Brooklyn Man Pleads Guilty to Spamming AOL Users

NEW YORK — A Brooklyn resident has pleaded guilty to charges of violating the CAN-SPAM Act, the U.S. Attorney’s Office for the Southern District of New York announced Monday.

Adam Vitale, 26, faces a maximum of 11 years in prison and a fine of $250,000 for sending a “massive” number of spam emails to approximately 1.2 million America Online subscribers, according to the U.S. Attorney’s office.

According to prosecutors, between April 2005 and August 2006, Vitale and another defendant, Todd Moeller, corresponded via instant messaging with a confidential informant of the Secret Service, and detailed their spamming operation to him.

During their chat sessions with the informant, Vitale and Moeller “boasted of their ability to send large numbers of spam emails in a manner that would make it nearly impossible for the recipients to trace the spam emails to Vitale and Moeller,” according to the U.S. Attorney’s office. Vitale and Moeller further claimed that they had the ability to get around spam filters and blocking technology employed by AOL.

The informant then offered to pay Vitale and Moeller to deliver spam on his behalf to advertise a product that the informant purportedly wanted to sell. The two men agreed to send the spam in return for half the profits, and between Aug. 17 and Aug. 23, 2005, delivered the unsolicited messages to approximately 1.2 million AOL subscribers.

Investigators determined that Vitale and Moeller used two commonly employed techniques to conceal their identity as the senders of the email. First, they initiated the spam from remote computers, or “zombies,” to make it look like those computers were the source of the messages. Second, they modified the header information to make it appear that other individuals sent the messages.

In entering his guilty plea, Vitale confessed that he had endeavored to send as many spam messages as possible and used “whatever means necessary” to conceal the origin of the spam, according to the U.S. Attorney’s office.

While Vitale and Moeller reportedly advertised a wide variety of product types in their spam campaigns, including penis enlargement pills, Moeller allegedly told the informant in the case that the most profitable type was spam promoting stocks, from which Moeller claimed to have earned $40,000 a month.

Vitale is scheduled to appear before Judge Denny Chin on Sept. 13 for sentencing. Moeller, a resident of New Jersey, faces the same charges, but has not yet been tried.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

11:11 Creations Launches Affiliate Program

11:11 Creations principal Alicia Silver has launched 11:11 Cash for creators and affiliates.

Pineapple Support, Pornhub to Host 'Self Love' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers to develop self-love.

Show More