Man pleads innocent in vast spam operation

Associated Press

MILWAUKEE

A 23-year-old Russian man accused of masterminding a vast worldwide spamming network pleaded not guilty Friday in federal court in Wisconsin to violating a U.S. anti-spam law.

The judge ordered Oleg Y. Nikolaenko held without bond, saying he was a flight risk because of his access to cash and his lack of ties to Wisconsin or the U.S.

Nikolaenko was brought into court wearing bright- orange prison pants and matching sweatshirt and shackled at the ankles. His attorney entered the plea as a Russian interpreter translated for the Moscow man.

Prosecutors say Nikolaenko ran a network that involved placing malicious code on unsuspecting users’ computers and then hijacking the infected machines to blast out billions of e-mails.

Internet-security experts say the network was so massive that on some days it accounted for one of every three unwanted e-mails in the world.

Nikolaenko is charged with violating the CAN-SPAM act by intentionally falsifying header information in commercial e-mail messages and sending at least 2,500 spam e-mails per day, the minimum threshold for the charge. Prosecutors say his network was capable of sending up to 10 billion messages per day.

The charge carries a maximum penalty of three years in prison and a $250,000 fine.

Nikolaenko, unshaven with disheveled hair, sat silent and expressionless during the 20-minute proceedings.

His attorney, Christopher Van Wagner, said he intended to mount a vigorous defense and would examine whether broad pretrial publicity might jeopardize his client’s ability to receive a fair trial.

Assistant U.S. Attorney Erica O’Neil said the prosecution’s case would hinge on “voluminous” records including e-mails Nikolaenko allegedly sent and information gleaned from computer hard drives.