now, it seems, the website is everywhere and eagerly mentioned when a resulting criminal matter goes to press.

For example, let’s take the case of 42-year-old Deryck R. (hereinafter, “Defendant 1”). He is, or was, a roommate to two sisters in Quincy. They now allege that, as one of the sisters stepped out of the shower, Defendant 1 was pointing a cell phone camera in her direction, filming her. The sisters called the police, who searched the apartment and found video equipment, laptops and a camcorder in Defendant 1’s room.

The sisters had found Defendant 1 through Craigslist. The headline of the story posted by Channel 7 News was “Craigslist roommate arrested after spying“.
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It may be that the Boston area is simply a dangerous place for a nanny. Several years ago, we had that case in Cambridge where a British nanny was accused (and, actually, convicted) of killing a baby. The case made international headlines. She did have an extremely experienced criminal lawyer on her side and…guess what? She ended up going home when it was all over.

Well, this case is a tad different and the attorney ends up not being needed for the nanny after all. In fact, there was no nanny. Not even a baby. And the outer-Massachusetts part of the drama did not take place overseas, but in Miami, Florida.

You remember Florida, don’t you? Another fraud, to the tune of billions of dollars, was recently discovered there.

Meagan M., 22 (hereinafter, the “Defendant”) is a Miami woman who is alleged to have come up with an inventive way to try to keep her man. She made up a baby.

Well, kinda. She tried to do it the regular way, but did not suceed. Apparently, she lost the baby due to a miscarriage three months into the pregnancy. However, Miami police said the Defendant pretended to carry the baby to full term in order to keep her boyfriend, John B., 26, (hereinafter, “Big John”) from breaking up with her. She even named the phantom child, giving it Big John’s last name.

The real problems began when Big John wanted to see the child after its alleged birth. So, the Defendant did what seemed to be the logical thing…she reported that the baby had been kidnapped, and then reported the baby missing to police.

Now, what could be more romantic than that?
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In Massachusetts, former Boston sportscaster Bob Gamere has pleaded not guilty to an indictment charging him with transportation and possession of child pornography. Federal prosecutors, who arrested the man that once called himself the Great Gamere, are now calling the former “Candlepins for Cash” host a “danger to the community.”

Magistrate Judge Leo T. Sorokin ordered that the 69-year-old former sports anchor be placed under house arrest and GPS anklet be attached to his leg. Gamere is also barred from answering the door if his grandchildren or trick-or-treaters come to his house unless there is another adult present.

According to the indictment’s charges, Gamere transported child pornography videos on two separate occasions in 2007. His computer at home also allegedly contains videos and images of child porn.

Federal agents found the images after they executed a search warrant of his house and took his computer. The government also claims that Gamere sent child pornography videos as e-mail attachments to a number of people. During the search, Gamere reportedly admitted that printed images of child porn found in his bedroom were his and that he had sent child pornography via e-mail.

The Federal Bureau of Investigation began actively investigating Gamere last year after he allegedly sent via e-mail a 10-minute video of a young girl having sexual intercourse with a man. He allegedly sent the footage using his wife’s AOL account and the screen name “GreatGamere.” Court documents, however, indicate that the FBI had been watching this screen name since 2005 when the sender distributed other videos of “prepubescent” minors having sex with each other and with adults.

Gamere is a former New York Yankees play-by-play announcer and television sports commentator for Channel 7. If convicted, he could spend up to 50 years in prison.

Internet Kiddie Pornography
Distributing child porn via the Internet is considered a criminal offense-even if the images do not explicitly show kids having sex with each other or with adults. A person could get arrested just for sending a photo or image depicting child porn to a friend.

Ex-Hub sportscaster busted for kid porn, BostonHerald.com, October 24, 2008
Former Boston Sportscaster Charged With Possession Of Child Porn, MyFoxBoston.com, October 23, 2008

Related Web Resources:

Laws Concerning Child Pornography, National Center for Missing and Exploited Children
The Protect Act of 2003, Department of Justice Continue reading

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The Ten Commandments had a few things to say about interaction with one’s neighbors. It might have been helpful, however, had they mentioned what would later be named “the internet” and how it would play into things. At least, it might have helped a particular Andover couple.

Friday morning, Bill and Gail J., both 51 (hereinafter, the “Defendants”), were arrested and charged with criminally harassing their neighbors (hereinafter, the “Neighbors”) over the Internet because of a property dispute.

The harassment allegedly started with a fake advertisement on Craig’s List for used golf carts and other items such as unwanted memberships to a national nudist association. You guessed it…the Neighbors were listed as the people to contact. It then escalated to fake reports of child abuse to state social workers, mysteriously opened bank accounts, and threatening emails and letters, prosecutors said.

The harassment took place over several weeks in March, authorities said. According to court records, the Neighbors began receiving dozens of harassing and threatening e-mails and phone calls. At one point, DSS social workers came to their home to investigate false claims that their 14-year-old son had abused a female at school.

The Defendants pleaded not guilty to counts of criminal harassment, identity fraud and conspiracy at their arraignment in Essex District Court, as they each stood by their individual attorney. Both lawyers said the Defendants are Tewksbury High School graduates who own a realty company and have lived in Andover for nine years. They are also parents of three teenage daughters.
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The US Senate has passed a bill that would update the country’s laws related to cyber crimes. The legislation, known as the Identity Theft Enforcement and Restitution Act is tougher on cyber criminals and gives victims of identity theft an opportunity to sue for damages.

The Bill Proposes:

• Making it a felony to install keystroke-monitoring programs or spyware on 10 or more computers regardless of damage. This is a major change, since many cases of cyber crime involve thousands of computers at less then $5,000 in damages per victim.

• Allowing federal courts to prosecute cyber crime defendants within their states of residence, rather than only if they used interstate communication to commit a cyber crime against a victim.

• Making it a crime to extort companies using cyber technology.

• Giving victims of identity theft the opportunity to obtain restitution for time and money lost in their efforts to recover from the cyber crime.

In Massachusetts, if you have been arrested for a cyber crime, it is important that you seek the counsel of a defense attorney that will know how to defend you against any charges.

Examples of cyber crimes:

• Internet fraud • Cyber stalking • Internet porn • Identity theft • Internet gambling • Computer fraud • Sexual solicitation via the Internet • Computer hacking • Planting Internet viruses
Senate Approves Bill to Fight Cyber-Crime, WashingtonPost.com, July 31, 2008
S. 2168: Identity Theft Enforcement and Restitution Act of 2007, Govtrack.com
Computer Crime & Intellectual Property Section, Computer Crime & Intellectual Property Section, USDoj.gov Continue reading

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Lori Drew, a Missouri mother, has been indicted in connection with a cyber taunting case that prompted a teenager to commit suicide in 2006. The federal indictment, filed in US District Court in Los Angeles, says the 49-year-old mother and others used a MySpace account to pose as “Josh Evans,” a 16-year-old boy. The “boy” then pretended to have romantic feelings for 13-year-old Megan Meier.

Meier hung herself in her room after her online crush rejected her and told her the world would be better if she wasn’t in it.

Meier’s mother, Tina, found her daughter hanging by a belt in her room. She says that her daughter was insecure and suffered from depression.

If convicted, Drew could spend up to 20 years in prison for three counts of accessing protected computers to get information to inflict emotional distress, as well as one count of conspiracy. Her arraignment is in June.

According to law enforcement officials, Drew set up the account to find out what Meier was saying about her own daughter. “Josh” and Meier communicated for about a month before he broke up with her. Meier hung herself within an hour after the break up. She died the next day.

The indictment alleges that Drew deleted the MySpace account and told one of the teenagers to “keep her mouth shut.” However, the indictment also says that unnamed others (including a teenager) sent the last email message that led to Meier’s suicide.

Previous to the indictment, Missouri prosecutors said they would not file charges against Drew because she did not violate any laws. According to St. Charles Prosecutor Jack Banas, no one could have known that being mean to someone on the Internet could lead to suicide.

This year, however, federal prosecutors in Los Angeles began a grand jury probe to determine whether Drew and others defrauded MySpace by giving the company false information.

Mom indicted in deadly MySpace hoax, CNN.com, May 15, 2008
Alleged MySpace ‘cyber-bully’ indicted in teen’s suicide, Los Angeles Times, May 15, 2008

Related Web Resources:

A town fights back in MySpace suicide case, Los Angeles Times, November 22, 2007
Cyberstalking, The National Center for Victims of Crime
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A Stoneham, Massachusetts priest was arrested in New York last week for allegedly stalking NBC talk-show host Conan O’Brien. The Roman Catholic Archdiocese of Boston has suspended Reverent David Ajemian, 46.

Ajemian allegedly sent threatening e-mails and letters to the television host’s house and office, went to the studies where the host’s nightly show is shot, and contacted O’Brien’s parents. Ajemian was arrested while trying to enter a taping session of “Late Night with Conan O’Brien.”

Ajemian was arrested on charges of stalking and aggravated harassment. He could face up to one year in prison if convicted.

Ajemian, like O’Brien, is a Harvard graduate. In his letters and e-mails to O’Brien he would sign his name using the moniker “Padre.” In one note, he called himself one of O’Brien’s “most dangerous fans.” Ajemian also referred to himself on more than one occasion in his letters as “your priest stalker.” He also has allegedly posted hundreds of messages as Padre009 on an NBC online message board that focuses on the “Late Night with Conan O’Brien” show.

Under Massachusetts law, the definition of stalking includes the willful and malicious acts that are conducted over a period of time to purposely annoy or scare a person and cause them significant personal distress, as well as making threats or acting in a threatening way that a victim fears for his or her life or physical safety. Stalking can take place in person, over the telephone, or via Internet, fax, or regular mail. The maximum prison sentence for stalking if convicted in Massachusetts is five years.

Stalking is a serious criminal offense and can cause severe long-term emotional and physical harm to the victim and his or her friends and relatives.

1.4 million people in the United States are stalked annually. Both men and women can be stalking victims. Celebrities are easy targets for stalking because they are exposed to millions of people that they don’t know through film of television.

Just because you have been arrested for stalking someone does not mean you are guilty of the charges.

Priest faces charges of stalking TV late-night host O’Brien, Boston.com, November 8, 2007
Police Arrest Boston Priest for Stalking Late Night TV Host Conan O’Brien, Foxnews.com, November 8, 2007
Chapter 265: Section 43. Stalking; punishment, Massachusetts Stalking Law, Wiredsafety.org
Related Web Resource:

The People of the State of New York Against David Ajemian, the Smoking Gun Continue reading

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