UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No. 16-CR-334(2) (JNE/KMM)

Similar documents
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No (1) (JNE/KMM)

CASE 0:16-cr JNE-KMM Document 46 Filed 03/21/17 Page 1 of 32 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: 1:16-cr Document #: 47 Filed: 03/13/18 Page 1 of 6 PageID #:284

Case 8:09-cr CJC Document 54 Filed 05/18/12 Page 1 of 17 Page ID #:143

Case 3:15-cv WHA Document 150 Filed 02/15/17 Page 1 of 7

JURISDICTION AND VENUE

Case 4:15-cv CCC Document 95 Filed 03/03/17 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

2:13-cv VAR-RSW Doc # 32 Filed 11/20/14 Pg 1 of 8 Pg ID 586 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

Case 2:17-cr JAK Document 25 Filed 05/15/18 Page 1 of 19 Page ID #:80

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

People v. Evanson. 08PDJ082. August 4, Attorney Regulation. Following a default sanctions hearing pursuant to C.R.C.P (b), the Presiding

Case 2:08-cr wks Document 106 Filed 08/25/2009 U.S. Page DISTRICT 1 of 7 coun: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION. No. CR

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States Court of Appeals

UNITED STATES DISTRICT COURT

Case 2:15-cr FMO Document 52 Filed 04/25/16 Page 1 of 17 Page ID #:295

Case 3:16-cv WHA Document 29-1 Filed 08/25/16 Page 1 of 5

? Crimes Related to Private

CASE 0:12-cv JNE-FLN Document 9 Filed 08/03/12 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

The United Nations study on fraud and the criminal misuse and falsification of identity

Follow this and additional works at:

Case 1:09-cr RJL Document 4 Filed 07/23/2009 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 98-BG-689. On Report and Recommendation of the Board on Professional Responsibility

Case 6:15-cr WSS Document 4 (Court only) Filed 01/08/15 Page 1 of 6

Case 1:13-cv WYD-MEH Document 29 Filed 02/26/14 USDC Colorado Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 1:12-cv HB Document 7 Filed 06/12/12 Page 1 of 6

UNITED STATES COURT OF APPEALS TENTH CIRCUIT. Plaintiff-Appellee, v. No RUSSELL EUGENE BLESSMAN, ORDER AND JUDGMENT *

Case 8:12-cr JLS Document 87 Filed 09/14/17 Page 1 of 9 Page ID #:288

3. Sentencing and Punishment O978

Case 1:11-cv JDB-JMF Document 8 Filed 01/23/12 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

2:13-cv PDB-MKM Doc # 33 Filed 10/06/14 Pg 1 of 9 Pg ID 305 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

Case: 1:12-cr Document #: 133 Filed: 09/11/14 Page 1 of 10 PageID #:733

case 3:04-cr AS document 162 filed 09/01/2005 page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA DULUTH DIVISION

Case 3:17-cv MO Document 1 Filed 09/27/17 Page 1 of 10

UNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER AND JUDGMENT * After examining the briefs and appellate record, this panel has determined

Case 1:12-cr ALC Document 57 Filed 06/30/14 Page 1 of v. - : 12 Cr. 876 (ALC)

Crimes Amendment (Child Pornography) Act 2004 No 95

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

Case 1:18-cr WHP Document 15 Filed 12/07/18 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. No. 18 Cr.

Case 3:13-cv DRH-SCW Document 24 Filed 05/10/13 Page 1 of 11 Page ID #916

Chapter 6. Disparagement of Property 8/3/2017. Business Torts and Online Crimes and Torts. Slander of Title Slander of Quality (Trade Libel) Defenses

Ms. Felice Congalton Associate Director WSBA Office of Disciplinary Counsel 1325 Fourth Ave #600 Seattle, WA April 9, Dear Ms Congalton:

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D.C. Docket No. 1:09-cr JAL-1. Plaintiff - Appellee,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff, ORDER DENYING MOTION FOR v.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. Plaintiff, ARRAIGNMENT AND PLEA HEARING Monday, January 26, 2009

Background. The Defendant. 1. From in or around 2007 through in or around January 2017,

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 0:09-cr WPD-1.

Case 2:13-mc SRB Document 16 Filed 05/15/13 Page 1 of 6

Case 3:10-cv N Document 10 Filed 02/11/11 Page 1 of 13 PageID 217

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a motion for final discipline

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. Case No. 14-cv Hon. George Caram Steeh

SENTENCING AND PROPORTIONALITY. LTC Harms Japan 2017

Case ID: Control No.:

Case3:12-cv EMC Document116 Filed09/16/13 Page1 of 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION

assigned case number The bankruptcy succeeded in stopping the sheriffs'

The United States of America, by and through JULIE BURNHAM. PORTER, Attorney for the United States, Acting Under Authority Conferred

DISCIPLINE COMMITTEE OF THE COLLEGE OF REGISTERED PSYCHOTHERAPISTS AND REGISTERED MENTAL HEALTH THERAPISTS OF ONTARIO

False Claims Act. Definitions:

STEVE HENLEY, RICKY BELL, Warden, PETITION FOR WRIT OF CERTIORARI

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

RECOVERING THE PROCEEDS OF FRAUD

The Spoofing Statute Is Here To Stay

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. v. : CRIMINAL NO

Case 2:14-cv JLL-JAD Document 16 Filed 05/11/15 Page 1 of 7 PageID: 151

5 CRWIINAL NO. H

TONY DEROSA-GRUND, SILVERBIRD MEDIA GROUP, LLC, EVERGREEN MEDIA GROUP, LLC, EVERGREEN MEDIA HOLDINGS, LLC,

Legal Alert? December 2013? Cyber Security, Risks and Crimes In this Issue:- 1. Legal Alert? December 2013? Cyber Security, Risks and Crimes 2.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLEA AGREEMENT

Case 0:08-cr WJZ Document 77 Entered on FLSD Docket 08/18/2009 Page 1 of 13

Case 8:15-cr JLS Document 59 Filed 03/09/18 Page 1 of 6 Page ID #:300 United States District Court Central District of California

Case 5:14-cr M Document 27 Filed 05/04/15 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

IN SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA. Plaintiff, Defendant.

FILED: NEW YORK COUNTY CLERK 11/04/ :40 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/04/2016

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

Case 2:16-cv APG-GWF Document 3 Filed 04/24/16 Page 1 of 7

Case 1:12-cv JLT Document 29 Filed 09/13/13 Page 1 of 7

REGARDING: This letter concerns your dismissal of grievance # (Jeffrey Downer) and

Case 0:17-cv DPG Document 1 Entered on FLSD Docket 06/02/2017 Page 1 of 12

DEPARTMENTAL APPEALS BOARD

Papua New Guinea Consolidated Legislation. Arbitration Act 1951

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Follow this and additional works at:

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA EASTERN DIVISION

Case: 1:18-cv Document #: 18 Filed: 10/03/18 Page 1 of 5 PageID #:55

PlainSite. Legal Document. Washington Western District Court Case No. 3:14-cr BHS USA v. Wright et al. Document 173. View Document.

SECTION 2 BEFORE FILING SUIT

[Cite as Disciplinary Counsel v. Wexler, 139 Ohio St.3d 597, 2014-Ohio-2952.]

Case 1:10-cr RDB Document 54 Filed 02/25/11 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NORTHERN DIVISION

v No v No

Why has Sweden as a society taken this step?

F I L E D July 12, 2012

NO. 01-B-1642 IN RE: CHARLES R. ROWE ATTORNEY DISCIPLINARY PROCEEDINGS

Transcription:

CASE 0:16-cr-00334-JNE-KMM Document 122 Filed 02/28/19 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No. 16-CR-334(2) (JNE/KMM) UNITED STATES OF AMERICA, v. Plaintiff, GOVERNMENT S POSITION WITH RESPECT TO SENTENCING (2) JOHN L. STEELE, Defendant. The United States of America, by and through its attorneys Erica H. MacDonald, United States Attorney for the District of Minnesota, and Assistant United States Attorneys Benjamin F. Langner and David J. MacLaughlin, and Brian Levine, U.S. Department of Justice Senior Counsel, submits this memorandum setting forth its position with respect to sentencing factors in this matter as to defendant John L. Steele. I. The PSR The United States agrees with the factual statements set forth in the Presentence Investigation Report ( PSR ). In addition, the United States agrees with the sentencing guidelines calculations contained in the PSR. As reflected in the report, the appropriate guidelines range for John Steele is 97 to 121 months in prison. The government does not believe that there are any disputes regarding the application of the Guidelines, and does not believe that an evidentiary hearing is necessary for defendant Steele.

CASE 0:16-cr-00334-JNE-KMM Document 122 Filed 02/28/19 Page 2 of 5 II. Factual Background Between 2011 and 2014, John Steele and co-defendant Paul Hansmeier orchestrated an elaborate scheme to fraudulently obtain millions of dollars in copyright lawsuit settlements by deceiving state and federal courts throughout the country. Steele and Hansmeier were practicing attorneys who owned and controlled several law firms they used to sue (or threaten to sue) individuals accused of illegally downloading their supposed client s copyrighted pornography. Unbeknownst to the courts they appeared before, the defendants set up sham entities that they used as their clients. The sham entities housed the copyrights to pornographic movies they obtained, some of which they filmed themselves. The defendants then uploaded those movies to file-sharing websites in order to lure people to download the movies. To learn the identities of the people caught in the trap they constructed, Steele and Hansmeier filed specious copyright infringement lawsuits and fraudulently procured permission from courts to send subpoenas to internet service providers for subscriber information associated with the IP addresses used to download their pornographic movies. After receiving this information, the defendants through extortionate letters and phone calls threatened the subscribers with enormous financial penalties and public embarrassment unless the subscribers agreed to pay a settlement, all the while concealing from courts and their victims the defendants collusion in the alleged copyright infringement. When courts later restricted their ability to sue multiple individuals in the same lawsuit, the defendants shifted tactics. They filed lawsuits falsely alleging that computer 2

CASE 0:16-cr-00334-JNE-KMM Document 122 Filed 02/28/19 Page 3 of 5 systems purportedly belonging to their sham clients had been infiltrated by hackers, and then recruited ruse defendants against whom they brought fraudulent lawsuits falsely accusing the defendants of hacking the computer systems belonging to the defendants clients. Finally, when courts became suspicious of the defendants tactics and motives, the defendants began a long process of lies and deceit designed to conceal the truth and deflect responsibility from themselves. In total, the defendants obtained approximately $3,000,000 from the fraudulent copyright lawsuits they peddled to courts throughout the country. III. The Appropriate Sentence in Light of 18 U.S.C. 3553(a) John Steele presents an interesting case for this Court. On the one hand, Steele along with co-defendant Paul Hansmeier orchestrated one of the largest, and certainly one of the most brazen, fraudulent schemes centered on deceiving courts through false and deceptive lawsuits. While purporting to act as an officer of the court, Steele repeatedly lied to and misled courts throughout the country, going so far as to perjure himself and cause others to commit perjury in order to carry out and cover up the scheme. Steele committed this crime for no reason other than to line his pockets and feed his ego. The magnitude and depravity of the crime particularly when carried out by two attorneys calls for a significant punishment. On the other hand, since he was charged in this case, Steele has not shied away from the ugly truth of his crimes and the significant consequences that he faces. Unlike codefendant Hansmeier and many other similarly situated defendants, Steele has not tried to evade or minimize the extent and impact of his crimes. Shortly after being charged, Steele 3

CASE 0:16-cr-00334-JNE-KMM Document 122 Filed 02/28/19 Page 4 of 5 met with the government, provided a truthful and complete rendition of his misconduct, and since that time has stood ready to testify against Hansmeier if called upon to do so. Given the plethora of self-serving invective and false bravado that Steele spewed to courts, defense counsel, and the public between 2010 and 2013, the government expected Steele to have significant difficulty coming to terms with what he had done. To its surprise, however, Steele provided an accurate, detailed, and unvarnished account of the massive scheme he perpetrated with Hansmeier. Steele seemed relieved to finally be free of his ego. The Court, and the public, would be right to be wary of convenient remorse expressed by a practiced deceiver, but from the government s interactions with Steele, his remorse and shame seem real. To his credit, Steele also refrained from attacking the legality of his prosecution and conviction, acknowledging that his conduct while cloaked with legitimacy was really nothing more than lies and deception. Steele has also refrained from making frivolous arguments about the facts of the case and applicability of the sentencing guidelines enhancements. There is a stark difference between how Steele and his co-defendant have responded to the charges against them. Steele committed a serious crime, one that victimized not just the people who paid money to avoid being named in fraudulent lawsuits but also the court system. For his crimes, Steele should be sentenced to a significant term of imprisonment, but that term should be mitigated by his cooperation with the government and genuine remorse. The government intends to file a letter with the Court closer in time to sentencing setting forth in detail the cooperation provided by Steele, and making a specific sentencing 4

CASE 0:16-cr-00334-JNE-KMM Document 122 Filed 02/28/19 Page 5 of 5 recommendation. Dated: February 28, 2019 Respectfully submitted, ERICA H. MACDONALD United States Attorney s/ Benjamin F. Langner BY: BENJAMIN F. LANGNER DAVID J. MACLAUGHLIN Assistant U.S. Attorneys BRIAN L. LEVINE Senior Counsel United States Department of Justice 5