A Weblog About Topics and Issues Discussed in the Book Spam Kings by Brian McWilliams

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July 7, 2005

Rizler facing six months for contempt

Sherburne County JailA U.S. District Court judge ordered today that Christopher Smith (aka Rizler) faces a maximum sanction of six months in prison if found guilty of violating a May court order that shut down Smith's Internet drugstore operation.

In a brief filed Tuesday, U.S. prosecutors recommended that Smith's "willful and deliberate violations of the Court’s Orders warrant a six month incarceration for Smith."

The government's request for a six-month sanction is apparently driven in part by prosecutors' desire to avoid the need for a jury trial. (According to the brief, the constitutional right to a jury trial is triggered in any criminal contempt matter involving imprisonment of more than six months.)

Judge Michael J. Davis ordered that Smith's criminal contempt case will be tried by the court without a jury.

Many people have wondered why Rizler decided to return to the USA on June 30 -- a move that got him arrested by the FBI upon his arrival at Minneapolis-St. Paul International Airport and taken to the Sherburne County jail in Elk River, MN.

According to the feds' 7/5/05 brief, Smith apparently learned of the arrest warrant "possibly through Internet postings," and was returning to Minnesota to appear at the contempt hearing.

But Smith had no intention of surrendering to the authorities. In fact, the government claims that Smith took steps to avoid being arrested. E.g., he bought a ticket from the Dominican Republic that terminated in Miami, and then purchased a last-minute ticket from Miami to Minneapolis.

When Smith stepped off the plane in Minnesota, "his reaction to the presence of federal agents was one of surprise," according to the government brief.

Interesting homeland security note: The FBI originally stated that Smith used a fake passport to get out of the country. The government now acknowledges that "Smith did not need a passport to travel to the Dominican Republic, and was traveling under name of Chris Smith."

Posted by brian at July 7, 2005 12:06 AM

Comments

Wives, girlfriends, FedEx and lots of cash... it just gets more and more interesting.

Reporter Warren Wolfe has a new story on Rizler in today's (7/8/05) StarTribune (startribune.com, free subscription required).

I wonder how his wife and girlfriend get along?

-jotter507

Posted by: jotter507 at July 8, 2005 10:38 AM

For the past year, I have received calls on a weekly to bi-weekly basis in which the caller asks for "Tim". Every time, they ask for Tim. WHen I explain that I believe they have the wrong number, typically my number is read to me and I am told that they have the right number, but the wrong name. Up until two months ago, the caller would identify themselves with Express Pharmacy or some such derivative, e.g., Express RX, America RX, etc. and ask if I had any prescriptions that needed refilled. After a few months of this, I requested to speak to a manager to have my number removed from the list. Each week or so, I would get yet another call for TIM...Finally, a few weeks ago, I had had enough and was tired of my cell phone minutes being used by telemarketing scams. I decided to look up the company online. To no avail. However, when I did a Google search on one of the phone numbers that had called me I found a linkage to the case involving Mr. Harry and Mr. Smith. I could not however find anything that mentioned their involvement with telemarketing fraud. Today, I was called again and I decided to play along when asked if I currently had any prescriptions. I was asked what prescriptions I had and I asked to speak to the manager. I was told that the manager was away. So, I asked for an address for the company and I was told they could not give it to me until I placed my order. I used to want to get off of their call list, now I think I just like testing them. However, if you do know to what government organization I should go with this information, I'd be grateful

Posted by: cranky caller at July 21, 2005 1:02 AM

TRY THE FTC

Posted by: at July 21, 2005 10:15 PM

BASICALLY HARRY OWNS THE CENTER IN DR AND SMITH OPERATES THE PHARMACY. NOW THAT SMITH IS NOT OPERATING HARRY FOUND ANOTHER COMPANY LIKE SMITHS TO MAKE THESE CALLS FOR I WOULD TELL THEM YOU PREFER TO ORDER ONLINE AND GET THE WWW. GO TO WHOIS AND CONTACT THE FBI, FTC, STATE, WHO EVER WILL LISTEN.

Posted by: at July 21, 2005 10:18 PM

So this is kid's stuff--I want to meet Rizler. He's been making money and no one can stand it--yeah--he broke some laws--maybe they should have been nicer to him in school

Posted by: at August 3, 2005 4:45 PM

Very intelligent young man with no direction. Sad because he could make a fortune selling legal products or services.

Posted by: Roger at August 30, 2005 8:47 AM

 

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