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Ladybbird 17-03-12 19:40

VIDEO-NinjaVideo “Head of Security” Avoids Prison
 
http://torrentfreak.com/images/icesmall.jpg


NinjaVideo “Head of Security” Avoids Prison

* Ernesto
* March 16, 2012

The former head of security, at the now-defunct movie streaming site NinjaVideo, has been sentenced by a federal court in Virginia for conspiracy to commit copyright infringement. The Government demanded a prison term for 33-year-old Jeremy Andrew, but the court decided that three years probation is sufficient as he was not motivated by monetary rewards.

At the end of June 2010, nine sites connected to movie streaming, including NinjaVideo, were targeted by the U.S. Government.

It was the first round in the ongoing “Operation in Our Sites” through which more than 300 domain names have been seized to date.

After the site’s domain was seized, five people connected to the movie streaming site were arrested last year. With the sentencing of Jeremy Andrew, all have now been sentenced.

Andrew was accused of taking part in the NinjaVideo conspiracy and pleaded guilty to a copyright infringement charge last October. Andrew, known online as “Htrdfrk,” started out as a regular visitor to the site but was later recruited as staff member.

His tasks were to secure the servers and moderate the forums, which the prosecutor described as important roles.

“Like the other charged defendants, Andrew filled an important role in the NinjaVideo conspiracy; Andrew served as “Ninja Head of Security”, which involved setting up, managing, and securing servers used by the conspiracy to store infringing content.”

“Andrew also served as one of the moderators of the NinjaVideo forum board; in that role, he provided technical support to website visitors, which included assisting visitors with accessing infringing content.”

The prosecutor admitted that, compared to the other defendants, Andrew played the smallest part in the conspiracy. Nevertheless, he asked the court to sentence Andrew to several months in prison. The defense on the other hand argued that a short probation term would be more appropriate, as Andrew has no criminal past and was not motivated by monetary rewards.

The court sided with the arguments provided by the defense and sentenced Jeremy Andrew to three years probation and 150 hours of community service. In addition, he has to pay the MPAA $5,250 in damages.

“The defendant did not seek out to join the conspiracy and was not motivated by any monetary rewards,” was one of the reasons Judge Anthony John Trenga gave for the lower sentence. “The defendant has accepted responsibility for his actions and is remorseful, which the Court believes is sincere,” he added.

The Judge further noted that letters from Andrew’s friends and family that were submitted to the court aided in the lower sentence. While the ruling will probably be welcomed as relatively good news by Andrew, satisfaction at the Department of Justice will be dampened. Unlike in previous cases, the DoJ opted not to issue a press release.

Now that the last of the five arrested NinjaVideo admins has been sentenced, we can give a complete overview of this landmark case.

The harshest sentence was handed to NinjaVideo founder Hana Beshara, who will spend 22 months in prison followed by 2 years of probation and a payment of $210,000 in damages. Fellow admin Matthew Smith received 14 months in prison, two years supervised release, and was ordered to pay back just over $172,000.

Joshua Evans received 6 months in prison, two years probation, and was ordered to pay the MPAA $26,660 restitution. Justin Dedemko was not listed as part of the NinjaVideo conspiracy but will spend 3 months in prison followed by 2 years of probation, and has to repay the MPAA $58,004.

One indicted NinjaVideo admin, Zoi Mertzanis from Greece, is still at large.

The case against NinjaVideo is crucial for several other previously arrested streaming site admins including UK student Richard O’Dwyer who will soon be extradited to the US. Brian McCarthy, the owner of ChannelSurfing.net and Yonjo Quiroa, who operated 16 streaming sites, are both yet to be sentenced.

Note: the original verdict came in last month but has not been reported in the media.

continued.....

Ladybbird 17-03-12 20:00

Re: VIDEO-NinjaVideo “Head of Security” Avoids Prison
 
RELATED;

Phara, Queen of NinjaVideo, Pleads Guilty To Conspiracy and Copyright Infringement

* enigmax
* September 30, 2011

Hana Beshara, one of the founders of the popular NinjaVideo movie and TV show streaming site, has pleaded guilty to conspiracy and criminal copyright infringement. Better known online by her pseudonym Phara and by site members as their “Queen”, Beshara will be sentenced in January and faces a maximum penalty of five years in prison on each count.

Mid-2010, nine sites connected to movie streaming were targeted by the U.S. government. They included NinjaVideo.net, at the time one of the Internet’s most prominent video streaming sites.

This ‘first round’ in the ongoing “Operation in Our Sites” resulted in five people connected to NinjaVideo being indicted by a federal grand jury this month. One of those indicted was site co-founder Hana Beshara.

Yesterday, Beshara – who is better known online by her pseudonym Phara, and affectionately referred to by NinjaVideo members as their “Queen” – pleaded guilty to her role in the founding of NinjaVideo during 2008.

The guilty plea of the Las Vegas-residing 29-year-old was made before U.S. District Judge Anthony J. Trenga in the Eastern District of Virginia. For crimes of conspiracy and criminal copyright infringement, Beshara faces a maximum penalty of five years in prison on each count.

According to court documents, Beshara admitted negotiating agreements with online advertisers and together with the other defendants receiving revenue and donations totalling some $500,000. Of this amount, Beshara admitted personally receiving $200,000.
Phara

“As part of her plea agreement, Beshara agreed to forfeit assets seized by ICE’s Homeland Security Investigations (HSI) in June 2010, including cash, an investment brokerage account, two bank accounts, a Paypal account and one Internet advertising account,” reads a statement from the Department of Justice.

Online, Beshara was a larger-than-life character who attracted both praise and criticism for her colorful management style as the most public-facing administrator of NinjaVideo.

But with this profile came enemies and at least one site dedicated to revealing her real identity. When photographs and details of her personal life appeared on the Internet in 2009, it was a question of when, not if, the site would eventually be brought down.

Beshara’s guilty plea follows that of co-defendant 23-year-old Matthew Smith, who pleaded guilty to conspiracy and criminal copyright infringement last week.

Smith will be sentenced 16th December and the remaining three defendants will face a jury trial beginning 6th February 2012.

Beshara will be sentencd 6th January 2012, where she faces a maximum penalty of five years in prison on each count.
Hana Beshara (aka Phara) speaking earlier on her indictment


Ladybbird 17-03-12 20:14

Re: VIDEO-NinjaVideo “Head of Security” Avoids Prison
 
RELATED;

NinjaVideo Founder Talks About Guilty Plea

* Ernesto
* October 6, 2011


Hana Beshara, one of the founders of the popular NinjaVideo movie and TV show streaming site, pleaded guilty to conspiracy and criminal copyright infringement last week.

In the video below she talks about her plea and the future of the Ninja community, which she and the others intend to keep alive.

“This is serious, folks, I’m going to prison. I would never ask anyone to do the same, but I do ask to reach within yourselves and see what you can give back to Ninja.”

“I have about four months total until I’m locked up, and I don’t plan on sleeping much. We have a lot of work to do.”

Phara, as Beshara is better known online, will be sentenced in January and faces a maximum penalty of five years in prison on each count

Phara’s message




NinjaVideo Founder Sentenced To 22 Months in Prison

* enigmax
* January 6, 2012


An outspoken founder of NinjaVideo, one of the first domains to be targeted in the ongoing Operation in Our Sites, was sentenced today for conspiracy and criminal copyright infringement. Hana Beshara, known online as Phara, will now spend 22 months in prison followed by 2 years of probation and 500 hours of community service. A source close to NinjaVideo told TorrentFreak that Hana’s lawyer “was happy” with the sentence.

Late June 2010, nine sites connected to unauthorized movie streaming were targeted by US law enforcement. NinjaVideo, at the time one of the Internet’s most popular video portals, was high on their list. The now-famous and ongoing Operation in Our Sites had officially begun.

Five people connected to NinjaVideo were arrested but it took until September 2011 for them to be indicted by a federal grand jury. One of those indicted was site co-founder Hana Beshara.

Later that month, Beshara – known online by her pseudonym Phara, and referred to by NinjaVideo members as their “Queen” – pleaded guilty before U.S. District Judge Anthony J. Trenga in the Eastern District of Virginia.

Beshara admitted her role in the founding of NinjaVideo during February 2008 and confessed to negotiating agreements with online advertisers. In total the site is said to have generated revenue and donations totaling around $500,000. Of this amount, Beshara admitted personally receiving around $200,000.

Today, 30-year-old Beshara was sentenced. For crimes of conspiracy and criminal copyright infringement, she was sentenced to 22 months in prison followed by 2 years probation and 500 hours of community service. She will have to repay the money she made from the site, a total of $209,826.95, and forfeit financial accounts and computer equipment.

“Hana’s lawyer was happy with the sentence,” a source close to NinjaVideo told TorrentFreak.

“Judge Trenga rarely gives the max penalty like some judges do. He was clearly unhappy with her being unremorseful but Hana does not separate her accomplishments in building the community with the crime,” the source added.

“Beshara had several character witness letters and made a statement to the court. The judge recognized that she is a capable, intelligent woman who created a high quality site.”

Last year, NinjaVideo co-founder and coder Matthew Smith (known online as Dead1ne) also pleaded guilty to conspiracy and criminal copyright infringement and was due to be sentenced December 2011. A delay means the 23-year old will be sentenced at a later date.

Joshua David Evans (known online as Wadswerth), 34, of North Bend, Wash. previously pleaded guilty to one count of conspiracy and one count of criminal copyright infringement relating to the release of the movie Iron Man 2 before its commercial premiere.

Jeremy Lynn Andrew (known online as htrdfrk), a 33-year-old of Eugene, Ore. pleaded guilty to a single count of conspiracy.

Justin A. Dedemko (known online as Afr1ka), 28, of Brooklyn, N.Y was responsible for uploading content to NinjaVideo and marketing the site. He previously admitted receiving just over $58,000 from site revenue and will pay restitution in that amount.

All face a maximum of five years in prison and a $250,000 fine when they are sentenced in the coming months. Beshara’s relatively lenient sentence (considering the maximum available) is an indication that their sentences are likely to be no more than 2 years.

A fifth defendant in the case, Zoi Mertzanis of Greece, known online as “Tik”, is accused of being one the site’s most active uploaders. A warrant is outstanding for his arrest.

Hana Beshara after her indictment


Ladybbird 17-03-12 20:22

Re: VIDEO-NinjaVideo “Head of Security” Avoids Prison
 
RELATED;

US Authorities Silence NinjaVideo Founder, Rush Her to Prison

* Ernesto
* January 14, 2012


Last week Hana Beshara, one of the founders of the popular NinjaVideo movie and TV show streaming site, was sentenced to 22 months in prison for conspiracy and criminal copyright infringement. Beshara was released until a bed opened up at a detention center, but after she posted critical notes on Facebook the authorities asked to reconsider this decision. As a result, the NinjaVideo founder was rushed to local prison today.

Mid-2010, nine sites connected to movie streaming were targeted by the U.S. government. They included NinjaVideo.net, at the time one of the Internet’s most prominent video streaming sites.

Hana Beshara, known online as Phara, was the first of the site’s founders to be sentenced. She has to spend 22 months in prison followed by 2 years of probation and 500 hours of community service.

After her sentencing Beshara was released to allow her to spend a few weeks in the outside world until a bed became available at a local prison. This is common procedure if a person is unlikely to flee and doesn’t pose a danger to the safety of any other person or the community.

Initially the authorities didn’t protest this decision, but a few hours after the verdict they changed their position. As it turns out, the Attorney’s Office was keeping an eye on NinjaVideo’s Facebook page where Beshara was blowing off stream and interacting with other members of the Ninja community.

“I never snitched, I never left Ninjavideo, and I will always be proud of this incredible world we built, this community that touched millions. I hold my head high. Always. Ride or die, no? THIS **** IS NINJA,” was the first of more than two dozen updates to which the authorities took offense.

Aside from joking about her time in jail – picking up a degree, earning pennies making license plates – Beshara encouraged people to spread the word about her sentencing. The NinjaVideo founder further solicited for photo shoots in men’s magazines, and made plans to create a documentary.

Prettier than the MPAA

http://torrentfreak.com/images/ninja-maxim.jpg


The authorities were not amused by the outspoken convict, and immediately requested the court to detain her as soon as possible.

“Between Friday afternoon and this morning, Beshara posted more than 25 additional Facebook messages, which variously criticized the government, celebrated NinjaVideo.net’s copyright infringement, and sought to assemble a public relations team to engage media and documentary filmmakers to help her ‘fight back’ and ‘change [ ] history . . . again.’.”

“Beshara also posted several entries on what remains of the NinjaVideo.net forum boards, now hosted at www.ninjavideoforum.net, one of which belittled the sentence imposed by the Court and mocked the named victim of her crimes,” they write.

According to the authorities, the Facebook updates written by the NinjaVideo founder pose a danger to the community.

“Beshara’s post-sentencing actions demonstrate a clear lack of remorse over her illegal conduct and a disregard of the harm her actions have caused, and pose a danger to the community,” they write.

The question is what the authorities see as a threat. We assume that a comment like “IMA RUN MY ****IN CELL BLOCK. :),” isn’t taken too seriously. Even if it is, the comment wouldn’t be a threat to the community, and certainly not a reason to rush her to jail.

Another option is that the authorities simply don’t want Beshara to speak up in public and be critical or even sarcastic about her sentencing. Her motivation to get into the spotlight and have her say, may be one of the main reasons why the authorities wanted to speed up the detainment.

Despite opposition from Beshara’s lawyer, today the court sided with the prosecution and ruled that the NinjaVideo founder should be locked up effective immediately, taking away the few weeks she had left. Beshara was sent off to the Alexandria detention center where she will serve her sentence… and run a cell block.

RELATED;

Second NinjaVideo Admin Jailed For Copyright Infringement


* enigmax
* January 21, 2012


A second administrator of NinjaVideo, one of the first targets of the US government’s Operation in Our Sites, has been sentenced. Matthew Smith, known online as Dead1ne, received 14 months in prison, two years supervised release, and was ordered to pay back just over $172,000 he allegedly earned from the site.

Late June 2010, nine sites connected to unauthorized movie streaming were targeted by US law enforcement.

NinjaVideo, at the time one of the Internet’s most popular video portals, was one of the first targets in the now-famous and ongoing Operation in Our Sites.

Five people connected to NinjaVideo were arrested and in September 2011 they were indicted by a federal grand jury. After pleading guilty on September 23rd, yesterday one of the site’s founders was sentenced in Alexandria, Va..

Matthew David Howard Smith, known online as Dead1ne, received 14 months in prison for his activities at Ninja. U.S. District Judge Anthony J. Trenga also ordered Smith to serve two years of supervised release.

Of the total $505,000 said to have been collected by NinjaVideo in ad revenue and donations since its creation in February 2008, Smith is said to have received $172,387. The court ordered Smith to repay this amount and forfeit five financial accounts and previously-seized sundry computer equipment.

When compared to the punishment handed out to NinjaVideo co-founder Hana Beshara earlier this month, Smith was treated relatively leniently. Beshara, known online as ‘Phara’, was sentenced to 22 months in prison followed by 2 years of probation, 500 hours of community service and ordered to repay nearly $210,000.

In contrast to Beshara, 23-year-old Smith appears to have caused the authorities much less of a headache since his guilty plea. After her sentencing, the hugely outspoken 30-year-old Beshara posted comments to Facebook which suggested she had no regrets. The outburst incensed the authorities and she was rushed directly to a local prison to begin her sentence.

Three former operators of NinjaVideo are yet to be sentenced including 34-year-old Joshua David Evans (known online as Wadswerth), 33-year-old Jeremy Lynn Andrew (known online as htrdfrk), and 28-year-old Justin A. Dedemko (known online as Afr1ka). All face a maximum of five years in prison and a $250,000 fine when they are sentenced in the coming months.

Zoi Mertzanis of Greece, known online as “Tik”, is accused of being one the site’s most active uploaders. A warrant is outstanding for his arrest.


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