United States Attorney Mary Beth Buchanan announced today, July 19, 2006, that Brian Michael McMullen, a resident of East Pittsburgh, Pennsylvania, entered pleas of guilty in two cases in federal court.
McMullen, age 22, pled guilty before Chief United States District Judge Donetta W. Ambrose to one count of possession of 15 or more unauthorized access devices from a previous indictment and waived indictment and pled guilty to one count of an information charging him with violating the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM).
In connection with the guilty plea, Assistant United States Attorneys Brendan T. Conway and Paul E. Hull advised the court that McMullen possessed the credit card numbers and associated identification information of approximately eighty individuals. McMullen also gained unauthorized access to another's computer and initiated the transmission of multiple "SPAM" e-mail messages from that computer.
Judge Ambrose scheduled sentencing for October 12, 2006 at 9:15 a.m. The law provides for a total sentence of 13 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
McMullen remains free on bond pending sentence.
The Financial Crimes Task Force of Southwestern Pennsylvania conducted the investigation that led to the prosecution of McMullen on the access device indictment. The Financial Crimes Task Force of Southwestern Pennsylvania is comprised of United States Postal Inspectors, Special Agents of the United States Secret Service and the Federal Bureau of Investigation, Investigators from the Allegheny County District Attorney's Office, and Detectives from Allegheny County and the City of Pittsburgh.
The Federal Trade Commission and the High Technology Crimes Task Force of Pittsburgh, which comprises agents and investigators from the United States Postal Inspection Service, the Federal Bureau of Investigation, the Internal Revenue Service - Criminal Investigation, the Allegheny County District Attorney's Office, and detectives from the Allegheny County and the City of Pittsburgh, and troopers from the Pennsylvania State Police, conducted the investigation that led to the prosecution of McMullen for the CAN-SPAM violation.
