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Old November 29th 11, 03:50 PM posted to rec.games.chess.politics
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Default Alexander Set to Change Not Guilty Plea on 12/13

Time for all victims to be heard is coming.

Undersigned counsel stipulate as follows:
1. A change of plea hearing is currently scheduled in this matter on
November 30, 2011 at 2:30 p.m;
2. Mr. Alexander hereby requests additional time to allow him to
purchase a round trip airline ticket with a two-week advance, which
his research shows will be more affordable for him than purchasing a
one-way airfare to return home after a Court appearance on November
30, 2011;
3. Accordingly, Mr. Alexander requests a continuance of the change-of-
plea hearing for this purpose to December 13, 2011 at 1:45 p.m;
4. Government counsel has no objection to defense counsel's request.
IT IS SO STIPULATED.
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Old November 29th 11, 11:11 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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Default Alexander Set to Change Not Guilty Plea on 12/13

On Nov 29, 7:50*am, BLafferty wrote:
Time for all victims to be heard is coming.

Undersigned counsel stipulate as follows:
1. * * *A change of plea hearing is currently scheduled in this matter on
November 30, 2011 at 2:30 p.m;
2. * * *Mr. Alexander hereby requests additional time to allow him to
purchase a round trip airline ticket with a two-week advance, which
his research shows will be more affordable for him than purchasing a
one-way airfare to return home after a Court appearance on November
30, 2011;
3. * * *Accordingly, Mr. Alexander requests a continuance of the change-of-
plea hearing for this purpose to December 13, 2011 at 1:45 p.m;
4. * * *Government counsel has no objection to defense counsel's request.
IT IS SO STIPULATED.


Lets hope they finally fry the asshole who tried to take over the USCF
and deserves no mercy.

Sam Sloan
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Old November 30th 11, 07:56 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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Default Alexander Set to Change Not Guilty Plea on 12/13

People have asked me about the next few steps in the plea process.
Generally, we can expect Alexander to be in federal court on 12/13 to
change his not guilty plea to a guilty plea based on a plea deal
presented to the court by the US Attorney. If the court considers the
deal to be reasonably acceptable, Alexander will plead guilty on the
record and allocute on the record regarding his crime(s). The plea is
conditionally accepted by the court pending a pre-sentencing
investigation and report to the court which takes roughly two months
to complete. During this period victims and the public can make thier
views on the proposed plea known to the court, including objections to
the terms of the plea deal.


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Old November 30th 11, 08:42 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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Default Alexander Set to Change Not Guilty Plea on 12/13

On Nov 30, 2:56*pm, BLafferty wrote:
People have asked me about the next few steps in the plea process.
Generally, we can expect Alexander to be in federal court on 12/13 to
change his not guilty plea to a guilty plea based on a plea deal
presented to the court by the US Attorney. If the court considers the
deal to be reasonably acceptable, Alexander will plead guilty on the
record and allocute on the record regarding his crime(s). The plea is
conditionally accepted by the court pending a pre-sentencing
investigation and report to the court which takes roughly two months
to complete. During this period victims and the public can make thier
views on the proposed plea known to the court, including objections to
the terms of the plea deal.


What are the terms of the plea deal?
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Old December 1st 11, 11:16 AM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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Default Alexander Set to Change Not Guilty Plea on 12/13

On Nov 30, 12:42*pm, None wrote:
On Nov 30, 2:56*pm, BLafferty wrote:

People have asked me about the next few steps in the plea process.
Generally, we can expect Alexander to be in federal court on 12/13 to
change his not guilty plea to a guilty plea based on a plea deal
presented to the court by the US Attorney. If the court considers the
deal to be reasonably acceptable, Alexander will plead guilty on the
record and allocute on the record regarding his crime(s). The plea is
conditionally accepted by the court pending a pre-sentencing
investigation and report to the court which takes roughly two months
to complete. During this period victims and the public can make thier
views on the proposed plea known to the court, including objections to
the terms of the plea deal.


What are the terms of the plea deal?


So, if he agrees to fry Polgar and Truong they might let him off with
say only a year?

Sam


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Old December 1st 11, 08:25 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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Default Alexander Set to Change Not Guilty Plea on 12/13

On Nov 30, 3:42*pm, None wrote:
On Nov 30, 2:56*pm, BLafferty wrote:

People have asked me about the next few steps in the plea process.
Generally, we can expect Alexander to be in federal court on 12/13 to
change his not guilty plea to a guilty plea based on a plea deal
presented to the court by the US Attorney. If the court considers the
deal to be reasonably acceptable, Alexander will plead guilty on the
record and allocute on the record regarding his crime(s). The plea is
conditionally accepted by the court pending a pre-sentencing
investigation and report to the court which takes roughly two months
to complete. During this period victims and the public can make thier
views on the proposed plea known to the court, including objections to
the terms of the plea deal.


What are the terms of the plea deal?


That will not be known until the pleas deal is presented to the court
on 12/13.
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Old December 1st 11, 09:16 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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Default Alexander Set to Change Not Guilty Plea on 12/13

On Dec 1, 1:25*pm, BLafferty wrote:
On Nov 30, 3:42*pm, None wrote:

On Nov 30, 2:56*pm, BLafferty wrote:


People have asked me about the next few steps in the plea process.
Generally, we can expect Alexander to be in federal court on 12/13 to
change his not guilty plea to a guilty plea based on a plea deal
presented to the court by the US Attorney. If the court considers the
deal to be reasonably acceptable, Alexander will plead guilty on the
record and allocute on the record regarding his crime(s). The plea is
conditionally accepted by the court pending a pre-sentencing
investigation and report to the court which takes roughly two months
to complete. During this period victims and the public can make thier
views on the proposed plea known to the court, including objections to
the terms of the plea deal.


What are the terms of the plea deal?


That will not be known until the pleas deal is presented to the court
on 12/13.


I would be very interested to know what has happened since I last
visited he

On Aug 16th 2010 Judge Patel DISMISSED count 35 against Gregory
Alexander, and reduced counts 1-34 from Felonies to Misdemeanors. Now
you all sound like a rabid pack of dogs that Alexander will be thrown
in jail.

My *guess* though IANAA is that he will plead "guilty" in exchange for
all charges being dropped, probably ordered to pay a fine, and agree
to terms of some probation, thus finally bringing this charade of a
case to a close. People who commit REAL CRIMES, robbery, assault, and
other VIOLENT crimes frequently get their hands slapped and assigned
to PROBATION, which if they violate the terms of can land them in
jail.

This has been the biggest waste of time and taxpayer dollars. The U.S.
Att. could be going after REAL criminals, not some misdemeanor hacking
charge.

Me?!? There would be NO way I would change my plea from NOT
GUILTY to GUILTY on a bunch of MISDEMEANOR charges, unless they were
dropped to close the case. Get a life!!!
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Old December 1st 11, 09:19 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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Default Alexander Set to Change Not Guilty Plea on 12/13

On Dec 1, 4:16*pm, Bobcat wrote:

This has been the biggest waste of time and taxpayer dollars. The U.S.
Att. could be going after REAL criminals, not some misdemeanor hacking
charge.

Me?!? There would *be NO *way *I *would *change *my *plea from NOT
GUILTY to GUILTY on a bunch *of MISDEMEANOR charges, unless they *were
dropped to *close the *case. Get a life!!!


Whatever you say Charlie.
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Old December 1st 11, 09:35 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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Default Alexander Set to Change Not Guilty Plea on 12/13

On Nov 29, 4:11*pm, samsloan wrote:
On Nov 29, 7:50*am, BLafferty wrote:

Time for all victims to be heard is coming.


Undersigned counsel stipulate as follows:
1. * * *A change of plea hearing is currently scheduled in this matter on
November 30, 2011 at 2:30 p.m;
2. * * *Mr. Alexander hereby requests additional time to allow him to
purchase a round trip airline ticket with a two-week advance, which
his research shows will be more affordable for him than purchasing a
one-way airfare to return home after a Court appearance on November
30, 2011;
3. * * *Accordingly, Mr. Alexander requests a continuance of the change-of-
plea hearing for this purpose to December 13, 2011 at 1:45 p.m;
4. * * *Government counsel has no objection to defense counsel's request.
IT IS SO STIPULATED.


Lets hope they finally fry the asshole who tried to take over the USCF
and deserves no mercy.

Sam Sloan


BTW here is Judge Patel's Ruling 16 Aug 2010 ruling so everyone is
one the same page: Unless things changed that I don't know about --
possible -- I don't see much beyond probation in exchange for a
"guilty" plea.

"Defendant Gregory Alexander (“Alexander”) is charged in a thirty-five
count indictment. Counts 1 through 34 allege felony violations of the
Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030(a)(2)(c), and
count 35 alleges aggravated identity theft, 18 U.S.C. § 1028A(a)(1).
Now
before the court are four separate pretrial motions filed by
Alexander:
(1) a motion for a bill of particulars to require the government to
provide additional details to support the CFAA counts, Docket No. 42;
(2) a motion to compel the government to produce certain documents
related to the investigation into Alexander’s conduct, Docket No. 43;
(3) a motion to dismiss count 35 of the indictment, Docket No. 44; and
(4) a motion seeking various relief as a consequence for the
government’s failure to timely respond to the three previously-
mentioned
motions, Docket No. 49.

"The indictment alleges that on thirty-four separate occasions,
Alexander
accessed, without authorization, the Yahoo! email account of Randall
Hough, one of the board members of the United States Chess Federation
(“USCF”). These thirty-four intrusions into Hough’s account correspond
with the thirty-four counts of violations of the CFAA and also form
the
basis for the aggravated identity theft charge. Although none of the
factual background related to this allegedly criminal conduct is
included in the indictment, the government, in its late-filed
opposition
to Alexander’s motions, describes how Alexander’s actions were part of
an internal power struggle among the USCF board members.

"The indictment filed by the government in this case is as factually
and
legally deficient as any the court has seen in its experience. Counts
1
through 34 charge Alexander with accessing another individual’s Yahoo!
email account and thereby obtaining information. 18 U.S.C. section 1
030(a)(2)(c) states that “[w]hoever intentionally accesses a computer
without authorization or exceeds authorized access, and thereby
obtains
information from any protected computer” shall be punished. A
violation
of subparagraph (a)(2) is a misdemeanor, see 18 U.S.C. § 1030(c)(2)
(A),
unless the government proves that

"(I) the offense was committed for purposes of commercial advantage or
private financial gain;
(ii) the offense was committed in furtherance of any criminal or
tortious act in violation of the Constitution or laws of the United
States or of any State; or
(iii) the value of the information obtained exceeds $5,000

"Id. § 1030(c)(2)(B). If the government establishes any one of those
three aggravating circumstances, a violation of subsection (a)(2) is a
felony, punishable by a fine or imprisonment not more than five years.
Id.

"The indictment includes only one allegation that could possibly be
construed as alleging a violation of the CFAA under subsection
(c)(2)(A). Paragraph 7 of the indictment states that “Gregory
Alexander
intentionally and without authorization accessed a protected computer,
to wit: the email server operated by Yahoo administering the e-mail
account , by means of interstate communications,
and thereby obtained information from said protected computer, . . .
All
in violation of 18 U.S.C. §§ 1030(a)(2)(c) and (c)(2)(B)(ii).”
Although
the indictment purports to allege a violation of the CFAA’s felony
provision, subsection (c)(2)(B)(ii), nowhere does it allege the
statutory language of that provision, nor does it include any factual
allegations from which it could be inferred that Alexander’s computer
intrusions were “in furtherance of any criminal or tortious act in
violation of the Constitution or laws of the United States or any
State.” In other words, it fails to allege any tortious or criminal
conduct that would invoke subsection (c)(2)(B)(ii). This obvious
facial
shortcoming in the indictment, for which the government, at the
hearing
on the motion, had no explanation, requires that the court construe
counts 1 through 34 as charging Alexander with misdemeanor violations
of
the CFAA. In fact, the government conceded as much at the hearing.

"Having concluded that the indictment only alleges misdemeanor
violations
of the CFAA, the court must dismiss count 35. Count 35 of the
indictment
charges Alexander with aggravated identify theft in violation of 18
U.S.C. section 1 028A(a)( 1). Section 1 028A(a)(1) provides that:

"Whoever, during and in relation to any felony violation enumerated in
subsection (c), knowingly transfers, possesses, or uses, without
lawful
authority, a means of identification of another person shall, in
addition to the punishment provided for such felony, be sentenced to a
term of imprisonment of 2 years.
18 U.S.C. § 1028A(a)(1) (emphasis added). A felony violation of the
CFAA, 18 U.S.C. § 1030, is among the felony violations enumerated in
18
U.S.C. section 1028A(c) that can serve as a predicate for a
prosecution
for aggravated identity theft. However, counts 1 through 34 of the
indictment only allege misdemeanor violations of the CFAA.
Accordingly,
count 35 must be dismissed, as it fails to include any allegations
that
the identity theft engaged in by Alexander was committed “during and
in
relation to any felony violation . . . .”

"CONCLUSION

"The court deems that counts 1 through 34 of the indictment filed
against
defendant allege only misdemeanors, as opposed to felonies. On its
face,
the indictment fails to allege that the defendant’s violations of 18
U.S.C. section 1030(a)(2)(c) were committed pursuant to any of the
circumstances specified in 18 U.S.C. section 1030(c)(2)(B).
Accordingly,
count 35 is dismissed, as the indictment fails to allege that
defendant
used “a means of identification” of another individual “during or in
relation to any felony violation . . . .”
Within thirty (30) days of the date of this order, the government must
inform defendant and the court whether it intends to seek a
superseding
indictment or proceed on the remaining thirty-four misdemeanor counts
for violations of the CFAA.[emphasis added]
IT IS SO ORDERED.
Dated: August 16, 2010
MARILYN HALL PATEL
United States District Court Judge Northern District of California "
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Old December 2nd 11, 12:08 AM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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Default Alexander Set to Change Not Guilty Plea on 12/13

Alexander might get probation. There will be terms and conditions to
that probation. There will likely also be hefty restitution. I
understand that the USCF has been providing restitution documentation
to the US Attorney who has been forwarding same to Alexander's
counsel. I know that because of court filings related to the last two
adjournments.

Once he pleads guilty, the USCF can take a certified copy of the
guilty plea and make a motion for summary judgment against Alexander
in the civil action Judge Patel transferred to Texas. The granting of
that motion is likely followed by a trial/hearing on damages.
Alexander, if facing a significant judgment against him in that civil
suit, would do well to consider filing a cross-claim against Polgar
and commence a third-party action against Truong. Once Alexander is
subject to a judgment, he can be subpoenaed yearly as a judgment
debtor for as long as the judgment remains unsatisfied.

Add to all of this the fact that Alexander will have a criminal record
that will follow him for the rest of his life. He has his friends to
thank for all of this.
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