MySpace Cyberbully Indicted

For those who think they can set up phony accounts for malevolent purposes:


From Fox News: http://www.foxnews.com/story/0,2933,356056,00.html

A federal grand jury in Los Angeles indicted a Missouri woman Thursday for her alleged role in a MySpace hoax on a teen neighbor who committed suicide after being spurned by the "boy" in the fake profile.

Lori Drew, of Dardenne Prairie near St. Louis, was charged with one count of conspiracy and three counts of accessing protected computers without authorization to obtain information to inflict emotional distress on the girl.

Drew allegedly helped create a false-identity MySpace account to contact Megan Meier, who thought she was chatting with a 16-year-old boy named "Josh Evans."

Megan, 13, hanged herself at home in October 2006 after receiving cruel messages, including one stating the world would be better off without her.

Drew's attorney, Jim Briscoe, did not return FOXNews.com's requests for comment about the indictment.

Click here to read the indictment.

Drew has denied creating the account and sending messages to Megan.

U.S. Attorney Thomas P. O'Brien said the federal statute on accessing protected computers has been used before to address Internet hacking, but this was the first time it has been used in a social-networking situation.

"This was a tragedy that did not have to happen," O'Brien said.

Both the girl and MySpace are named as victims in the case, he said.

MySpace, a social networking site, is owned by Beverly Hills-based Fox Interactive Media Inc. The indictment noted that computer servers are located in Los Angeles County.

Due to juvenile privacy rules, the indictment refers to the girl as M.T.M., the U.S. attorney's office said.

FBI agents in St. Louis and Los Angeles investigated the case, said Salvador Hernandez, assistant agent in charge of the Los Angeles FBI office. He called the case heart-rending.

"The Internet is a world unto itself. People must know how far they can go before they must stop. They exploited a young girl's weaknesses," Hernandez said.

"Whether the defendant could have foreseen the results, she's responsible for her actions," he said.

The conspiracy count carries a maximum penalty of five years in federal prison. Each count of accessing protected computers carries a maximum possible penalty of five years in prison. In all, Drew could face up to 20 years in federal prison if convicted.

Drew will be arraigned in St. Louis and then moved to Los Angeles for trial.

The indictment said MySpace members agree to abide by terms of service that include, among other things, not promoting information they know to be false or misleading; soliciting personal information from anyone under age 18 and not using information gathered from the Web site to "harass, abuse or harm other people."

The indictment charged that Drew and others, who were not named, conspired to violate the service terms from about September 2006 to mid-October of that year.

They registered as a MySpace member under a phony name and used the MySpace account to obtain information on the girl, the grand jury alleged.

Drew and her co-conspirators "used the information obtained over the MySpace computer system to torment, harass, humiliate, and embarrass the juvenile MySpace member," the indictment charged.

After the girl killed herself, Drew and the others deleted the information for the account opened under the phony name, the indictment said.

Last month, 19-year-old Ashley Grills, an employee of Drew, told ABC's "Good Morning America" she created the false MySpace profile, but said Drew wrote some of the messages to Megan.

Grills also claimed Drew suggested talking to Megan via the Internet to find out what Megan was saying about her daughter, who was a former friend.

Grills also said she wrote the message to Megan about the world being a better place without her. The message was supposed to end the online relationship with "Josh" because Grills felt the joke had gone too far.

"I was trying to get her angry so she would leave him alone and I could get rid of the whole MySpace," Grills told the morning show.

Megan's death was investigated by Missouri authorities, but no state charges were filed because no laws appeared to apply to the case.

Click here for more on this story from MyFOXStLouis.com.

The Associated Press contributed to this report. MySpace is a subsidiary of News Corp., the parent company of FOXNews.com.

Related Stories
Creator of Phony Internet Profile That Led to Teen's Suicide Speaks Out
Missouri Lawmakers Consider Harassment Law After Teen's Internet Suicide
Family Shunned Over MySpace Hoax, Teen's Suicide
Raw Data: Drew Family Statement on MySpace Suicide
MySpace Mom Linked to Missouri Teen's Suicide Being Cyber-Bullied Herself
Prosecutor: No Criminal Charges in MySpace Suicide
Mom: MySpace Hoax Led to Daughter's Suicide

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Sender of Internet Threats Expected to Plead Guilty

Man accused of writing hateful letters expected to plead guilty

Zanesville Times Recorder Thu, 15 May 2008 3:45 AM PDT

CLEVELAND - A man accused of writing racially hateful letters to blacks, including U.S. Supreme Court Justice Clarence Thomas, is expected to plead guilty in federal court Thursday.

David Tuason, 46, of the Cleveland suburb of Pepper Pike, is accused of writing threatening letters over two decades, often targeting black men seen with white women.

Acting U.S. Attorney Bill Edwards and Donna Grill, an assistant public defender representing Tuason, say they expect him to enter a plea agreement admitting to charges of transmitting threatening interstate communications and mailing threatening communications.

Authorities say FBI agents found Tuason a few months ago when he started sending messages via e-mail instead of U.S. mail.

The letters dated back to the late 1980s, seemed to stop in the early 1990s, but started again later that decade.

Letters and e-mails described in the charges contain threats of violence based on racial hatred. New York Yankees shortstop Derek Jeter, Miami Dolphins defensive lineman Jason Taylor and actor Taye Diggs were among those believed to have been targets.

According to the April 9 indictment, Tuason sent a letter to the Supreme Court on July 25, 2003, addressed to an associate justice of the court referred to as "CT." The indictment only used the initials of victims.

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A Little Old Yet a Relevant Example

Feds retrieve Google records after Gmail used for NAACP death threat
Posted by Xeni Jardin, July 27, 2006 4:08 PM

Steve Bryant of eWeek.com's Google Watch site says,

I was searching about in public court docs and found a warrant from last month that shows the feds searched Google. The doc relates a fascinating story about a dude in West Virginia who sent hate mail to the NAACP via Gmail, and how the FBI caught him. Very CSI: Mountain View. A cautionary tale for all the playah hatahs out there.Here's a snip from the text of Steve's blog post:

The recovered records included the offending e-mail, registration information, session timestamps, and originating IP addresses for amgonow@gmail.com.

That e-mail address was used by a Randall C. Ashby II to send threatening speech from Weston, West Virginia to the Washington Bureau of the NAACP on May 22,2006. That act was a violation of Title 18, United States Code, Section 875c (Interstate Communication of a Threat).

The email read:

You are no match for our numbers and our power. We will come out of the night and rise from the dirt to murder you in your sleep. Meet us on 6/6/06 to seal your fate. The end is at hand, accept your place at the foot of the true masters throne. The kingdom of god is for naught, Hell will rule the earth soon enough. We will meet you at the center of sin, Washington on June 6th or you can hide and die like the insignificant mortals you are. Christ is Dead.

According to court records, there is currently no legal action against Google pending in this matter. Google did not immediately return a request for comment. However, documents obtained by Google Watch shed light on a fascinating tail of digital sleuthing.

Read the rest of it here: http://oraclewatch.eweek.com/blogs/google_watch/archive/2006/07/27/11852.aspx


Steve Bryant's post is interesting for a number of reasons, one of which being the sleuthing trail it traces. But it's worth pointing out that these kinds of requests from federal investigators are not uncommon, and this is not the first time Google has received one. BoingBoing reader SleepNoMore says,

I'm an attorney in New York, and this sort of thing happens quite frequently, in both civil and criminal actions. Civil parties can subpoena Google, Microsoft, or Yahoo for gmail, hotmail, or yahoo email account information, including any and all emails sent from a specific email address.

As this practice is legally acceptable for civil actions, it would certainly seem reasonable to allow such requests (via valid search warrants) in the context of criminal cases involving real threats of violence or otherwise. Of course, defense attorneys can and do frequently challenge such requests and confidentiality and/or protective orders are often required before information is released. But this is certainly nothing new or surprising in the legal realm - Google and Microsoft must receive thousands of similar search warrants and subpoenas each day and likely have a separate legal department for dealing with such requests.

Kooros James Khavarian

UPDATE: 2/21/2007 This case gets weirder and weirder. As sick as we are of seeing stories about Anna Nicole Smith every time we turn the TV on, this particular hate monger is tried, as least tangentially, to Anna Nicole.

You may remember that for a time, Khavarian was a practicing attorney. It seems he spent most of his time practicing how to steal from people, and this resulted in his eventually being disbarred. At his first disciplinary hearing, (see below) on July 2, 2001, Khavarian's license to practice law was suspended for two years, (that part of his sentence was placed on hold) he was placed on probation for two years, and given an actual license suspension of 30 days. The Order for these punishments was to take effect on August 1, 2001.

In the meantime, Vickie Lynn Marshall (also known as Anna Nicole Smith) was preparing her will, using an attorney named Eric James Lund. One would think that a rich and famous celebrity would make sure to use an attorney with probate experience in drawing up a will (although this is not required, it is wise), however, attorney Lund, by his own admission, does not seem to have any probate experience. According to his Martindale's biography and the website of his law firm Lund specializes in real estate law and collections. Yet Anna Nicole for whatever reason decided to have attorney Lund draw up her will.

On July 30, 2001, one day before his suspension from the practice of law was to take effect, Kooros James Khavarian signed Anna Nicole Smith's will as a witness, along with attorney Lund as the will's preparer, and Kimberly Walther, (Ms. Smith's personal assistant) as a second witness. You can find notice in reading her will (pdf viewer necessary) that the witness signatures are on the very last page. Mr. Khavarian's signature shows his address at that time to be 5250 Bellingham Ave, Apartment 6, Valley Village CA 91607, the very same address shown on Khavarian's records with the CA Bar Association. A witness does not have to be an attorney to witness a will, but it seems rather odd that this happened just one day before his suspension was to go into effect.

What was Khavarian's connection with the will? Did he help prepare it? Was he friends with attorney Lund? No one is answering questions at this time. It is quite unusual to grab someone completely unknown to witness one's will. Considering Mr. Khavarian's past history, it would not be unreasonable to assume that if he did have anything to do with drafting the will, he made sure that he will profit from it.

Here's the original expose' of Mr. Khavarian:

A Yahoo member using the ID of jimkhavarian and the name of Kooros James Khavarian is responsible for posting hundreds of messages that are filled with hate speech, threats of violence, obscenities, anti-Semitism, and the rantings of someone who is a classic example of the poor state of mental health care in the US. Kooros James Khavarian at times claims to be a Muslim, at other times he claims he is "an infidel", whether he belongs to any religious group at all cannot be confirmed. What can be confirmed is that he is a thief, a liar and a violent racist. (Standard disclaimer: This racist does not represent the true tenets, values and practices of Islam.)

Judge for yourself, but be forewarned, these posts contain prolific obscenities, threats of violence and murder, and racist rantings. These posts show that Khavarian is completely unable to engage in reasoned debate, that his temper tantrums and bigotry cause his messages to be nothing more than the vilest of obscenities and threats. His posts are much more of what would be heard on a playground rather than in a classroom. (You may have to join this Yahoo group to read the posts - if you have the stomach for it - but I wouldn't advise staying for long.)

http://groups.yahoo.com/group/American_Intifada/message/22183

http://groups.yahoo.com/group/American_Intifada/message/22147

http://groups.yahoo.com/group/American_Intifada/message/22146

http://groups.yahoo.com/group/American_Intifada/message/22131

http://groups.yahoo.com/group/American_Intifada/message/22091

http://groups.yahoo.com/group/American_Intifada/message/22090

http://groups.yahoo.com/group/American_Intifada/message/22087

http://groups.yahoo.com/group/American_Intifada/message/22110
(his mildest post):

THE SATANIC CULT OF ZION BELIEVES THEIR OWN BULLSHIT. THROUGH THEIR CONTROL OF THE MEDIA, THEY BRAINWASH THEIR OWN SEWER LEGIONS.

THERE IS NOTHING LOWER THAN A JEW. ABSOLUTELY
POSITIVELY NOTHING IS LOWER THAN A JEW.

AT THE BOTTOM OF SOCIETY, YOU WILL FIND THE HEART OF THE JEW CULTURE.

ANYONE WHO SIDES WITH THE JEW GUTTER CULT OF FILTH WILL SUFFER THE REPERCUSSIONS IN THE END.


And direct race-based death threats (yes, these have been reported to the FBI):

http://groups.yahoo.com/group/American_Intifada/message/22066


Some people foolishly think that making a death threat or racist threat over the Internet is not a crime, but they usually learn the truth from the inside of a prison cell:

18 U.S.C. 875(c), which makes the transmission of any communication in interstate and foreign commerce containing a threat to kidnap or injure another, punishable up to five years in prison and/or a fine of up to $250,000. This federal law applies to transmissions actually sent in interstate or foreign commerce via the telephone or Internet and the communication would have to contain an actual threat.

There are 380 messages like the above from this very sick person just in that one particular discussion group, just since January 5th, 2007.

What type of person would be so hate filled as to post such vile speech and threats online? Let's look at Mr. Kavarian:

Kooros James Khavarian, from New Jersey, was a practicing attorney when he moved his law practice to California and got involved with Mace David Howell Jr, an Arkansas former banker who bilked investors of more than $70 million dollars in a Ponzi scheme, then apparently committed suicide in his Los Angeles hotel room in October 2003. The last person to see Mr. Howell alive was - surprise - Kooros James Khavarian! Investors who sued Howell's estate want to know where the missing money went to. The SEC and the FBI would also like an answer to that question.


AFTER THE FALL First of three parts : DEATH OF A DEAL MAKER ‘Guarantees’ of lavish returns enticed and burned investors


In 2001, the US Government sued Mr. Khavarian for never repaying his student loan, and won a default judgement of $37,884.89 (Case No. 2:01-cv-03081-URC, US District Court, Central District of California, Los Angeles.)

On July 2, 2001, Mr. Khavarian's ability to practice law was placed on probation by the California Supreme Court, after they found he had violated the canons and ethnics of the legal profession.

Khavarian agreed that he performed incompetently, failed to inform a client of significant developments, improperly withdrew from employment and misrepresented facts, an act of moral turpitude, dishonesty or corruption. http://calbar.ca.gov/calbar/2cbj/01nov/attdisc.htm

In January 2003, the CA Supreme Court elevated the probation to suspending Mr. Khavarian's license. See http://www.courtinfo.ca.gov/courts/minutes/documents/SJAN0603.PDF

On February 19, 2004, Mr. Khavarian was formally disbarred by the California Supreme Court for a continuing pattern of violating the canons and ethics of the legal profession. See http://www.courtinfo.ca.gov/courts/minutes/documents/SFEB1904.DOC. S120909

KHAVARIAN ON DISCIPLINE Recommended discipline imposed: disbarred. It is hereby ordered that KOOROS JAMES KHAVARIAN, State Bar No.171550, be disbarred from the practice of law and that his name be stricken from the roll of attorneys

After being disbarred, Mr. Khavarian ended up back in New Jersey, whiling away the hours posting hate speech, obscenities and bigotry on the Internet. Such a sad ending for a life that had such promise as an attorney. When I have Mr. Khavarian's Bureau of Prisons address, I'll post it and perhaps he can receive mail from his fellow anti-Semitic bigots. At least in prison he'll be cheered up by the anti-Semitism from the Aryan Brotherhood, one of the largest segments of the US prison population.

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An Update on Joe Kaufman

An update on the Joe Kaufman information (see "Americans for Hate, Bigotry and Murder")

About a year ago, Kaufman went on a rant against a Muslim-run children's charity, claiming they were a front for raising terrorist funds. Following his usual pattern, Kaufman published it all over the web, in townhall.com, WorldNetDaily, NewsMax, all of his websites and blogs, etc., stating his claims with absolute certainty and righteous indignation. He made TV and radio talk show appearances repeating these same allegations. The charity sued Kaufman and his cohorts in federal court, and found some interesting things during the discovery process (uncovering evidence for trial). It is reported that in depositions, Kaufman and his cohorts admitted, under oath, that they had no evidence whatsoever with which to support their claims, that they made it all up. The charity, on the other hand, has been able to produce a letter from the Dept. of Justice stating that the DoJ has absolutely no records or investigations tying the charity or its principles to any criminal or terrorist activities or groups.

Additionally, one of Kaufman's websites, militantislammonitor.org turns out to be using the phone number of the Adult Correctional Services of the State of Illinois, and the address of a medical collection service in Peoria, Illinois (remember Kaufman lives in Florida.)

Since Kaufman's website of militantislammonitor.org raises significant amounts of funding (he has appeals for funds on just about every page of every website), and has registered that website to a fictitious address and phone number, it is alleged that fraud is involved, and questions are being raised about what Kaufman is using "tens of millions of dollars" for.

The Illinois Attorney General's Office has now turned the investigation over to their Office of Internet Crimes.

http://www.wrmea.com/archives/December_2006/0612060.html

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