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-
- From: rice@ttd.teradyne.com
- Subject: Virgin Islands Phreak Arrested and Convicted
- Organization: Teradyne Inc., Telecommunications Division
- Date: Sat, 23 May 92 18:03:55 GMT
-
-
- With the on-going discussion of the 'legalities' of unauthorized use
- of long distance access codes (or phone credit card numbers), the
- following is forwarded from alt.ham.radio, as it might be of interest
- to readers. Apparently you don't have to be 'caught with the card' so
- to speak, to be found guilty of toll fraud using un-lawfully obtained
- access numbers.
-
- Additional details of this story have been published a number of places.
-
- ---------------------------
-
- [relayed from packet]
-
- Msg #1083
- From: KZ1D
- Date: 15-May 0309Z
- Subj: The Compleate KV4FZ (1)
-
- OK, you asked for it, and here it is! The WHOLE, unexpungatetd (sp?)
- article as it appeared in the May 15 W5YI Report ...
-
- KV4FZ: GUILTY OF TELEPHONE TOLL FRAUD
-
- St. Croix ham operator, Herbert L. "Herb" Schoenbohm, KV4FZ, has been
- found guilty in federal court of knowingly defrauding a Virgin Islands
- long-distance telephone service reseller. He was convicted April 24th
- of possessing and using up to fifteen unauthorized telephone access
- devices in interstate and foreign commerce nearly five years ago.
-
- The stolen long distance telephone access codes belonged to the
- Caribbean Automated Long Lines Service, Inc. (CALLS) of St. Thomas,
- U.S. Virgin Islands. Schoenbohm was found to have made more than
- $1,000 in unauthorized telephone calls -- although the prosecution
- said he was responsible for more (make that far more).
-
- According to the {Virgin Islands Daily News}, Schoenbohm, who is also
- the St. Croix Police Chief of Communications, showed no emotion when
- he was pronounced guilty of the charges by a 12 member jury in U.S.
- District Court in Christiansted. The case was heard by visiting
- District Judge Anne Thompson.
-
- Neither Schoenbohm or his defense attorney, Julio Brady, would comment
- on the verdict. The jury deliberated about seven hours. The
- sentencing, which has been set for June 26, 1992, will be handled by
- another visiting judge not familiar with the case.
-
- Schoenbohm, who is Vice Chairman of the V.I. Republican Committee, has
- been released pending sentencing although his bail was increased from
- $5,000 to $25,000. While he could receive a maximum of ten years on
- each count, Assistant U.S. Attorney Alphonse Andrews said Schoenbohm
- probably will spend no more than eight months in prison since all
- three counts are similar and will be merged.
-
- Much of the evidence on the four day trial involved people who
- received unauthorized telephone calls from KV4FZ during a 1987 period
- recorded by the CALLS computer. Since the incident took place more
- than five years ago, many could not pinpoint the exact date of the
- telephone calls.
-
- The prosecution produced 20 witnesses from various U.S locations,
- including agents from the Secret Service, the U.S. Marshals Service,
- Treasury Dept. and Federal Communications Commission. In addition
- ham operators testified for the prosecution.
-
- Schoenbohm was portrayed as a criminal who had defrauded CALLS out of
- hundreds of thousands of dollars. Schoenbohm admitted using the
- service as a paying customer, said it did not work and that he
- terminated the service and never used it again. He feels that there
- was much political pressure to get him tried and convicted since he
- had been writing unfavorably articles about Representative DeLugo, a
- non-voting delegate to Congress from the Virgin Islands, including his
- writing of 106 bad checks during the recent rubbergate scandal.
-
- Most, but not all the ham operators in attendance were totally opposed
- to KV4FZ. Bob Sherrin, W4ASX from Miami attended the trial as a
- defense character witness. Sherrin told us that he felt the
- conviction would be overturned on appeal and that Schoenbohm got a raw
- deal. "They actually only proved that he made $50 in unauthorized
- calls but the jury was made to believe it was $1,000."
-
- Schoenbohm's attorney asked for a continuance due to newly discovered
- evidence but that was denied. There also is a question as to whether
- the jury could even understand the technology involved. "Even his own
- lawyer couldn't understand it, and prepared an inept case," Sherrin
- said. "I think he was railroaded. They were out to get him. There
- were a lot of [ham] net members there and they were all anti-Herb
- Schoenbohm. The only people that appeared normal and neutral were the
- FCC. The trial probably cost them a million dollars. All his enemies
- joined to bring home this verdict."
-
- Schoenbohm had been suspended with pay from the police department job
- since being indicted by the St. Croix grand jury. His status will be
- changed to suspension without pay if there is an appeal. Termination
- will be automatic if the conviction is upheld. Schoenbohm's wife was
- recently laid off from her job at Pan Am when the airline closed down.
- Financially, it could be very difficult for KV4FZ to organize an
- appeal with no money coming in.
-
- The day after the KV4FZ conviction, Schoenbohm who is the Republican
- Committee vice chairman was strangely named at a territorial
- convention as one of eight delegates to attend the GOP national
- convention in Houston this August. He was nominated at the caucus
- even though his felony conviction was known to everyone. Schoenbohm
- had even withdrawn his name from consideration since he was now a
- convicted felon.
-
- The {Virgin Island Daily News} later reported that Schoenbohm will not
- be attending the GOP national convention. "Schoenbohm said he came to
- the conclusion that my remaining energies must be spent in putting my
- life back together and doing what I can to restore my reputation. I
- also felt that any publicity in association with my selection may be
- used by critics against the positive efforts of the Virgin Islands
- delegation."
-
- Schoenbohm has been very controversial and vocal on the ham bands.
- Some ham operators now want his amateur radio license pulled -- and
- have made certain that the Commission is very much aware of his
- conviction.
-
-
- John Rice K9IJ | "Did I say that ?" I must have, but It was
- rice@ttd.teradyne.com | MY opinion only, no one else's...Especially
- (708)-940-9000 - (work) | Not my Employer's....
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