Tags: adobe systems incorporated, auction software, bramlet, criminal prosecution, ebay, ebay software, guilty plea, hopatcong new jersey, information industry association, litigation counsel, mail fraud, piracy fight, recent lawsuits, rowland heights california, scott bain, software auction, software piracy, software pirate, software pirates, symantec corporation,
Media Release
For Immediate Release
SIIA Contact: Keith Kupferschmid, SVP, Intellectual Property Policy & Enforcement, 202.789.4442
Scott Bain, Litigation Counsel, 202.789.4492
Press inquiries: Eileen Bramlet, SIIA Communications, 202.789.4469
Banner Day in Auction Software Piracy Fight:
SIIA Announces 26th Lawsuit of '08 and
Guilty Plea Entered in Auction Site Piracy Criminal Case
SIIA's Auction Litigation Program Provided Lead to Justice Department, Resulting in Criminal
Prosecution of Jeremiah Mondello, a Notorious eBay Software Pirate
Washington, D.C. May 15, 2008 Dramatic legal action against auction site software pirates
was announced today by the Software & Information Industry Association (SIIA) and the
Department of Justice. SIIA filed nine new lawsuits against individual sellers of pirated software
on eBay, bringing its year-to-date total to 26 cases. Meanwhile a guilty plea was entered by
Jeremiah Mondello, one of the most notorious sellers of pirated software on eBay.
The new lawsuits are part of SIIA's Auction Litigation Program, which was also responsible for
providing the DOJ with information that led to Mondello pleading guilty to counts of copyright
infringement, mail fraud and aggravated identity theft. The latest round of lawsuits continues
SIIA's commitment to ramping up software auction enforcement in 2008. SIIA began with nine
lawsuits in February, filed an additional eight in March, and announced another nine today.
Each of the recent suits was filed in the US District Court for the Northern District of California
on behalf of SIIA member companies, including Adobe Systems Incorporated and Symantec
Corporation.
The most recent lawsuits charged all of the following with knowingly selling software illegally on
eBay: Edward Hackim of Raleigh, North Carolina; Debra Taveira of Hopatcong, New Jersey;
Luis Chang of Rowland Heights, California; John Maiella of Henderson, Nevada; Max Acosta of
Los Angeles, California; Joe Bramble of Springport, Michigan; Christopher Cain of Staten
Island, New York; Gabrielle Berthelot-Leven of Medley, Florida; Guy Vinette and Matthew
Sanchez of Niagara Falls, New York.
In addition to these cases, SIIA teamed up with the Department of Justice (DOJ) to pursue
Jeremiah Mondello, an eBay seller who used stolen bank account information to create more
than 40 fictitious eBay and PayPal identities to sell pirated software via the auction site.
Late Wednesday, Mondello, formerly a college student from the University of Oregon, pled guilty
before a district court in Oregon to charges of copyright infringement, aggravated identity theft,
and mail fraud -- and is facing both extensive jail time and fines for his fraudulent sales, which
amounted to a five to six figure sales volume.
SIIA began investigating the eBay seller later discovered to be Mondello in 2007. Using data
collected by SIIA's proprietary Auction Enforcement Tool, SIIA identified Mondello through his
eBay seller ID and determined there were many more additional eBay identities that likely were
being used by Mondello. SIIA then referred all of its case information to the DOJ's Computer
Crimes and Intellectual Property Section (CCIPS) and the Department of Homeland Security's
(DHS) U.S. Immigration and Customs Enforcement Cyber Crime Center -- where investigators
were able to determine that Mondello was not just using a handful of falsified identities. Instead,
he had created more than 40 fictitious seller IDs. He did so by recording and stealing people's
bank account information through a keystroke logger that he distributed over the Internet. He
then used that information to set up false PayPal accounts using fictitious seller names. By
creating these fake seller IDs, he was able to artificially inflate his relatively high standing in the
eBay marketplace, which he then used to attract sales and deliver the pirated goods.
Keith Kupferschmid, SVP of Intellectual Property Policy & Enforcement for SIIA, noted that "This
case is a huge victory in the fight against software piracy on eBay and other auction sites.
Mondello stole innocent people's personal information and used it on eBay to attract sales and
deliver pirated software to unsuspecting consumers. We applaud the DOJ and DHS for their
tireless efforts to promptly crack this difficult case and to put Mondello and those like him where
they belong -- behind bars. This case emphasizes why SIIA remains so diligent and engaged
when it comes to anti-piracy enforcement and why consumers should be leery of any software
deal that seems too good to be true."
Mondello pled guilty to one charge of copyright infringement in the amount of $400,000 to $1
million. That puts him at a certain level for sentencing under the federal sentencing guidelines
whereby he could get a maximum of five years in prison, $250,000 fine and three years of
supervised release; one count of aggravated identity theft, which comes with a mandatory
minimum of two years in prison (this is not discretionary); and mail fraud, which comes with a
penalty of up to 20 years in jail, $250,000 fine and up to three years of supervised release. He
is scheduled to be sentenced on July 23rd.
Scott Bain, SIIA Litigation Counsel, further stated that "Unsuspecting consumers and legitimate
software sellers continue to be harmed by the large number of counterfeit and other
unauthorized products being advertised and sold online, on sites such as eBay."
Auction sellers will be held accountable for the products they are selling, Bain added,
"regardless of whether they knew or claimed ignorance that the products were counterfeit, or
unauthorized OEM or other contraband (grey market) software."
To date, the SIIA program has led to judgments and settlements against illegal eBay sellers as
well as other websites dealing in counterfeit, OEM, unbundled, unauthorized education, and
other versions of software not authorized for Internet resale. Damages paid by defendants have
run as high as several hundred thousand dollars. SIIA also has successfully tracked and
pursued the upstream sources of some of these products, and will continue to do so.
The SIIA Auction Litigation Program aims to educate buyers and sellers on auction sites as to
the harms caused all parties by illegal software resale. Sellers can be prosecuted and buyers
can be stuck with viruses, no technical support and no recourse. In addition to the auction piracy
lawsuits, SIIA has also sought to protect legitimate sellers and unsuspecting buyers by
publishing software buying guides for auction sites, and implementing a certification program for
software sellers (Certified Software Resellers) to help steer consumers of auctioned software to
sellers who have promised to sell only legal software.
About SIIA
The Software & Information Industry Association (SIIA) is the principal trade association for the
software and digital content industry. SIIA provides global services in government relations,
business development, corporate education and intellectual property protection to more than
550 leading software and information companies. For further information, visit: www.siia.net.
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