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Eliot Spitzer Case Against Affiliate Marketer Dismissed by Judge

January 13, 2006 by Shawn Collins

Back in December 2003, there was much ballyhoo at a press conference from New York Attorney General Eliot Spitzer about a case he was bringing against Delta Seven Communications, OptInRealbig.com and Synergy6.

eliot_spitzer.jpgAt the press conference, a reporter asked Eliot Spitzer, “One of the issues here seems to be a question of affiliates. The Richter organization and Synergy 6, they just had affiliate programs, hundreds of people signed up who were commissioned for sending e-mails with the ultimate spammer Delta 7, as I understand, sent the mail and earned commissions from them. Can you talk about how you build a case against Richter, who didn’t seem to send those mails and Synergy 6?”

Eliot Spitzer replied, “Let me just say this. We don’t like to get into trial evidence at this stage of the process. We have absolutely no doubt we will be able to establish liability up that chain of command. Those who try to create buffers, as you point out, whether corporate or individual, and say, “I didn’t send it, someone else did,” and pretend there was some arm’s-length relationship between the two, we will pierce into those relationships and prove without a doubt that those, including Richter, and the corporations themselves are liable for the misbehavior of those that actually stand there and push the buttons.”

Fast forward two years later, and Eliot Spitzer has a bit of egg on his face. According to Adotas…

On January 11th (2006), the New York Supreme Court officially dismissed all charges against now-defunct online ad agency Synergy6 and its founder Justin Champion in regards to an ongoing investigation launched by Attorney General Eliot Spitzer in 2003 to determine whether email marketers, including Opt-InRealbig.com and Delta Seven Communications, were guilty of transmitting mass unsolicited emails.

This is on the heels of allegations against Spitzer that he made threats against Ex-Wall Street executive John Whitehead, who is now the head of the state Lower Manhattan Development Corporation, and others.

Plus, it’s looking like Spitzer may face a primary challenger in his quest to be Governor of the State of New York. Previously, he’d been all but anointed the next Governor of the state.

It’s been a tough month for Eliot Spitzer, and the implosion of one of his signature issues won’t help.

More information at http://www.adotas.com/2006/01/online-ad-agency-beats-spitzer-rap/

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