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LK Unregistered guest | Milli, dssftp, Magician/Magiccard Indicted Magician has been indicted, soon to be milli, dssftp? Quote: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION Echostar Communication Corp., DBA Dish Network Case No. 7-01-CV-1692-041-CA Plaintiff, COMPLAINT FOR INJUNCTIVE RELIEF v. DONALD O'NEIL, aka MagicianDBA EMC Sat Team, dssftp.com, bellexpressvu.com, dssmili.com,magiccard2.tv;John Doe #1, aka mili; DWD, Inc.John Doe #2, aka Chief; PayZip.net Defendants. ________________________________ Plaintiff Echostar Communication Corp., through its attorneys, alleges the following. INTRODUCTION 1 Plaintiff Echostar, located in Englewood, Colorado, is the nation's second largest distributor of Direct Broadcast Satellite ("DBS"), with almost 8 million customers spanning all 50 states. Dish Network television programming currently includes special events, studio movies, major cable networks, along with sports and other special interest programming. 2 Dish Network encrypts and electronically scrambles its satellite transmissions to provide security for and prevent unauthorized viewing of its satellite television programming. Dish Network offers its programming to residential and business customers on a subscription and/or pay-per-view basis only. Each customer is required to obtain an access card and/or receiver, small satellite dish and create an account with Dish Network. Upon successful activation of the access card and/or receiver, the customer can then view the channels which the customer subscribed in a decrypted format. 3 DWD, Inc. is a resident of this district. DWD, Inc. is a mail forwarding service used by defendants' to receive payments and return of merchandise. Since DWD, Inc. is the only known address for defendants and operates as a third party agent on the defendant's behalf, it gives this court proper venue to hear this pleading. 4 Defendants' actions violate the Federal Communication Act of 1934, as amended, 47 U.S.C 605; the Electronic Communications Privacy Act ("Federal Wiretap Laws"), 18 U.S.C. 2510-2521; 812.15, Fla. Stat (1997); and Florida Common Law. Dish Network brings this action to restrain these illegal activities against it. JURISDICTION AND VENUE 5. This action arises under the Federal Communication Act of 1934, as amended, 47 U.S.C 605; the Electronic Communications Privacy Act ("Federal Wiretap Laws"), 18 U.S.C. 2510-2521; 812.15, Fla. Stat (1997); and Florida Common Law. // Page 1 6. This Court has jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a), 47 U.S.C 605(e)(3)(A) and 18 U.S.C. 2520(a), and has supplemental jurisdiction pursuant to 28 U.S.C. 1367(a) over the state law claims asserted herein. VENUE 1 EchoStar Communication Corp., is a corporation duly incorporated under the laws of the State of Colorado. EchoStar Communication Corp. has significant interest in maintaining and securing the integrity of its ("DBS") television programming and prohibiting the unauthorized use of the same. 2 Defendant Donald O'Neil, aka Magician, upon information and belief, started manufacturing an access card that emulates the legitimate access card of Dish Network, on or about February, 2004. This illegal access card, hereinafter referred to as "Magic Card", can be used in all Dish Network receivers that currently accept access cards to validate programming. Donald O'Neil has boasted over 60,000 sales of this card, which has resulted in $120,000,000.00 damage to the Plaintiff. 3 John Doe #1, aka mili, is a partner with Donald O'Neil and actively collects payments for his software that is programmed on the Magic Card. John Doe #1 also actively sells the Magic Card to customers on his websites, dssmili.com, dssftp.com and bellexpressvu.com. Payments are sent via money order through DWD, Inc. and via the internet through his online payment processor, PayZip.net. 4 John Doe #2, upon information and belief, is an employee of Donald O'Neil and John Doe #1. 5 DWD, Inc., NAS 107, 4440 NW 73 Ave., Miami, FL 33166, is a third party mail forwarding agent acting in behalf of Donald O'Neil and John Doe #1. 6 PayZip.net, Suite 19, Level 37, Singapore Land Tower, 50 Raffles Place, Singapore, 048623 is the payment processor for Donald O'Neil and John Doe #1. PayZip accepts the United States based Visa and Mastercard. Prayer For Relief WHEREFORE, Plaintiff EchoStar Communication Corp request that this Court grant the following relief: 1 Order DWD, Inc. to hold all mail being forwarded to Defendants' address and report the address of Defendants to this Court. 2 Order MasterCard to obtain all transactions from PayZip concerning John Doe #1's client payments. Additionally, furnish all banking information of John Doe #1 to this Court. Order MasterCard to freeze PayZip's account pending further investigation. 3 Order Visa to obtain all transactions from PayZip concerning John Doe #1's client payments. Additionally, furnish all banking information of John Doe #1 to this Court. Order Visa to freeze PayZip's account pending further investigation. 4 For such additional relief as this Court deems equitable. Dated: February 25th, 2005 COUNSEL _________________________ James A. Beatman, Jr. Esquire FL Bar No. 0130184 STUMP, STOREY & CALLAHAN Post Office Box 3388 Orlando, FL 32802 (407) 425-2571 FAX (407) 425-0827 SUPPORT: MasterCard Merchant Handbook (9.2, 9.2.1, 9.2.2) Visa Handbook (Merchant Responsibility) All Visa accepting merchants have a responsibility to adhere to all federal and state laws. As it relates to accepting Visa products, merchants must accept Visa products for legal transactions only. |
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petra Unregistered guest | LK I have an old bev card (replaced 6 months ago) and a detonator 2 programer from the old dave days. can i do anything with that card and programer or are they both junk. |
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What a crock of.......... Unregistered guest | Confirmed to be bull$hit. CAse # is not valid, also Echostar owns bellexpressvu.com, Mili owns bellexpress.vu. Rumor started by the old dried up stinky dicklicker known as BigDaddy over at WWW.magiccardsupport.com Just a scare tactic to get people not to buy from Mili. |
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LK Unregistered guest | I am now hearing the same...that this was BOGUS info initiated by BigDaddy...my apologies...was just trying to warn others,if this were truth,didn't want people here getting "charlie" letters for any future "buys"..U know how Dave and Charlie will bust,then own and still operate a site..again my apologies,if what I'm hearing now that this was BOGUS info is the real story,which I believe it to be...too many sites have reported my original info as bogus,including my source.. what a crock...thanks for correcting my info.. |
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adfasdfasfd Unregistered guest | No problem man, didn't mean to come off as a prikk or anything. Big D is an a*hole and likes to see people sweat. Big D, claims up and down that they are true but yet offers no source as to where he obtained the info. I checked on my PACER acct. and found nothing with that court case#, also a phone call to the attorney listed on the form. The secretary there records no such case #. Falsifying court docs is a fed offense, Big D really needs a new hobby. |
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Anonymous | No problem man, didn't mean to come off as a prikk or anything. Big D is an a*hole and likes to see people sweat. Big D, claims up and down that they are true but yet offers no source as to where he obtained the info. I checked on my PACER acct. and found nothing with that court case#, also a phone call to the attorney listed on the form. The secretary there records no such case #. Falsifying court docs is a fed offense, Big D really needs a new hobby. |
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LK Unregistered guest | I didn't see anything at www.wumarkus.com either. |