Judge imposes nine-year term for spammer convicted in first-of-its-kind trial

LEESBURG, Va. (AP) _ A man convicted in the nation's first felony prosecution for illegal spamming was sentenced to nine years in prison Friday, but the judge postponed the sentence while the case

Friday, April 8th 2005, 12:58 pm

By: News On 6

LEESBURG, Va. (AP) _ A man convicted in the nation's first felony prosecution for illegal spamming was sentenced to nine years in prison Friday, but the judge postponed the sentence while the case is appealed.

Loudoun County Circuit Judge Thomas Horne said that because the law targeting bulk e-mail distribution is new and raises constitutional questions, it was appropriate to defer the prison time until appeals courts rule.

Jeremy Jaynes of Raleigh, N.C., was convicted in November for using false Internet addresses to send mass e-mail ads through an AOL server in Loudoun. A jury had recommended the nine-year prison term.

Prosecutors said Jaynes used the Internet to peddle sham products and services such as a ``FedEx refund processor.''

Virginia, where AOL is based, prosecuted the case under a law that took effect in 2003 barring people from sending bulk e-mail that is unsolicited and masks its origin.

Jaynes told the judge that regardless of how the appeal turns out, ``I can guarantee the court I will not be involved in the e-mail marketing business again.''

Lisa Hicks-Thomas, the prosecutor, said she was pleased with the ruling and confident that the law would be upheld on appeal.

``We're satisfied that the court upheld what 12 citizens of Virginia determined was an appropriate sentence _ nine years in prison,'' said Hicks-Thomas.

Defense attorney David Oblon argued that nine years was far too long given that Jaynes was charged as an out-of-state resident with violating a Virginia law that had taken effect just two weeks before.

Prosecutors have said Jaynes was among the top 10 spammers in the world at the time of his arrest, using the name ``Gaven Stubberfield'' and other aliases to peddle junk products and pornography.

The jury had also convicted Jaynes' sister, Jessica DeGroot of Raleigh, but recommended only a $7,500 fine. Her conviction was later dismissed by the judge. A third defendant, Richard Rutkowski of Cary, N.C., was acquitted of all charges.