Criminal Copyright Infringement – U.S. v. Cassim, et al. – Part 2

Government Press Release and Initial Court Appearance for Internet case involving conspiracy to infringe copyright.

The charge was conspiracy to commit copyright infringement.  Attorney Domingo J. Rivera represented the "lead" Defendant (the Government's allegation). To our knowledge, this is the only "Not Guilty" jury verdict obtained for this type of case in Federal Court.  The majority of charges culminate in guilty pleas.

Just as customary in Federal Internet related criminal cases, after obtaining the indictment, the Government issued its press release.

The headline read: FOUR MEMBERS OF ALLEGED INTERNET MUSIC PIRACY GROUP CHARGED
WITH COPYRIGHT INFRINGEMENT CONSPIRACY

The body of the press release continued on...
WASHINGTON — Four individuals were indicted today by a federal grand jury in the
Eastern District of Virginia with conspiracy to commit copyright infringement for allegedly obtaining
and illegally releasing copyrighted music, announced Assistant Attorney General of the Criminal
Division Lanny A. Breuer and U.S. Attorney for the Eastern District of Virginia Dana J. Boente.

Adil R. Cassim, 29, of Granada Hills, Calif.; Bennie Glover, 35, of Shelby, N.C.; Matthew D.
Chow, 28, of Missouri City, Texas; and Edward L. Mohan, II, 46, of Baltimore, were charged in the
one-count indictment with being high-level members of the music piracy group known as “Rabid
Neurosis” or “RNS”, which operated from at least 1999 to 2007.  According to the indictment, the
defendants, led by Cassim for a period of time, allegedly conspired to illegally upload to RNS
thousands of copyright protected music files, which were often subsequently reproduced and
distributed hundreds of thousands of times.


According to the indictment, RNS was a “first-provider” or “release group” for pirated
music and other content to the Internet.  Once a group obtains and prepares infringing digital copies
of copyrighted works, the copies can then be distributed in a matter of hours to secure computer
servers throughout the world.  According to the indictment, RNS members were granted access to
massive libraries of pirated music, video games, software and movies by gaining a reputation for
providing previously unavailable pirated materials.  The indictment alleges that the supply of pre-
release music was often provided by music industry insiders, such as employees of compact disc
(CD) manufacturing plants, radio stations and retailers, who typically receive advance copies of
music prior to its commercial release.

The indictment also alleges that members of RNS, including Glover, illegally procured some
of the music the group illegally released before its commercial release date from a CD manufacturing
plant in North Carolina.   Other members of RNS, including Mohan and Chow, allegedly purchased
CDs from retail stores shortly after their commercial release and posted them to the Internet before
other piracy groups were able to do so.

If convicted, defendants face a maximum sentence of five years in prison, a $250,000 fine and
three years of supervised release, as well as possible orders of restitution.

And the press release continued on....Govertnment Press Release

Then came the initial appearance, the date for arguments on Motions was set, and a jury trial was schedule in the United States District Court for the Eastern District of Virginia.  Initial Scheduling Order

Criminal Copyright Infringement - U.S. v. Cassim, et al. - Part 1

I have received many e-mails with questions regarding the recent jury trial of United States v. Cassim, et. al, case number 4:09CR609 (S.D. Tx. 2010).  We represented the defendant in that case where the jury returned a not guilty verdict after a five-day jury trial.  The charge was conspiracy to commit copyright infringement.  To our knowledge, this is the only "Not Guilty" jury verdict obtained for this type of case in Federal Court.  The majority of charges culminate in guilty pleas.

To filter some of these inquiries, I will provide here some of the publicly available documents in that case as well as some thoughts.  It was certainly a very favorable result and it appears to be the first time that the U.S. Department of Justice loses a trial of this type.  Having said that, the information that will be posted here is for informational purposes only and is not in any way, shape or form, legal advice.  You should not rely on any information contained here and should address any legal questions to an attorney of your choice.  Please also be aware that being charged with a crime, particularly in Federal Court, is very serious.  The F.B.I. is the most competent investigative agency in the U.S. and the Department of Justice attorneys are some of the finest.

With that out of the way, part one in this case was the initial indictment, which was brought up in Virginia.  The case was ultimately tried in Texas, but that is a topic for a different day.  Suffice to say that this case took several months and went cross-country, culminating in a five-day jury trial and a "Not Guilty" verdict.

Follow the link below to see the "Rabid Neurosis" (RNS) Indictment, this is how it began:

U.S. v. Cassim Virginia Indicment

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VIRGINIA COMPUTER AND INTERNET CRIMES DEFENSE

Computer Engineer / Internet Lawyer / Technology Expert ... High Tech Crimes Require the Expertise of a High-Tech Attorney.... A computer crime defense lawyer with our firm is an aggressive Internet crime defense litigator and a computer technical expert.  With criminal prosecution expertise, IT experience, Computer Engineering background, our computer crime defense and Internet law firm counts with unique capabilities.

Based on our research, Domingo J. Rivera is the only Internet crime defense attorney in Virginia with a professional degree in Computer Engineering, experience as a military officer, and knowledge of computer forensics.

• Virginia Computer Crimes


• Computer Crime Defense in the Virginia Federal Courts


• Not all criminal defense lawyers in Virginia have computer expertise.... see why it matters

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• Criminal computer hacking, or computer unauthorized access - A cyber crime defense lawyer with our firm can provide you with expert defense against charges of hacking, unauthorized access or violations of the Computer Trespassing and Computer Fraud statutes.


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• Unauthorized transmission of bulk or unsolicited email (SPAM) under the Virginia Computer Crimes Act - Many business and individuals operating on the Internet send commercial email that may not fully comply with the CAN-SPAM Act.  If you are facing computer crime charges stemming from sending bulk mail, a cyber crime defense  lawyer with our firm can provide you with the required expertise to protect your freedom.


• Theft of computer services under the Virginia Computer Crimes Act - Is using your neighbor's wireless Internet signal a crime?  A cybercrime defense lawyer with our firm can provide you with expert compter crime law advice and cyber crime defense.


• Computer embezzlement under the Virginia Computer Crimes Act - An unauthorized download of computer software is a cyber crime that may carry up to 20 years in prison! A cyber crime defense attorney from our firm can aggressively ensure that your rights and freedom are defended.


• Computer as an instrument of forgery under the Virginia Computer Crimes Act - A teenager who uses his computer to create a fake driver's license to be able to buy a drink can be accused of a serious cyber felony.  The expert assistance of a cyber crime defense lawyer who is also a technology expert can ensure that no doors are left unopened when your freedom is at stake.


• Possession of Internet child pornography - A person caught with innocent baby pictures may be convicted of a felony and required to register as a sex offender.  A computer crime defense lawyer with our firm can assist you to protect your rights and reputation... your freedom and ability to find suitable housing and employment are at stake.


• Criminal computer invasion of privacy under the Virginia Computer Crimes Act - Checking your cheating spouse's bank account records online can land you a jail sentence!  The assistance of a competent cyber crime defense attorney is critical to properly defend you against this Internet crime accusations.


• Cyber stalking - The wrong email sent at the wrong time can lead to cyber crime accusations.  Overly sensitive people in cyber space can cause you to be facing a jury in defense of your freedom.  Our computer crime defense attorneys can provide you with expert cyber crime defense.


• Criminal Copyright Infringement - An improperly channeled entrepreneurial spirit could cost you... downloading, sharing, or selling songs, movies, software, documents, or other files may cost you a Federal prison sentence.  We can assist you with our unique expertise in Computer forensics and technology.
  


• Any other Virginia computer or cyber crime

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If your computer crime defense lawyer is not familiar with technology, computer forensics, and the Internet you are already at a severe disadvantage! If you are accused of a cybercrime in Virginia, you are better served with expert computer crime, cyber crime, and Virginia Internet crime legal representation!

Domingo J. Rivera is the only cyber crime defense lawyer in Virginia who has a background in Computer Engineering, MBA, and experience with critical projects with the U.S. Department of Defense and a wealth of knowledge in computer forensics.  He has also tried hundreds of civil and criminal cases and has highly polished and current practical courtroom skills.

As a Computer Engineer, Domingo J. Rivera can analyze your Virginia computer and cyber crime case in a unique manner.  The Commonwealth of Virginia and the Federal prosecutors in Virginia count with technical experts to assist with the prosecution of Virginia computer crimes.... how will you fight back?  Can your criminal defense attorney even understand the computer lingo?  Can your attorney effectively explain technology matters to a judge who probably does not have a computer background himself.  The Court needs to be educated before it can be persuaded.  Can your Virginia criminal defense lawyer explain what he may not understand? If not, you better pray for mercy from the prosecutor or the judge... and hope you get it.

When you need the expertise of a Virginia computer and cyber crime defense attorney who understands the computer forensic methods employed by law enforcement, you can enlist our technological expertise.  We understand not only the Internet and computer applications, but also have experience in computer forensics and analysis of electronic evidence. Not many cyber crime defense law firms can offer you attorneys with technical degrees and experience in Computer Engineering as well as hundreds of successful criminal trials.

Our aggressive Internet and computer cyber crime defense attorneys have unique qualifications and expertise and can handle all Virginia computer cybercrime issues.

If you are accused of a cybercrime, a Virginia computer crime, or a Virginia Internet crime, we are the experts that can defend you and protect your rights.

Your freedom depends on it!

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When you need the assistance of a Virginia computer crime defense lawyer, Internet crime lawyer, cyber crime defense attorney, computer fraud defense attorney, computer trespass defense lawyer, SPAM email defense attorney, aggravated identity theft defense, Virginia Internet crime defense lawyer, or a cybercrime law expert, a Virginia computer cyber crime defense lawyer with our firm can assist.  We handle computer crime cases throughout Virginia including without limitation Fairfax County, Henrico County, Richmond City, Chesterfield County, Hanover County, Petersburg County, Prince William County, Hopewell, Petersburg, Dinwiddie, Quantico, Virginia Beach, Norfolk, Chesapeake, Fredericksburg, Stafford, Spotsylvania, Newport News, Hampton, Williamsburg, Amelia, Powhatan, Goochland, Louisa, Manassas, Woodbridge, Charles City, James City, Gloucester, Portsmouth, Shenandoah, Prince George, Sussex, New Kent, West End of Richmond, Glen Allen, Federal Court for the Eastern District of Virginia (Richmond, Alexandria, Norfolk, and Newport News Divisions).

Contact a Virginia computer cybercrime defense attorney.

Legal Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an Internet lawyer for advice regarding your individual Internet law situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us to discuss your Internet law matter does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established and we have been retained as your Internet lawyer.

Domingo J. Rivera is the attorney responsible for the contents of this website.  Please direct all questions to: Domingo J. Rivera, Attorney at Law, PLC, Attn: Internet Advertisement, 4870 Sadler Road, Suite 300, Glen Allen, VA 23060.Index

VA Cybercrime Issues

VIRGINIA CYBERCRIME ISSUES

Our Virginia Internet Crime Defense Lawyers assist clients with Virginia Computer Crimes law and Cyber Crime.  In our daily Virginia Computer Crime Defense Lawyer practice, we protect our client's rights and freedom from Virginia Cyber Crime accusations.  Some examples are listed below, other computer crime cases are listed here:

• Individual accused of selling counterfeit medications over the Internet.  The assistance of a Virginia computer crime defense attorney is essential to protecting the individual's freedom.


• E-Commerce website operator  faces charges  of Internet criminal copyright infringement.  A Virginia cyber crime defense attorney  intervenes to protect the website operator's freedom.


• College student is accused of computer hacking, violation of the Computer Fraud and Abuse Act, computer trespass, computer fraud, and a long list of other computer crimes.  A Virginia Cybercrime defense lawyer intervenes to clear up these computer crime accusations and allow the young man to continue his promising IT career.


• An individual faces computer trespass and hacking/unauthorized access accusations after retrieving emails from his unfaithful spouse's email account.  Prompt assistance from a Virginia computer crimes defense attorney is critical.


• Individual charged with felony transmission of unsolicited bulk email (SPAM).  The intervention of a Virginia SPAM computer crime defense attorney is necessary.


• Our client is arrested for obstruction of justice charges after being the victim of identity theft.  The crimes were committed by the identity thief.  A Virginia computer crime defense attorney with our firm intervenes to clear our client's reputation which was affected as a result of the cyber crime of Identity Theft.


• Our client is accused of eight counts Internet solicitation of a minor related to an undercover sting operation where a police office played the role of a teenage girl in an Internet chat room.


• High profile government executive with a high level security clearance is arrested for receipt, possession, and distribution of child pornography.  A computer crime defense attorney must manage the defense to prevent the Internet child pornography accusations from ruining his life.


• Our client is accused of violations of  § 18.2-374.3 (Use of communications systems to facilitate certain offenses involving children).


• Our client is accused of running an illegal business on the Internet and of related tax evation.

When you need the assistance of a Virginia computer crime defense lawyer, cyber crime defense attorney, computer fraud defense attorney, computer trespass defense lawyer, SPAM email defense attorney, Virginia Internet crime defense lawyer, or a cybercrime law attorney, a Virginia computer cyber crime defense lawyer with our firm can assist.

Virginia_Internet_Crimes

VIRGINIA INTERNET CRIMES

Our Internet computer crime, cyber crime defense and Internet crime defense attorneys are experienced in defending against Virginia State and Federal cyber crime, computer crime, and Internet crime accusations.

Some of the most common cyber crimes are:

The Computer Fraud and abuse Act, 18 U.S.C. § 1030 – Creates both civil and criminal liability.  To prove violations of the the Computer Fraud and Abuse Act, the State must prove that a Defendant 1) Knowingly obtained 2)  Access to a computer; 3)  Without authorization; 4) to obtain information; 5) From a protected computer; and 6) said conduct involved Interstate or foreign communication.

Our attorneys are experienced in the defense of accusations of violations of the Computer Fraud and Abuse Act.

Virginia Computer Trespass, Va. Code § 18.2-152.4 - Creates both civil and criminal liability.  It is defined as using a computer to make a copy of computer data without authorization.  Our Virginia cyber crime law attorneys can defend you if you are accused of computer trespass in Virginia.

Virginia Computer Related Trespass to Chattels - Contact with a computer network without authorization thereby causing injury.

Cyber stalking – Cyber stalking is a crime in which the defendant is accused of harassing a victim through the use of electronic communications such as email, instant messaging, or forum posts.

Identity Theft – The Defendant is accused of operating a scheme under which he obtains personal information of another. The Defendant is accused of utilizing this information for many purposes, including to get credit, engage in other criminal activity for which the victim can be blamed. If you are accused of identity theft, you need a quality identity theft lawyer to represent your interests.

Internet sex crimes including Internet Child pornography, Solicitation of a minor via chat room, and Entrapment by Police Officers posing as juveniles.  Any actual use or possession of child pornographic material is a crime. Both the federal government and Virginia are aggressively prosecuting those charged with child pornography. The penalties are extremely severe.

Email Spoofing

EMAIL SPOOFING
Email spoofing is the forgery of an e-mail header in a manner that the message appears to have originated from somewhere other than the actual source.   Email Spoofing is a serious Internet Crime. Allegations of creating a false email header,  email header forgery, or sending a spoofed email are serious cyber crimes accusations requiring the experience of a computer crime defense attorney.

Email spoofing accusations fall under Email SPAM laws.  A spoofed may appear to be from a legitimate source asking for personal information, passwords, credit card numbers, and other personal information.

Email spoofing is a serious criminal accusation.  Potential penalties for Email spoofing include imprisonment and forfeiture of assets.   Our attorneys are experts in cybercrime defense and in protecting your rights and assets against accusations of criminal email spoofing.

Computer Embezzlement

COMPUTER EMBEZZLEMENT

Under Virginia law, the following property is capable of computer embezzlement: 1. Computers and computer networks; 2. Financial instruments, computer data, computer programs, computer software, computer services and all other personal property regardless of whether they are: tangible or intangible, in a format readable by humans or by a computer, in transit between computers or within a computer network or between any devices which comprise a computer or located on any paper or in any device on which it is stored by a computer or by a human.

If the value of the property or services embezzled is $200 or more, Virginia computer embezzlement carries a potential prison sentence of up to twenty years.