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A federal judge ordered yesterday that Henry Perez and his wife, Suzanne Bartok, both of Arizona, must pay $236 million in restitution for sending millions of spam messages to a small Iowa ISP.

This ruling is the result of a four-year court case in which it was determined that in 2003,Perez and Bartok sent millions of unsolicited emails to CIS servers, using a program called Bulk Mailing 4 Dummies. The volume of email forced the company to undergo costly server upgrades to process, on average, 500 million spam messages each day, according to company owner Robert Kramer III.

“There were millions of e-mails being delivered to us for each spam campaign to users that didn’t exist on our servers,” Kramer said in an interview. “It was do or die: It wasn’t just a nuisance for us.”

Perez and Bartok maintained throughout the trial that they were not spammers and that the email messages had, in fact, been legitimately generated, but the judge dismissed their explanations as “non-credible.”
Kramer said that overall spam volumes have seen a significant drop in the past five years at CIS, which he believes may be due in part to his company’s litigation efforts.

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