Judgment in
U.S. v. David Lee Smith
Introduction
My essay,
Examples of Malicious Computer Programs, discusses
the Melissa computer virus that was written and released by
David Lee Smith, as well as the legal consequences for him.
After initially pleading "not guilty", Smith pled guilty
on 9 Dec 1999 and was sentenced on 1 May 2002.
The Judgment of the trial court in the case of
U.S. v. David Lee Smith was not published and I
could not find it in a search on the Internet in August 2002.
Because I believe that this historical document should be readily available,
I acquired a paper copy from the U.S. District Court in Newark,
New Jersey, scanned it, used optical character recognition software
to convert the document to ASCII text,
formatted the text in HTML, and posted it on the Internet at
http://www.rbs2.com/dls.htm
I have omitted Smith's personal identification from this document.
Ronald B. Standler
17 September 2002
UNITED STATES DISTRICT COURT
District of New Jersey
UNITED STATES OF AMERICA
v.
DAVID SMITH, Defendant
Case Number 2:99-CR-730-01
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
The defendant, DAVID SMITH, was represented by EDWARD F. BORDEN, JR..
The defendant pled guilty to count(s) 1 of the information on 12-9-99.
Accordingly, the court has adjudicated that the
defendant is guilty of the following offense(s):
Title & Section: 18:1030(a)(5)(A) & 2
Nature of Offense: Fraud activity connected with computers
Date of Offense: 3-26-99
As pronounced on 5-1-02, the sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
It is ordered that the defendant shall pay to the United States
a special assessment of $100.00, for count(s) 1,
which shall be due immediately.
Said special assessment shall be made payable to the Clerk, U.S. District Court.
It is further ordered that the defendant shall notify the
United States Attorney for this district within 30 days of any change of name,
residence, or mailing address until all fines, restitution, costs,
and special assessments imposed by this Judgment are fully paid.
If ordered to pay restitution, the defendant shall notify the court
and United States Attorney of any material change in the defendant's
economic circumstances.
Signed this the 3rd day of May, 2002.
Joseph A. Greenaway, Jr.
United States Judge
[Page 2 of 5]
IMPRISONMENT
The defendant is hereby committed to the custody of the
United States Bureau of Prisons to be imprisoned for a term of 20 Months.
The defendant shall surrender for service of sentence at the institution
designated by the Bureau of Prisons.
[Page 3 of 5]
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be placed on supervised
release for a term of 3 years.
While on supervised release, the defendant shall comply with the standard
conditions that have been adopted by this court (on the next page):
- The defendant shall submit to one drug test within 15 days of commencement
of supervised release and at least two tests thereafter as determined
by the probation officer.
- The defendant shall report in person to the probation office in the district
to which the defendant is released within 72 hours of release
from the custody of the Bureau of Prisons.
- If this judgment imposes a fine, special assessment, costs,
or restitution obligation, it shall be a condition of supervised release
that the defendant pay any such fine, assessments, costs, and restitution
that remains unpaid at the commencement of the term of supervised release.
and shall comply with the following additional conditions:
- The defendant shall contribute 100 hours of community service work
over a period of 36 months or less, from the date probation is granted.
Such service shall be without compensation, with the specific work placement
to be approved by the U.S. Probation Office. The Court will recommend that
the community service be performed in the technological field.
- The defendant shall not possess, procure, purchase or otherwise obtain access
to any form of computer network, bulletin board, Internet, or exchange format
involving computers unless specifically approved by the U.S. Probation Office.
Any dispute as to the applicability of this condition shall be decided
by the Court.
- The defendant shall provide the U.S. Probation Office with full disclosure
of his financial records to include yearly income tax returns
upon the request of the U.S. Probation Office. The defendant shall cooperate
with the probation officer in the investigation of his financial dealings
and shall provide truthful monthly statements of his income.
- The defendant shall participate in a mental health program for evaluation
and/or treatment if directed by the U.S. Probation Office.
The defendant shall remain in treatment until satisfactorily discharged
and with the approval of the U.S. Probation Office.
[Page 4 of 5]
STANDARD CONDITIONS OF SUPERVISION
While the defendant is on supervised release pursuant to this Judgment:
- The defendant shall not commit another federal, state, or local crime
during the term of supervision.
- The defendant shall not illegally possess a controlled substance.
- If convicted of a felony offense, the defendant shall not
possess a firearm or destructive device.
- The defendant shall not leave the judicial district without the
permission of the court or probation officer.
- The defendant shall report to the probation officer as directed by the
court or probation officer and shall submit a truthful and complete written
report within the first five days of each month.
- The defendant shall answer truthfully all inquiries by the probation
officer and follow the instructions of the probation officer.
- The defendant shall support his or her dependents and meet other family
responsibilities.
- The defendant shall work regularly at a lawful occupation unless
excused by the probation officer for schooling, training, or other
acceptable reasons.
- The defendant shall notify the probation officer within seventy-two hours
of any change in residence or employment.
- The defendant shall refrain from excessive use of alcohol and shall not
purchase, possess, use, distribute or administer any narcotic or other
controlled substance, or any paraphernalia related to such substances.
- The defendant shall not frequent places where controlled substances
are illegally sold, used, distributed, or administered.
- The defendant shall not associate with any persons engaged in criminal
activity, and shall not associate with any person convicted of a felony
unless granted permission to do so by the probation officer.
- The defendant shall permit a probation officer to visit him or her at
any time at home or elsewhere and shall permit confiscation of any contraband
observed in plain view by the probation officer.
- The defendant shall notify the probation officer within seventy-two hours
of being arrested or questioned by a law enforcement officer.
- The defendant shall not enter into any agreement to act as an informer
or a special agent of a law enforcement agency without the permission
of the court.
- As directed by the probation officer, the defendant shall notify third
parties of risks that may be occasioned by the defendant's criminal record
or personal history or characteristics, and shall permit the probation officer
to make such notifications and to confirm the defendant's
compliance with such notification requirement.
[Page 5 of 5]
FINE
The defendant shall pay a fine of $5,000.00.
The fine is due immediately. It is recommended that the defendant
participate in the Bureau of Prisons Inmate Financial Responsibility Program.
In the event the entire fine is not paid prior to the commencement of
supervision, the defendant shall satisfy the amount in no less
than equal monthly installments over the term of supervised release.
If the fine is not paid, the court may sentence the defendant to any sentence
which might have been originally imposed.
See 18 U.S.C. § 3614.
Payments shall be applied in the following order: (1) assessment,
(2) restitution principal, (3) restitution interest, (4) fine principal,
(5) community restitution, (6) fine interest, (7) penalties, and (8) costs,
including cost of prosecution and court costs.
[End of Document]
this document is at http://www.rbs2.com/dls.htm
17 September 2002
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Examples of Malicious Computer Programs.
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