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loved your sincere post.
This is my new BH forum.
Cheers!
SP you have made me open my eyes about what goes on there
Im done with that site now and wont be back
faxon (10-21-2011)
Thanks SP, for enlightening us of the situation.
Does this mean that Harro and Diamond Dave are headed to Guantanamo Bay?My suggestion to the career impersonators is to cut the shit out cause as a religious person without a turban, I do believe the saying that ' God Works in Mysterious Ways..'. If your not religious, then science (Einstein Theorem) suggest that "action = reaction". So my suggestion is refrain from fucking with the weight of gravity cause a career of impersonation will eventually bring you down.
Note: That's not a warning or personal threat, just a set of values and belief - something I take religiously. :)
the admin of this forum really cares about everyone thanks sharepro!![]()
i have been ip banned from BHW is this the same for everyone here?
I thought I would update this. Like I said originally, your video about BHW taking over your account was more telling and descriptive of some of the shaddyness that goes on over there.
As for the US legal system and how Mr. Kennedy had his home raided and subsequently, indicted, charged and convicted. I'll share this... And I am sure we can differ (I'm sure you have a lot of experience dealing with the authorities running an webhosting company/datacenter).
So typically in the US here is how things go. By some means the government becomes involved with investigating an individual - now this may come at the request of another agency, an request from a private company or individual who has been injured or suffered some loss or by their own investigators turning something up. That said, in recent years the government has had a lot of agendas and different agencies working to uncover these "sophisticated crimes". You now have the Department of Homeland Security, ICE (immigration and customs enforcement), and US Marshalls often times partnering under the Deparment of Justice assisting with the evidence collection, and prosecution of these crimes. Where as a few years ago, many of these organizations would not be involved nor offer assistance, but because of how the government is structured and special initiatives in recent years its how things are.
Now keep in mind, that many of the people and agencies in charge with investigating these crimes do not have the resources nor skilled manpower to really investigate these types of internet and computer crimes. Most angencies only have a handfull of skilled individuals who are trained, which is one reason why a lot are on a massive hiring spree looking for qualified candidates. That said, now typically what happens is the investigating agent is looking to see whether there is enough evidence to indicate a crime was committed. Sometimes this will be quite apparent, other times they will need to do some preliminary investigating to determine whether to investigate further.
So lets say the agent in charge of investigating the crime in this case Mr. Kennedy, has indentified that there is a strong possability he defrauded a company and influenced other people to profit as well. Well the agents next step is to collect enough evidence to get a warrant to search the persons premises and preserve any data from their hosting companies. Part of the evidence may be collecting in interviewing the individual, but a lot of the time they will wait till after the warrent has been executed if they have enough evidence. So next they type up all the evidence they have that Mr. Kennedy was believed to be defrauding a company and benefiting from others defrauding a company. Some of the evidence we will assume came directly from the company, in the forum of agreements he signed to use their auction site, as well as evidence he posted directly on the internet, and Even those posts. They don't have to prove that 100% they came from Mr. Kennedy, only there is a strong likelyhood they originated from him (again I can point you to 20+ other recent cases of similar warrents filled out like this). So once they have all their supporting documentation, they go to a Judge and either he signs off on the warrant, required it be ammended (or changed slightly) or denys the warrent. However, in the majority of cases the warrent is "signed off by the Judge", and its returned executed with the evidence log.
So now, the federal government and agent has taken Mr. Kennedy's computers, other evidence, and server data. So now the agents go through the data they believe further indicates a crime took place. They mall also supeona BHW for information (and a lot of the time they will go straight to the datacenter with that supeona because they don't know if the persons will attempt to destroy evidence)... That said, in 99% of the cases, the datacenter will comply with the supeona and then inform the operator later.
So next comes the indictment, where the government lays out the formal charges they intend to prosecute you under. You generally have two options at this point, either hire a lawyer (its going to cost at least $80k+retainer depending on where you live and charges and there is no guarantee you'll win) or take the assistance of the state appointed attorney. Which in Mr. Kennedy's case is what he decided to take. Bear in mind when the federal government comes against you, it's not like a regular trial where you have a chance. 95% of the time it's a plead out for less time, because at that point your assets are frozen, your business is shutdown and your basically screwed. So most cases your state provided attorney will make some plea agreement with the federal prosecutor for agreeing to plead guilty. And in this case, at Mr. Kennedy's first trial, after his within less than an hour had agreed to a plea agreement and accepted.
Now, lets say Mr. Kennedy didn't accept the plea agreement. The court would then have a hearing to decide whether there government had enough evidence to formally charge Mr. Kennedy or if the case would be dismissed. Bear also in mind that in most cases, at this point unless your attorney does a lot of legal manoovering and has a strong case to appose the governments indictment, your not going to win at this stange. So next your going onto preparing for trial, motions by the government and your state aided attorney will be made and it will likely drag on for several months. At which point, you may or may not accept a plea agreement anyway.
Very informative post SharePro.
Thank you for taking your time to warn everyone.
Sharepro the manHappy to be here matey :P
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