October 15, 2008

Authorities Shut Down Spam Ring 

By 
<http://topics.nytimes.com/top/reference/timestopics/people/s/brad_stone/index.html?inline=nyt-per>BRAD
 STONE

An 
<http://topics.nytimes.com/top/news/national/usstatesterritoriesandpossessions/illinois/index.html?inline=nyt-geo>Illinois
 district court on Tuesday ordered an international 
<http://topics.nytimes.com/top/reference/timestopics/subjects/s/spam_electronic_mail/index.html?inline=nyt-classifier>spam
 network to shut down, stopping what the Federal Trade Commission says was one 
of the most prolific spam gangs on the Internet.

The group, which used names like HerbalKings and Click Fusion, sent billions of 
unsolicited messages to Internet users over the last 18 months, touting luxury 
goods, counterfeit pharmaceuticals and pornography, according to the F.T.C. 

But its primary products, federal investigators say, were what the company 
described as herbal pills that would permanently enhance the male anatomy. 

The investigation provides a clear window into the business of modern spam, 
which by some estimates accounts for 90 percent of all e-mail sent over the 
Internet. 

To pepper Internet users with its solicitations, the HerbalKings used a botnet, 
a global network of computers that it had infected with malicious software. The 
New Zealand security firm Marshal Software, which assisted the F.T.C. with the 
investigation, estimated in court documents that the group’s Mega-D botnet ­ 
named after one of its pill products ­ was comprised of 35,000 computers and 
was capable of sending 10 billion e-mail messages a day. In January, the botnet 
was the leading source of spam on the Internet, the firm estimated.

F.T.C. investigators also said they monitored the group’s finances closely and 
that it cleared $400,000 in Visa charges in one month alone. 

The F.T.C. has brought more than a hundred cases against spammers and spyware 
vendors over the last decade. But officials said this was perhaps the most 
extensive spam operation it had ever encountered, with ties to Australia, New 
Zealand, India, China and the United States.

“They were sending extraordinary amounts of spam,” said Jon Leibowitz, an 
F.T.C. commissioner. “We are hoping at some level that this will help make a 
small dent in the amount of spam coming into consumer’s in-boxes.” 

The F.T.C. asked the court to freeze the gang’s finances under the CAN-SPAM Act 
of 2003, a federal law that provides civil penalties for spammers who falsify 
information in e-mail messages and fail to offer ways for consumers to refuse 
further messages. 

But the federal government is also pursuing criminal charges against the group. 
<http://topics.nytimes.com/top/reference/timestopics/organizations/f/federal_bureau_of_investigation/index.html?inline=nyt-org>F.B.I.
 investigators in Chicago and St. Louis have executed search warrants against 
people they believe to have been members of the spam gang, including Jody 
Smith, 29, of Mckinney, Tex. 

Reached at his home, Mr. Smith said: “I don’t even know who these people are 
who I have been tied to,” and referred all inquiries to his laywer in Dallas, 
John R. Teakell. Mr. Teakell did not immediately respond to a request for 
comment. 

Federal officials are also working with New Zealand authorities in the case 
against Lance Atkinson, 26, a native of New Zealand now living in Australia.

As part of its investigation, the F.T.C. purchased the “herbal” pills from the 
group and asked the 
<http://topics.nytimes.com/top/reference/timestopics/organizations/f/food_and_drug_administration/index.html?inline=nyt-org>Food
 and Drug Administration to test them. The agency found that they contained 
sildenafil, the active ingredient in 
<http://topics.nytimes.com/top/news/health/diseasesconditionsandhealthtopics/viagra_drug/index.html?inline=nyt-classifier>Viagra,
 which can be risky for some people with heart conditions. The drug offers no 
long-term benefits.

As with other criminal groups online, the activities of the HerbalKings were 
remarkably international in scope. The group was illegally selling drugs like 
Propecia, 
<http://topics.nytimes.com/top/news/health/diseasesconditionsandhealthtopics/lipitor_drug/index.html?inline=nyt-classifier>Lipitor,
 
<http://topics.nytimes.com/top/news/health/diseasesconditionsandhealthtopics/celebrex_drug/index.html?inline=nyt-classifier>Celebrex
 and 
<http://topics.nytimes.com/top/news/health/diseasesconditionsandhealthtopics/zoloft_drug/index.html?inline=nyt-classifier>Zoloft
 and shipping them out of India. It did not operate a licensed pharmacy in the 
United States. The F.T.C. also said it was basing its Web sites in China, 
fulfilling credit cards from the Republic of Georgia and the Mediterranean 
island of Cyprus and transferring funds between members using ePassporte, an 
electronic money network.

<http://www.nytimes.com/ref/membercenter/help/copyright.html>Copyright 2008 
<http://www.nytco.com/>The New York Times Company






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