132 lines
6.3 KiB
Plaintext
132 lines
6.3 KiB
Plaintext
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From: rice@ttd.teradyne.com
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Subject: Virgin Islands Phreak Arrested and Convicted
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Organization: Teradyne Inc., Telecommunications Division
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Date: Sat, 23 May 92 18:03:55 GMT
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With the on-going discussion of the 'legalities' of unauthorized use
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of long distance access codes (or phone credit card numbers), the
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following is forwarded from alt.ham.radio, as it might be of interest
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to readers. Apparently you don't have to be 'caught with the card' so
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to speak, to be found guilty of toll fraud using un-lawfully obtained
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access numbers.
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Additional details of this story have been published a number of places.
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---------------------------
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[relayed from packet]
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Msg #1083
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From: KZ1D
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Date: 15-May 0309Z
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Subj: The Compleate KV4FZ (1)
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OK, you asked for it, and here it is! The WHOLE, unexpungatetd (sp?)
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article as it appeared in the May 15 W5YI Report ...
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KV4FZ: GUILTY OF TELEPHONE TOLL FRAUD
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St. Croix ham operator, Herbert L. "Herb" Schoenbohm, KV4FZ, has been
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found guilty in federal court of knowingly defrauding a Virgin Islands
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long-distance telephone service reseller. He was convicted April 24th
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of possessing and using up to fifteen unauthorized telephone access
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devices in interstate and foreign commerce nearly five years ago.
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The stolen long distance telephone access codes belonged to the
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Caribbean Automated Long Lines Service, Inc. (CALLS) of St. Thomas,
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U.S. Virgin Islands. Schoenbohm was found to have made more than
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$1,000 in unauthorized telephone calls -- although the prosecution
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said he was responsible for more (make that far more).
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According to the {Virgin Islands Daily News}, Schoenbohm, who is also
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the St. Croix Police Chief of Communications, showed no emotion when
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he was pronounced guilty of the charges by a 12 member jury in U.S.
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District Court in Christiansted. The case was heard by visiting
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District Judge Anne Thompson.
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Neither Schoenbohm or his defense attorney, Julio Brady, would comment
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on the verdict. The jury deliberated about seven hours. The
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sentencing, which has been set for June 26, 1992, will be handled by
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another visiting judge not familiar with the case.
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Schoenbohm, who is Vice Chairman of the V.I. Republican Committee, has
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been released pending sentencing although his bail was increased from
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$5,000 to $25,000. While he could receive a maximum of ten years on
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each count, Assistant U.S. Attorney Alphonse Andrews said Schoenbohm
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probably will spend no more than eight months in prison since all
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three counts are similar and will be merged.
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Much of the evidence on the four day trial involved people who
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received unauthorized telephone calls from KV4FZ during a 1987 period
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recorded by the CALLS computer. Since the incident took place more
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than five years ago, many could not pinpoint the exact date of the
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telephone calls.
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The prosecution produced 20 witnesses from various U.S locations,
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including agents from the Secret Service, the U.S. Marshals Service,
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Treasury Dept. and Federal Communications Commission. In addition
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ham operators testified for the prosecution.
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Schoenbohm was portrayed as a criminal who had defrauded CALLS out of
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hundreds of thousands of dollars. Schoenbohm admitted using the
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service as a paying customer, said it did not work and that he
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terminated the service and never used it again. He feels that there
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was much political pressure to get him tried and convicted since he
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had been writing unfavorably articles about Representative DeLugo, a
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non-voting delegate to Congress from the Virgin Islands, including his
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writing of 106 bad checks during the recent rubbergate scandal.
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Most, but not all the ham operators in attendance were totally opposed
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to KV4FZ. Bob Sherrin, W4ASX from Miami attended the trial as a
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defense character witness. Sherrin told us that he felt the
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conviction would be overturned on appeal and that Schoenbohm got a raw
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deal. "They actually only proved that he made $50 in unauthorized
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calls but the jury was made to believe it was $1,000."
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Schoenbohm's attorney asked for a continuance due to newly discovered
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evidence but that was denied. There also is a question as to whether
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the jury could even understand the technology involved. "Even his own
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lawyer couldn't understand it, and prepared an inept case," Sherrin
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said. "I think he was railroaded. They were out to get him. There
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were a lot of [ham] net members there and they were all anti-Herb
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Schoenbohm. The only people that appeared normal and neutral were the
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FCC. The trial probably cost them a million dollars. All his enemies
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joined to bring home this verdict."
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Schoenbohm had been suspended with pay from the police department job
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since being indicted by the St. Croix grand jury. His status will be
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changed to suspension without pay if there is an appeal. Termination
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will be automatic if the conviction is upheld. Schoenbohm's wife was
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recently laid off from her job at Pan Am when the airline closed down.
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Financially, it could be very difficult for KV4FZ to organize an
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appeal with no money coming in.
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The day after the KV4FZ conviction, Schoenbohm who is the Republican
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Committee vice chairman was strangely named at a territorial
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convention as one of eight delegates to attend the GOP national
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convention in Houston this August. He was nominated at the caucus
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even though his felony conviction was known to everyone. Schoenbohm
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had even withdrawn his name from consideration since he was now a
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convicted felon.
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The {Virgin Island Daily News} later reported that Schoenbohm will not
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be attending the GOP national convention. "Schoenbohm said he came to
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the conclusion that my remaining energies must be spent in putting my
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life back together and doing what I can to restore my reputation. I
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also felt that any publicity in association with my selection may be
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used by critics against the positive efforts of the Virgin Islands
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delegation."
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Schoenbohm has been very controversial and vocal on the ham bands.
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Some ham operators now want his amateur radio license pulled -- and
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have made certain that the Commission is very much aware of his
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conviction.
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John Rice K9IJ | "Did I say that ?" I must have, but It was
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rice@ttd.teradyne.com | MY opinion only, no one else's...Especially
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(708)-940-9000 - (work) | Not my Employer's....
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(708)-438-7011 - (home)
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