The District Court of Osnabrueck
today the main proceedings against six defendants from Dusseldorf, Munich, Frankfurt, Neu-Isenburg and Ulrich Stein opened. They are accused of gang-style commercial and extortion and fraud, and aid them.
According to the 211-page indictment two of the six defendants started in spring 2004 to carry out regular warnings, in order then to provoke penalties. In some of these cases to a specially established company have filed suit against several companies, because they had supposedly sent them unsolicited e-mail promotions, newsletters and greeting cards with customized content. The two defendants in the e-mails, however – partly by using a third defendant – even sent.
The warnings were using a Munich law firm has been created. The warning letter had been set a deadline to make a declaration of competition law and to commit themselves to pay for every case of recurrence € 5000 penalty. Later believed to have been provoked by other penalties on the defendants certain payments.
The prosecution alleges the defendants also have agreed with the lawyer and his co-defendant, also accused Secretary between 2004 and late April to late August, to share the profits from their joint business. The lawyer had to operators of online platforms for sending greeting cards to one of the defendants for allegedly sent unsolicited advertising and greeting cards warned fees charged, which have been incurred but not at all. Should also have been provoked in the course of this scam in some cases penalties.
One of the accused have had, according to prosecutors in 71 cases also send electronic greeting cards with content largely derogatory to his e-mail address or even sent. As a recipient of the apparently obtained without consent greeting cards he had warned the operator of the platform for each of these greeting cards greeting cards. In the letter, the platform operator as unsolicited Mitstörer obtained for “advertising” blamed. In addition, a penalty of 5100 for each offense and threatened to demand the transfer of legal fees. Again, the Munich lawyer and his Seketärin have helped. The revenue would have also divided the defendants.
Another point of the indictment refers to a set up by the accused, Online store for computers and accessories. This was primarily used as justification for sending warning letters. In 18 cases, competitors would have received because of incorrect terms and conditions of warnings. Also, the revenue from it has could have divided the defendants. At the first hearing date, only the identity of the accused were discussed and read out the indictment. Until 8 April are already scheduled the procedure for six more days of hearings.
CAREERS We hire: media consultant / ad sales
Germany is represented in Munich CBS Interactive ZDNet.de with the brands, and silicon.de CNET.de. To strengthen our team we are looking for a media consultant / advertising sales. Further information can be found here. »Read more …
