Feds Followed the Money in Spam Lawsuit

WASHINGTON – Even in the high-tech information age the most basic investigative tactics can pay off. In the recent case of the federal government's naming of four suspects accused of violating the terms of the Can-Spam Act of 2004, investigators are saying that all they did was "follow the money."

In tracking down the four defendants, Daniel J. Lin, James J. Lin, Mark M. Sade, and Christopher Chung, investigators said they followed the purchase of an online weight loss patch and then followed the money trail all the way to Detroit-based Phoenix Avatar. The lawsuit is the first of its kind so far filed under the terms of the federally enforced anti-spam legislation.

Phoenix Avatar also operated under the names AIT Herbal, Avatar Nutrition, and others, the FTC said in a statement. Profits are estimated at $100,000 per month on sales of weight loss products, which sold for $80.90, and growth hormone products, which sold for $74.95, and according to investigators, did not contain any growth hormones.

The FTC has proof that Avatar used "spoofing" methods to dupe consumers, which involves forging headers on email to make it appear that they came from an innocent third party.

Under the new federal law it is now a felony to use false and deceptive email marketing practices to hide the origin of the spam messages. After months of trying to trace the origin of the emails themselves, investigators decided to take a more old-fashioned route and simply waited to see who charged their credit card in the purchase.

"We buy the product and see who charges our credit card," said Howard Beales, director of the consumer protection bureau at the Federal Trade Commission. "It's virtually impossible to trace the email itself," he added, because of forged return addresses.

The four defendants, arrested yesterday in West Bloomfield, Mich., were running what is considered one of the largest spam operations in the country, according to UK-based Spamhaus, an Internet security company.

Only two of the men have so far appeared in U.S. District Court.

The FTC also filed a legal action against Global Web Promotions, a spam enterprise based in Australia and New Zealand, which solicits bogus growth hormone products.

Both companies have been brought to a standstill from the joint efforts of the U.S. Attorney’s Office in Detroit and the U.S. Postal Inspection Service, which have been tracking them since Can-Spam was first enacted on Jan. 1, 2004. To date, the FTC has collected 490,000 emails as evidence against Phoenix Avatar.

“The cyber scam artists who exploit the Internet for commercial gain should take notice," said Jeffrey G. Collins, U.S. Attorney for the Eastern District of Michigan.

All four suspects face five years in prison under the terms of Can-Spam and up to 20 years in prison under U.S. mail fraud statutes.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Launches Mobile App for Real-Time Affiliate Alerts

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Show More