All Federal Criminal Charges Are Dismissed Against Defendant After 5-Year Battle.
On June 30, 2022, Judge Andrea Wood entered an Order dismissing all charges brought against the Defendant by federal prosecutors in the United States District Court for the Northern District of Illinois.
Federal prosecutors alleged that the Defendant defrauded the operators of numerous computer networks and computer servers by improperly sending alleged “Spam” and other forms of advertising across their systems. In fact, after charging the Defendant in that Indictment, the U.S. Attorneys’ Office issued a press release heralding the charges by stating, “Alleged Cyber Spammer Indicted on Federal Fraud Charges,” and claiming that the Defendant had allegedly sent “well over a million spam emails and damaging several computer networks.”
We filed two separate Motions to Dismiss the Indictment, and a Daubert Motion seeking to bar the Government’s expert witness on “Spam.” Ultimately, prior to trial, the Government agreed to the dismissal of all 10 Counts of the Indictment pursuant to a pre-trial diversion agreement. Accordingly, yesterday, the District Court entered an Order dismissing all 10 Counts against the Defendant.
Although taking the case to a federal jury and having them reject the Government’s charges would have been even more satisfying, the extraordinary result obtained for the Defendant was essentially a virtually risk-free path to the dismissal of the entire case. The case can be found on the federal court docket for the Northern District of Illinois at 16 CR 793.
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