RE: [dvd-discuss] Skylarov indicted for trafficing and conspiracy.

["Kroll, Dave" <Dave_Kroll(at)cargilldow.com>]

Maybe the overzealous indictment is so that they have some room to plea
bargain down?

David Kroll

 -----Original Message-----
From: 	John Young [mailto:jya@pipeline.com] 
Sent:	Wednesday, August 29, 2001 9:09 AM
To:	dvd-discuss@eon.law.harvard.edu
Subject:	Re: [dvd-discuss] Skylarov indicted for trafficing and
conspiracy.

This is from the US Attorney's Office press release yesterday:

  http://cryptome.org/dmitry-doj-hit.htm

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The United States Attorney's Office for the Northern District of 
California announced that Elcom Ltd. (also known as Elcomsoft 
Co. Ltd.) and Dmitry Sklyarov, 27, both of Moscow, Russia, were 
indicted today by a federal grand jury in San Jose, California on 
five counts of copyright violations.

The defendants were each indicted on one count of conspiracy 
to traffic in technology primarily designed to circumvent, and 
marketed for use in circumventing, technology that protects a 
right of a copyright owner, in violation of Title 18, United States 
Code, Section 371; two counts of trafficking in technology 
primarily designed to circumvent technology that protects a 
right of a copyright owner, in violation of Title 17, United States 
Code, Section 1201(b)(1)(A); and two counts of trafficking in 
technology marketed for use in circumventing technology that 
protects a right of a copyright owner, in violation of Title 17, 
United States Code, Section 1201(b)(1)(C). . . .

The maximum statutory penalties for each count in violation 
of Title 17, United States Code, Sections 1201 (b)(1)(A) and 
1201 (b)(1)(C) are five years imprisonment for an individual 
and a fine of $500,000 for an individual or corporation. The 
maximum penalties for a violation of Title 18, United States 
Code, Section 371, are five years imprisonment and a fine 
of $250,000 for an individual, and a fine of $500,000 for a 
corporation. However, any sentence following conviction 
would be dictated by the Federal Sentencing Guidelines, 
which take into account a number of factors, and would 
be imposed in the discretion of the Court. An indictment 
simply contains allegations against an individual or 
corporation and, as with all defendants, Elcom and Mr. 
Sklyarov must be presumed innocent unless and until 
convicted."

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