According to the indictment, the spam e-mails were sent in a manner that would impair
the ability of recipients, Internet service providers processing the e-mails on behalf of recipients,
and law enforcement agencies to identify, locate, or respond to the senders. This deception was
accomplished in a number of ways, including the following: sending the spam e-mails from
Internet Protocol addresses registered in the Netherlands and domain names registered in
Mauritius; falsifying the “From:” line in the e-mails; installing the computers sending the e-mails
and related equipment in the Netherlands; and remotely controlling these computers from the
United States. The indictment further alleges that K* and S* also created and utilized
overseas companies named The Compliance Company and Ganymede Marketing to conceal and
disguise their activities. According to the indictment, K* and S* also utilized
overseas bank accounts in Mauritius and the Isle of Man for the purpose of laundering and
distributing the proceeds of the spamming operation.
If convicted, K* and S* each face a maximum sentence of 20 years in prison
on the money laundering charge, and five years in prison on the obscenity charges. All three
defendants also face a maximum sentence of five years in prison on each of the spamming and
criminal conspiracy charges. Schaffer also faces a maximum sentence of two years in prison on
the improper pornographic recordkeeping charge. The government is also seeking the forfeiture
of proceeds allegedly obtained during the commission of these offenses.