Man Indicted for Sending Spam that Promoted Counterfeit Drugs and Unapproved Supplements

December 22, 2010 2:21 pm

Oleg Nikolaenko of Moscow, Russia, has been indicted for allegedly sending thousands of spam e-mails, including messages promoting non-FDA-approved herbal remedies, and counterfeit prescription medications, as reported in a US Attorney for the Eastern District of Wisconsin press release. As explained in the court press release, “the criminal complaint previously filed against Mr. Nikolaenko alleges that he sent billions of spam e-mails” that promoted products such as non-FDA-approved herbal remedies, counterfeit prescription medications, and counterfeit Rolexes. “Mr. Nikolaenko is alleged to have initiated the sending of these messages by use of his botnet,” a collection of compromised computers that can be controlled remotely by the originator for such purposes. The botnet created by Nikolaenko may have been “capable of sending 10 billion spam e-mail messages a day, all of which contained materially falsified header information,” according to the press release. Nikolaenko was arraigned on December 2, 2010, on a one-count indictment alleging a violation of the CAN-SPAM Act, Title 18, United States Code, Section 1037(a)(3). A scheduling conference has been set for December 21, 2010, before Magistrate Judge William E. Callahan. Additional information on the Federal Bureau of Investigation and Federal Trade Commission investigations that led to the charges is available in an Information Week article.