Blast from the past:
An arbitrator has ordered Media Breakaway and Chief Executive Scott Richter to pay the social-networking giant $4.8 million in damages and $1.2 million in legal fees, according to legal filings.
I won’t be digging into this like I would have in the Spamroll days, but I will admit I’m a bit dismayed if this was truly a case of Richter’s affiliates getting away from him. The reasoning: plenty of internet entrepreneurs push the envelope – it’s just that some glad hand while they are doing it, which results in tacit approval of actions, while others take the tack that it’s easier trying to ask for forgiveness later. Whether the latter was the case here I do not know – all I know for certain is that history has a way of following you around. On that note, there’s more on Richter’s past dealings here.
(h/t to Techdirt)
Spamroll hasn’t followed the trials and tribulations of the Scott Richter/OptInRealBig bankruptcy cases in a while, well because it all seemed like such old hat. Richter had been taken off of ROSKO, and I figured it was only a matter of time before he and his band of lawyers figured a way out of the mess.
It now seems they have.
According to Brian McWilliams, Spam King Scott Richter has been taken off ROKSO, otherwise known as the Registry of Known Spam Operations.
Now speculation is being made as to whether Richter has gone legit. I say it is simply too soon to tell.
The other day, Scott Richter (or someone claiming to be him – maybe one of his posse), sent me an email with with a court ordered creditor notice. Now Aunty Spam has posted a similar message.
I am so disappointed – I thought I was special.
I am not sure if it was really Mr. Richter that just sent the nice message over to me or not, but if it was…thanks! I have been a bit behind pulling court docs on the OptInRealBig.com Chapter 11 case, and am happy to receive this latest from Scott.
The following document is the notice fixing the deadline for those wanting to file a proof of claim against the bankruptcy estate. For those who think they may have a claim against OptInRealBig and still don’t know what to do, use this form letter to contact the US Trustee’s Office.
Now, on to Scott Richter’s message…
Ethan Preston has posted some additional analysis and opinion on the latest legal manuevers in the OptInRealBig and Scott Richter bankruptcy cases.
Ethan points out that Microsoft’s argument that the cases were specifically initiated to avoid the litigation in Washington State holds some water, while the question of whether to remove the confidentiality of the spammer affiliates remains unanswered.
You can pick up more on the case from Ethan at eplaw.us, or from Spamroll under these headings:
Scott Richter’s Personal Bankruptcy Petition;
Recent Court Order in Scott Richter Bankruptcy Case;
Anatomy of a Spammer – Part 1 – OptInRealBig;
Anatomy of a Spammer – Part 2 – Scott Richter;
More Opinion on the Richter/OptInRealBig Bankruptcies;
Spamroll visits Bankruptcy Court – Richter Files (cont’d); and
Dear Potential Creditor of OptInRealBig.
During my visit to bankruptcy court last week regarding the OptInRealBig and Scott Richter cases, I noted that there were quite a few large creditors present, but not a lot of little ones. I am not sure if people realize this, but if you were the recipient of spam from OptInRealBig.com or its affiliates, you too may have a claim against the company.
While you have to be certain in your facts, there is a way for you to obtain information on filing a claim or even joining the creditors’ committee (should one ever be formed – I do not think this has happened yet).
How pray tell? Just ask Spamroll..
I had the chance to stop by the US Bankruptcy Court yesterday, to observe the latest in the OptInRealBig and Scott Richter bankruptcy cases.
It was less than a packed courtroom, with roughly 15 people there including Judge Tallman and myself. Mr. Richter had no huge entourage – it was just he, two lawyers, his father, and one other. On the other side, we had an attorney representing the US, one for Microsoft, one for American Family Insurance, and one for Daniel Balsam (who flew in from California this morning). In addition, there were two other attorneys present as part of a potential creditors committee (not yet formed).
Ethan Preston has put together some additional in-depth analysis on the Scott Richter and OptInRealBig bankruptcies. Mr. Preston also points out some legal issues on the case, with emphasis on the asset protection issues that will present themselves (including potential preference payments), as well as the potential liability from the Microsoft case. For those less versed in bankruptcy law and restructuring procedures, it is an interesting read. Thanks Ethan.
Scott Richter and OptInRealBig.com have filed financial disclosures in accordance with their recent bankruptcies. Here are the salient points related to Scott’s financial situation…