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Alan Ralsky

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Country: United States
State: Michigan
Convicted fraudster, spams using hijacked proxies & virus infected PCs and in the past by hijacking mail servers and mail accounts. One of the first people to host spam-websites in China to evade US law. Served years in prison due to stock-fraud spamming, but soon after being released, seemed to get right back into spamming.


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LEGAL: Trial conference dates and notes


Status Conference
dft: Alan M Ralsky 06/17/2008 10/21/2008
at 02:00 PM

Pretrial Conference
dft: Alan M Ralsky 07/10/2008 10/21/2008
at 02:00 PM




UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff, CRIM. NO. 2:07-CR-20627
HON. MARIANNE O. BATTANI
v.
ALAN M. RALSKY, et al.,
Defendants.
__________________________________/

STIPULATED MOTION AND ORDER
EXCLUDING TIME FROM THE SPEEDY TRIAL ACT

IT IS HEREBY STIPULATED AND AGREED among the parties, by and through
their respective counsel, to exclude the period of delay resulting from
the absence of defendants Tribble and Bragg from the time computation
under Speedy Trial Act on the following premises:

1. A 41-count Indictment was returned on December 13, 2007 and unsealed
on January 3, 2008 charging the defendants with a complex conspiracy
including violations of fraud in connection with electronic mail, wire
fraud, mail fraud, and money laundering.

2. Of the 11 defendants, nine have been arraigned on the Indictment,
including Alan M. Ralsky, Scott K. Bradley, Judy M. Devenow, John S.
Bown, William C. Neil, Anki K. Neil, James A. Fite, How Wai John Hui,
and James Bragg. Two remaining defendants have not yet been arraigned.
Peter Severa is believed to be a citizen of Russia and has not been
arrested. Defendant Francis A. Tribble is incarcerated in the Los
Angeles County Jail, and is currently scheduled to be transported to
this Court under a writ, but his arrival date is not yet known.
Defendant James E. Bragg was arraigned on the indictment on June 9, 2008.

Case 2:07-cr-20627-MOB-RSW Document 71 Filed 07/10/2008 Page 1 of 5

3. Because not all of the defendants have been arraigned in this
matter, the 70-day time period under 18 U.S.C. § 3161(c)(1) has not yet
commenced.

4. At the joint request of the parties, the Court held a Pretrial and
Status Conference on March 17, 2008 at 2 p.m., and at this conference,
the Court inquired of the parties as to the status of discovery and the
issue of when and whether the remaining defendants would be arraigned.
The Court set another status conference for June 17, 2008, to permit the
parties to obtain and review the extensive electronic discovery in the case.

5. On June 17, 2008, the parties appeared for the Pretrial and Status
Conference. The parties reported to the Court regarding the progress of
discovery, and indicated that an additional 120 days would be needed to
allow for the extraction and examination of the computer
evidence by the defendants. The parties present, which included counsel
for all of the defendants except for Francis A. Tribble and Peter
Severa, indicated that they requested the additional time and desired to
waive their rights under the Speedy Trial Act to an earlier trial date.
The Court scheduled a second Pretrial and Status Conference for October
21, 2008.

6. The parties do therefore agree and stipulate that the period of time
from June 17, 2008 through October 28, 2008, shall be excluded from the
time computation of the 70-day Speedy Trial period, due to the absence
of defendant Tribble, and also due to the need for the parties to
effectively manage the extensive electronic discovery presented in this
unusual and complex case, because the ends of justice served in taking
such action outweighs the best interest of the public and the defendants
in a speedy trial, under 18 U.S.C. § 3161(h)(8)(B)(ii).

It is so stipulated and agreed by the undersigned parties:

Case 2:07-cr-20627-MOB-RSW Document 71 Filed 07/10/2008 Page 2 of 5

FOR THE DEFENDANTS:
ALAN M. RALSKY SCOTT K. BRADLEY
s/ Philip Kushner (w/ permission) s/ Neil Fink (w/ permission)
PHILIP KUSHNER, Attorney NEIL FINK, Attorney
Kushner & Hamed Co., L.P.A. Neil H. Fink Esq PC
200 Public Square, Suite 3740 185 Oakland Ave. Ste., 250
Cleveland, Ohio 44114 Birmingham, MI 48009
dadcoach23{at}aol.com
Date: July 7, 2008 Date: July 7, 2008

JUDY M. DEVENOW JOHN S. BOWN
s/ Richard Zuckerman (w/ permission) s/ Mark Kriger (w/ permission)
RICHARD ZUCKERMAN, Attorney MARK KRIGER, Attorney
Honigman Miller Schwartz & Cohn LLP LaRene & Kriger PLC
660 Woodward Ave. Ste. 2290 645 Griswold St. Ste., 1717
Detroit, MI 48226 Detroit, MI 48226
rez{at}honigman.com mkriger{at}sbcglobal.net
Date: July 7, 2008 Date: July 7, 2008

WILLIAM C. NEIL ANKI K. NEIL
s/ Michael Kemnitz (w/ permission) s/ John McManus (w/ permission)
MICHAEL KEMNITZ, Attorney JOHN McMANUS, Attorney
645 Griswold #1717 999 Haynes Street, Ste. 205
Detroit, MI 48226 Birmingham, MI 48009
Date: July 7, 2008 Date: July 7, 2008

JAMES E. FITE PETER SEVERA
s/Andrew Wise (w/ permission) ______________________________
Andrew Wise, Attorney [Not arraigned, no counsel]
Federal Defender Office Date:
613 Abbott
Detroit, MI 48226-4216
andrew_wise{at}fd.org
Date: July 7, 2008

HOW WAI JOHN HUI JAMES E. BRAGG
s/ Avery Mehlman (w/ permission) s/ Robert M. Morgan (w/ permission)

Case 2:07-cr-20627-MOB-RSW Document 71 Filed 07/10/2008 Page 3 of 5

AVERY MEHLMAN, Attorney ROBERT M. MORGAN, Attorney
Herrick, Feinstein LLP 615 Griswold Street, Ste 1125
2 Park Avenue Detroit, Michigan 48226
New York, NY 10016 morgancrdefense{at}ameritech.net
amehlman{at}herrick.com Date: July 7, 2008
Date: July 7, 2008

FRANCIS A. (Frankie) TRIBBLE
s/ Marcia Morrisey (w/ permission)
MARCIA MORRISEY, Attorney
2115 Main St.
Santa Monica, CA 90405
morrisseyMA{at}aol.com
Date: July 7, 2008

FOR THE UNITED STATES:

STEPHEN J. MURPHY
UNITED STATES ATTORNEY

s/ Terrence Berg s/Thomas Dukes w/ permission
TERRENCE BERG (40295) THOMAS DUKES
Assistant United States Attorney Trial Attorney
211 W. Fort Street Computer Crime and Intellectual
Suite 2001 Property Section
Detroit, MI 48221 Department of Justice
(313) 226-9160 1301 New York Avenue
terrence.berg{at}usdoj.gov Washington, D.C. 20005
Date: July 7, 2008 (202) 514-1026
thomas.dukes{at}usdoj.gov
Date: July 7, 2008

s/ Mona Sedky Spivack w/ permission
MONA SEDKY SPIVACK
Trial Attorney
Computer Crime and Intellectual
Property Section
Department of Justice
1301 New York Avenue
Washington, D.C. 20005
(202) 514-1026
mona.spivack{at}usdoj.gov
Date: July 7, 2008

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN

Case 2:07-cr-20627-MOB-RSW Document 71 Filed 07/10/2008 Page 4 of 5

SOUTHERN DIVISION

UNITED STATES OF AMERICA,
CRIM. NO. 2:07-CR-20627
Plaintiff,
HON. MARIANNE O. BATTANI
v.
ALAN M. RALSKY, et al.,
Defendants.
__________________________________/

ORDER
EXCLUDING TIME FROM THE SPEEDY TRIAL ACT
AND SETTING DATE FOR STATUS AND PRETRIAL CONFERENCE

Upon this Court's consideration of the parties' stipulated motion and
order excluding time from the Speedy Trial Act,

IT IS HEREBY ORDERED that the period of time from June 17, 2008 through
October 21, 2008, shall be excluded from the time computation of the
70-day Speedy Trial period, due to the absence of defendant Tribble, and
also due to the need for the parties to effectively manage the extensive
electronic discovery presented in this unusual and complex case, because
the ends of justice served in taking such action outweighs the best
interest of the public and the defendants in a speedy trial, under 18
U.S.C. § 3161(h)(8)(B)(ii).

IT IS FURTHER ORDERED that a Status and Pretrial Conference shall be
set for October 21, 2008 at 2 p.m.

SO ORDERED.
s/Marianne O. Battani
Honorable Marianne O. Battani
United States District Judge
Entered: July 10, 2008



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