With shovels, AOL looks for retribution

[MotionMan]

http://www.cnn.com/2006/LAW/08/15/spammer.gold.ap/index.html

With shovels, AOL looks for retribution

Internet company to dig for gold at home of spammer's parents

WASHINGTON (AP) -- AOL is preparing to dig for buried gold and platinum on property in Massachusetts owned by the parents of a man it sued for sending millions of unwanted spam e-mails to its customers.

AOL said Tuesday it intends to search for gold and platinum bars the company suspects are hidden near the home of Davis Wolfgang Hawke's parents on two acres in Medfield, Massachusetts.

The family said it will fight in court to oppose AOL's plans. (Watch as the father accuses AOL of "just fishing" -- 1:28)

AOL won a $12.8 million judgment last year in U.S. District Court in Virginia against Hawke but has been unable to contact Hawke to collect any of the money he was ordered to pay. AOL accused Hawke of violating federal and state anti-spam laws by sending unwanted e-mails to its subscribers and won its case in a default judgment against Hawke, who didn't show up in court.

"I don't care if they dig up the entire yard. They're just going to make fools of themselves," said Peggy Greenbaum, Hawke's mother. "There's absolutely no reason for them to think that Davis Hawke would be stupid enough to bury gold on our property. My son is long gone."

To win a judge's permission for the search, AOL submitted receipts reflecting large purchases by Hawke of gold and platinum bars, Graham said. The company indicated it believes Hawke buried the loot on his parents' property using a shovel.

Greenbaum said the family believes Hawke buried gold in the White Mountains 130 miles north of Boston. She said he once confided to her that he bought gold -- rather than expensive homes or cars -- because it would be more difficult to seize in lawsuits.

At the height of Hawke's Internet activities, experts believe, Hawke and his business partners earned more than $600,000 each month -- much of it cash -- by sending unwanted sales pitches over the Internet for loans, pornography, jewelry and prescription drugs.

"They were millionaires, if only briefly," said Brian McWilliams, a journalist who interviewed Hawke and wrote extensively about him in "Spam Kings," a 2004 book about e-mail spammers. McWilliams said Hawke lived a nomadic life as an adult, eschewed luxuries and described burying his valuables.

"Hawke lived like a pauper really," McWilliams said. "He drove a beater of a used car, an old cop car. He never owned a house or anything."

Greenbaum said her husband and father intend to challenge AOL's plans to dig on the family's property and search the family's 3,000-square-foot home. She said AOL's lawyer notified the family that the company intends to use bulldozers and geological teams to hunt for gold and platinum on their property.

Greenbaum said she has not talked with her son in more than a year and complained about the embarrassment and humiliation he brought to the family.

"We don't know where is he," she said. "We certainly wouldn't allow him to put any gold on our property."

AOL defended its efforts.

The dig isn't something out of "Treasure Island," AOL spokesman Nicholas Graham said. "This is a court-directed, judge-approved legal process that is simply aimed at responsibly recovering hidden assets."

AOL said it will try to accommodate Hawke's parents by not being too obtrusive.

A former U.S. prosecutor described AOL's efforts as highly unusual. Marc Zwillinger said his law firm has seized plasma televisions, jet skis and other gadgets in unrelated spam and piracy lawsuits.

"But I've never had a case digging up gold bars and bullion," Zwillinger said. "That's definitely unique."

MotionMan

 

[pinion9]

600K per month! Why am I even working?

 

[MikeyIs4Dcats]

Really?

 

[Ika]

so they're really digging for money, not just trying to weasel someone into signing up for AOL?

 

[ArchCenturion]

So what? Did David like leave the country or something? Maybe he just shipped it to himself on some tropical Island, thats what I would do.

 

[dethman]

that's fvcking hilarious.

 

[Winchester]

Should not be allowed to happen. They should not be allowed to even enter on his parent's property for any reason. The parents are not liable for the what their adult aged son did.

 

[toekramp]

Originally posted by: Winchester
Should not be allowed to happen. They should not be allowed to even enter on his parent's property for any reason. The parents are not liable for the what their adult aged son did.

:roll: "you can't come on my property to retrieve this stolen vehicle that my friend took... this is my land!"

 

[MotionMan]

Originally posted by: Winchester
Should not be allowed to happen. They should not be allowed to even enter on his parent's property for any reason. The parents are not liable for the what their adult aged son did.

Unless they allowed him onto their property to do what he is accused of doing (you have a duty to not allow criminal activity on your property and to report all known criminal activity that occurs thereon). They may have become accomplices, and, thus, should have their property searched.

Apparently, the judge had a reasonable belief that AOL will find something there.

MotionMan

 

[MisterJackson]

I ain't saying they is gold diggas......

 

[Winchester]

Originally posted by: MotionMan

Originally posted by: Winchester
Should not be allowed to happen. They should not be allowed to even enter on his parent's property for any reason. The parents are not liable for the what their adult aged son did.

Unless they allowed him onto their property to do what he is accused of doing (you have a duty to not allow criminal activity on your property and to report all known criminal activity that occurs thereon). They may have become accomplices, and, thus, should have their property searched.

Apparently, the judge had a reasonable belief that AOL will find something there.

MotionMan

Searching and digging up the whole property is above and beyond. If the parents did not know then they are not liable. Kinda like saying since we all know the "mob" is doing something illegal we are all liable and therefore open to search and seizure.

Originally posted by: toekramp

Originally posted by: Winchester
Should not be allowed to happen. They should not be allowed to even enter on his parent's property for any reason. The parents are not liable for the what their adult aged son did.

:roll: "you can't come on my property to retrieve this stolen vehicle that my friend took... this is my land!"

Not once did it say that the gold was stolen.

 

[silverpig]

AOL sued some guy for spamming and won? I sure as hell hope they don't use that $12.8 million to send me another few AOL cds in the mail.

 

[MotionMan]

Originally posted by: Winchester

Originally posted by: MotionMan

Originally posted by: Winchester
Should not be allowed to happen. They should not be allowed to even enter on his parent's property for any reason. The parents are not liable for the what their adult aged son did.

Unless they allowed him onto their property to do what he is accused of doing (you have a duty to not allow criminal activity on your property and to report all known criminal activity that occurs thereon). They may have become accomplices, and, thus, should have their property searched.

Apparently, the judge had a reasonable belief that AOL will find something there.

MotionMan

Searching and digging up the whole property is above and beyond. If the parents did not know then they are not liable. Kinda like saying since we all know the "mob" is doing something illegal we are all liable and therefore open to search and seizure.

It is not like that at all. First of all, they did not say they were going to dig up the whole property. They were going to use "geological teams", which implies to me that they are going to try an narrow things down a bit.

The statement "If the parents did not know then they are not liable" is incorrect. One cannot plead innocence by remaining (or allegy being) what is called "purposely ignorant". In any event, the parents are not being accused of anything except that their proeprty has been used to hide their son's assets which must be turned over to AOL.

You mob analogy is so far afield, I am not sure how to address it - see below.

Originally posted by: toekramp

Originally posted by: Winchester
Should not be allowed to happen. They should not be allowed to even enter on his parent's property for any reason. The parents are not liable for the what their adult aged son did.

:roll: "you can't come on my property to retrieve this stolen vehicle that my friend took... this is my land!"

Not once did it say that the gold was stolen.[/quote]

No, but the gold would be assets that can be seized to repay AOL. The allegation is that the guy converted his assets to gold to make them easier to hide, which is illegal (you cannot hide or transfer assets that are subject to a judgment). AOL can use reasonable means to recover those assets.

MotionMan, Esq.