Virginia Arrests Alleged HGH Spammer

June 8, 2004
A Texas woman has been indicted and arrested for allegedly violating Virginia’s anti-spam law. Jennifer Murray of Fort Worth faces five felony charges, each one carrying a maximum penalty of five years in prison.

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Texas officials arrested Murray after she was indicted by a Loudoun County, Va., grand jury. She is expected to be extradited to Virginia to face trial in Loudoun County. An accomplice facing similar charges is still at large in another state.

"Anyone who has e-mail certainly knows about Spam – that frustrating, unwanted e-mail that shows up every day by the dozens or hundreds in your in-box," Virginia Attorney General Jerry Kilgore said. "Spam has a direct, negative impact on the efficiency and effectiveness of the free enterprise system and day-to-day operations of business. I am pleased that we are again putting our new law against this activity to good use."

The indictment alleges Murray sent spam between October 2003 and February 15, 2004 through Internet servers located in Virginia, which gives the Commonwealth jurisdiction. Specifically, she is accused of sending more than 10,000 illegal e-mails during a 24-hour period on each of the days of October 8, 2003, November 4, 2003, December 28, 2003, January 16, 2004 and February 15, 2004.

These numbers include only a small portion of the actual e-mails that were sent during this period as these numbers represent actual complaints to the Internet Service Providers about the spam. Additionally, she is accused of falsifying or forging e-mail transmission or other routing information, known as the header, which prevents the recipient from knowing the true origin of the e-mail. Using such false information is what makes the act a crime, and the volume of e-mails sent elevates the charge to a felony.

The defendant is accused of sending emails promoting Human Growth Hormones ("HGH") which claim to: increase sexual potency and vigor up to 75%; promote body fat loss up to 82%; increase wrinkle reduction up to 61%; boost energy level up to 84%; improve memory up to 62%; and build muscle strength up to 88%.

In December 2003, Kilgore announced the nation’s first felony charges and arrest for using fraudulent means to send spam. Jeremy Jaynes (aka: "Jeremy James" and "Gaven Stubberfield") and his co-conspirator Richard Rutkowski were arrested in Raleigh, North Carolina and face charges in Loudoun County.

In April 2004, Kilgore announced that Jessica Jaynes (aka: Jessica DeGroot), sister of Jeremy Jaynes, had been charged with similar crimes. All three individuals face four felony charges, each of which carries punishment of one- to five-years in prison, a fine of up to $2,500, or both.

Virginia’s anti-spam law prohibits the sending of unsolicited bulk e-mails by fraudulent means, such as changing the header or routing information to prevent recipients from contacting or knowing the identity of the sender.

The charge can be elevated to a felony if any of the following applies:

• The volume of spam transmitted exceeds 10,000 in any 24-hour time period, 100,000 in any 30-day time period, or one million in any one-year time period.
• Revenue generated from specific spam exceeds $1,000 or total revenue from all spam transmitted to any ISP exceeds $50,000.
• The defendant knowingly hires, employs, uses or permits any minor to assist in the transition of spam.

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