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Appendix: Publicized Convictions Under the No Electronic Theft Act

The following table is principally updated as of November 1, 2003.98

Individual

Sentencing Date

Summary of Criminal Activity

Sentence

Jeffrey Levy

August 1999

Posted software, music, entertainment programs, and movies with a retail value of at least $5,000 to his web site

  • 2 years probation

  • Internet use restricted

Eric Thornton

December 1999

Posted software with a retail value of at least $9,638 to his web site

  • 5 years probation

  • $9,638 restitution

  • Must post notice on web site for 18 months

  • Cannot use computers (except for business or educational purposes) for 12 months, and Internet use restricted

Brian Baltutat

October 2000

Posted infringing software to a web site that was visited by 65,000 people

  • 3 years probation

  • 180 days home confinement (including a tether)

  • $7,087 restitution

  • 40 hours community service

  • Cannot use the Internet

  • Required to tell the owners of any computers he uses about his conviction

Jason Spatafore

December 2000

Electronically distributed portions of Star Wars I

  • 2 years probation

  • $250 fine

Tyrone Augustine (PWA)

April 2002

Intel employee who participated in warez group trading software with retail value of $1,424,640

  • 5 years probation

  • $5,000 fine

Brian Boyansky (PWA)

April 2002

Intel employee who participated in warez group trading software with retail value of $1,424,640

  • 5 years probation

  • $2,000 fine

Diane Dionne (PWA)

April 2002

Senior member of and packager for warez group trading software with retail value of $1,424,640

5 years probation

John Geissberger (PWA)

April 2002

Intel employee who participated in warez group trading software with retail value of $1,424,640

5 years probation

$5,000 fine

Christian Morley (PWA)

April 2002

Packager for warez group trading software with retail value of $1,424,640

  • 24 months in prison

  • 2 years supervised release (went to trial in May 2001)

Jason Phillips (PWA)

April 2002

Member of warez group trading software with retail value of $1,424,640

  • 5 years probation

  • $5,000 fine

Brian Riley (PWA)

April 2002

Intel employee who participated in warez group trading software with retail value of $1,424,640

5 years probation

Jason Slater (PWA)

April 2002

Cracker for warez group trading software with retail value of $1,424,640.

  • 8 months in prison

  • 6 months community custody

  • 2 years supervised release

  • $1,000 fine

Mark Stone (PWA)

April 2002

Member of warez group trading software with retail value of $1,424,640

  • 5 years probation

  • $5,000 fine

Gene Tacy (PWA)

April 2002

Intel employee who participated in warez group trading software with retail value of $1,424,640

  • 5 years probation

  • $5,000 fine

Todd Veillette (PWA)

April 2002

Member of and senior courier for warez group trading software with retail value of $1,424,640

  • 5 years probation

  • $5,000 fine

Barry Erickson (Buccaneer)

May 2002

Provided prerelease Symantec software to warez groups RiSCISO and DrinkOrDie, founding member of warez group POPZ

  • 33 months in prison (reduced in November 2002 to 15 months)

  • 2 years supervised release

David Grimes (Buccaneer)

May 2002

Provided prerelease Check Point software to DrinkOrDie; operated FTP site "High Octane," which was affiliated with warez groups RiSC, MYTH, RTS, and DrinkOrDie

  • 37 months in prison (immediately reduced to 16 months in prison)

  • 3 years supervised release

  • Substance abuse treatment

Thomas Oliver (PWA)

May 2002

Council member of warez group trading software with retail value of $1,424,640

  • 3 years probation

  • $5,000 fine

Robin Rothberg (PWA)

May 2002

Led and council member of warez group trading software with retail value of $1,424,640

  • 18 months in prison

  • 3 years supervised release

  • $1,000 fine

John Sankus (Buccaneer)

May 2002

Led and managed warez group DrinkOrDie, participated in warez group Harm; traded software with retail value of between $2.5 million and $5 million

  • 46 months in prison (reduced November 2002 to 18 months)

  • 2 years supervised release

  • 200 hours community service

Nathan Hunt

(Buccaneer)

June 2002

Senior member of warez group DrinkOrDie; in 11-month period, provided 120 software programs for cracking and distribution; stipulated to trading software with retail value of between $2.5 million and $5 million

  • 33 months in prison (reduced November 2002 to 24 months)

  • 3 years supervised release

  • $2,500 fine

Stacey Nawara (Buccaneer)

June 2002

Senior member of warez group RTS, Council member of warez group DrinkOrDie, courier for warez group Razor1911

  • 30 months in prison (reduced in October 2002 to 30 days in jail [straight time or weekends] and 8 months community confinement)

  • 3 years supervised release

  • Assigned to mental health and substance abuse program

  • $1,000 fine

  • No non-work Internet use

Richard Berry (Buccaneer)

July 2002

Long-time member of DrinkOrDie, provided them hardware, tested cracked warez, and operated bounce sites

  • 33 months in prison (reduced in October 2002 to 2 years probation including 12 months home confinement with electronic monitoring)

  • 2 years supervised release

Andrew Clardy (Buccaneer)

July 2002

System administrator for DrinkOrDie's Dynamo server

  • 41 months in prison

  • 2 years supervised release

Michael Kelly (Buccaneer)

July 2002

Senior staff of DrinkOrDie; member of warez groups RISC, AMNESIA, CORE

  • 33 months in prison

  • 2 years supervised release

  • 200 hours community service

  • Must notify employers of conviction

In January 2003, the sentence was reduced to the following:

  • 4 months in prison

  • 3 years supervised release (including 8 months home detention with electronic monitoring)

  • 200 hours community service

  • Must notify employers of conviction

Sabuj Pattanayek (Buccaneer)

July 2002

Council member of and cracker for warez group DrinkOrDie; senior member of warez group RTS

  • 41 months in prison

  • 3 years supervised release

  • 100 hours community service

  • $1,000 fine

In May 2003, his sentence was reduced to the following:

  • 3 years probation

  • 6 months community confinement

  • 200 hours community service

  • Fine

John Riffe (Buccaneer)

July 2002

Member of warez groups ShadowRealm (SRM), EXODUS

  • 2 years probation

  • 6 months home confinement with electronic monitoring

  • 100 hours community service

Tony Walker (Fastlane)

July 2002

Provided computer hardware to warez group Fastlane in exchange for access to software with retail value of $1,000,000

  • 5 months in prison (split with community confinement)

  • 1 year supervised release

  • $3,000 fine (went to trial March 2002)

Anthony Buchanan (Buccaneer)

August 2002

Participated in warez groups POPZ and DrinkOrDie

  • 2 years probation

  • 6 months home confinement with electronic monitoring

  • 150 hours community service

Steve Deal (Fastlane)

August 2002

Led warez group trading software with retail value of $1,000,000

  • 30 months in prison

  • 3 years supervised release

Robert Gross (Buccaneer)

August 2002

Participated in warez group DrinkOrDie

  • 5 years probation

  • 6 months home confinement

  • 200 hours community service

Glendon Martin (Fastlane)

August 2002

System administrator for warez group trading software with retail value of $1,000,000

  • 3 years probation

  • $1,000 fine

Shane McIntyre (Fastlane)

August 2002

Managed warez group trading software with retail value of $1,000,000

  • 3 years probation

  • 180 days home confinement with electronic monitoring

  • $3,000 fine

James Milne (Fastlane)

August 2002

System administrator for warez group trading software with retail value of $1,000,000

3 years probation

Bjorn Schneider (Fastlane)

August 2002

Managed warez group trading software with retail value of $1,000,000

3 years probation

Christopher Tresco (Buccaneer)

August 2002

System administrator for DrinkOrDie (including operating a drop site)

  • 33 months in prison (reduced in October 2002 to 6 months in prison and 7 months community confinement)

  • 2 years supervised release

  • 100 hours community service

  • May not use the Internet for non-work purposes

Kevin Vaughan (Fastlane)

August 2002

System administrator for warez group trading software with retail value of $1,000,000

3 years probation

Tae Yuan Wang (Fastlane)

August 2002

Managed warez group trading software with retail value of $1,000,000

  • 3 years probation

  • 300 hours community service

Steven Ahnen (PWA)

September 2002

Council member for warez group trading software with retail value of $1,424,640; alleged to operate channel for the group and package software

  • 3 years probation

  • $1,000 fine

Derek Eiser (Buccaneer)

September 2002

Participated in warez group DrinkOrDie

  • 2 years probation, including 6 months home confinement

  • $500 fine

David Anderson (Buccaneer)

October 2002

Participated in warez group DrinkOrDie

  • 12 months probation

  • $500 fine

Myron Cole (Buccaneer)

October 2002

Participated in warez group DrinkOrDie

  • 2 years probation

  • 150 hours community service

Justin Robbins (PWA)

October 2002

Council member of warez group trading software with retail value of $1,424,640; supplied Microsoft software and allowed others to access Microsoft's internal network

  • 7 months in prison

  • 3 years supervised release

Ruth Lawton (Bandwidth)

December 2002

Downloaded more than $2,500 of infringing works to her home computer

  • 3 years probation

  • $2,000 fine

Ryan Breding (Fastlane)

February 2003

Provided computer hardware to warez group Fastlane in exchange for access to software with retail value of $1,000,000

  • 15 months in prison

  • 2 years supervised release

  • $6,000 fine

Eric Rosenquist (Bandwidth)

March 2003

Downloaded Microsoft Money to his home computer

  • 3 years probation

  • 140 hours community service

  • $500 fine

Lukasz Doupal (Bandwidth)

April 2003

Participated in warez group Rogue Warriorz (RWZ)

  • 3 years probation

  • $2,000 fine

William Fitzgerald

April 2003

Operated web site allowing downloads of between $40,000 and $70,000

  • 4 months in prison

  • 4 months home confinement

  • $3,000 fine

Shane Pitman (Buccaneer)

June 2003

Leader of warez group Razor1911

  • 18 months in prison (reduced in August 2003 to 12 months plus one day)

  • 3 years supervised release

David Russo (Buccaneer)

July 2003

Tester for warez group DrinkOrDie

To be determined

Brad McGourty (Bandwidth)

August 2003

Participant in Rogue Warriorz (RWZ); admitted to downloading Microsoft Money to home computer

  • 1 year probation

  • $500 fine

  • $60 restitution

Charles Yurek (Bandwidth)

August 2003

Participant in Rogue Warriorz (RWZ); admitted to downloading Windows XP to home computer

  • 6 months of electronically monitored home detention

  • 3 years probation

  • $500 fine

Kent Kartadinata (Buccaneer)

September 2003

Operated email server for warez group DrinkOrDie

  • 5 years probation

  • 2,400 hours community service in anti-piracy program

Mike Nguyen (Buccaneer)

September 2003

Managed file servers for warez group DrinkOrDie

  • 5 years probation

  • 2,400 hours community service in anti-piracy program

Kerry Gonzalez

September 2003

Distributed advance "work print" copy of The Hulk

  • 6 months home confinement

  • 3 years probation

  • $2,000 fine

  • $5,000 restitution

Christopher Motter (Digital Piratez)

September 2003

Operated warez server Wonderland with 5,000 warez worth at least $500,000

24 months in prison

John Amorosi (Bandwidth)

January 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

Mark Shumaker

(Buccaneer)

February 2004

Led music piracy site Apocalypse Crew and supplied content to warez group DrinkOrDie; stipulated infringement of between $40,000 and $70,000

To be determined

James Remy

(Cybernet)

March 2004

Operated warez server that had $2,242,712 of infringing downloads

To be determined

Wolf Bachenor (Bandwidth)

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

David Brandt (Bandwidth)

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

Alexander Castaneda (Bandwidth)

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

Jacob Clappton (Bandwidth)

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

Jonathan Dow (Bandwidth)

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

Jorge Garcia (Bandwidth)

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

Mark Konarske (Bandwidth(

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

Timothy Lastoria (Bandwidth)

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

David Lowe (Bandwidth)

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

Christopher Mastrangelo (Bandwidth)

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

Daniel McKay (Digital Piratez)

March 2004

Operated warez server with 1,000 warez items

To be determined

Suzanne Peace (Bandwidth)

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

Lindle Romero (Bandwidth)

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

Elisa Sarino (Bandwidth)

March 2004

Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000

To be determined

Travis Myers (Safehaven)

TBD

Courier for several warez groups, including DrinkOrDie

To be determined

Terry Katz (Safehaven)

TBD

System operator for warez servers

To be determined

Walter Kapechuk (Safehaven)

TBD

Operated warez servers at SUNY Albany

To be determined

Warren Willsey (Safehaven)

TBD

Periodically helped Kapechuk operate warez servers

To be determined


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