Judgment in
U.S. v. David Lee Smith


My essay, Examples of Malicious Computer Programs, discusses the Melissa computer virus that was written and released by David Lee Smith, as well as the legal consequences for him. After initially pleading "not guilty", Smith pled guilty on 9 Dec 1999 and was sentenced on 1 May 2002.

The Judgment of the trial court in the case of U.S. v. David Lee Smith was not published and I could not find it in a search on the Internet in August 2002. Because I believe that this historical document should be readily available, I acquired a paper copy from the U.S. District Court in Newark, New Jersey, scanned it, used optical character recognition software to convert the document to ASCII text, formatted the text in HTML, and posted it on the Internet at http://www.rbs2.com/dls.htm
I have omitted Smith's personal identification from this document.

Ronald B. Standler
17 September 2002

District of New Jersey

DAVID SMITH, Defendant

Case Number 2:99-CR-730-01

(For Offenses Committed On or After November 1, 1987)

The defendant, DAVID SMITH, was represented by EDWARD F. BORDEN, JR..

The defendant pled guilty to count(s) 1 of the information on 12-9-99. Accordingly, the court has adjudicated that the defendant is guilty of the following offense(s):

Title & Section: 18:1030(a)(5)(A) & 2
Nature of Offense: Fraud activity connected with computers
Date of Offense: 3-26-99

As pronounced on 5-1-02, the sentence is imposed pursuant to the Sentencing Reform Act of 1984.

It is ordered that the defendant shall pay to the United States a special assessment of $100.00, for count(s) 1, which shall be due immediately. Said special assessment shall be made payable to the Clerk, U.S. District Court.

It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this Judgment are fully paid. If ordered to pay restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.

Signed this the 3rd day of May, 2002.

Joseph A. Greenaway, Jr.
United States Judge

[Page 2 of 5]


The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 20 Months.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons.

[Page 3 of 5]


Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years.

While on supervised release, the defendant shall comply with the standard conditions that have been adopted by this court (on the next page):
and shall comply with the following additional conditions:
[Page 4 of 5]


While the defendant is on supervised release pursuant to this Judgment:
  1. The defendant shall not commit another federal, state, or local crime during the term of supervision.

  2. The defendant shall not illegally possess a controlled substance.

  3. If convicted of a felony offense, the defendant shall not possess a firearm or destructive device.

  4. The defendant shall not leave the judicial district without the permission of the court or probation officer.

  5. The defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month.

  6. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer.

  7. The defendant shall support his or her dependents and meet other family responsibilities.

  8. The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons.

  9. The defendant shall notify the probation officer within seventy-two hours of any change in residence or employment.

  10. The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute or administer any narcotic or other controlled substance, or any paraphernalia related to such substances.

  11. The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.

  12. The defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer.

  13. The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer.

  14. The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer.

  15. The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court.

  16. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.

[Page 5 of 5]


The defendant shall pay a fine of $5,000.00.

The fine is due immediately. It is recommended that the defendant participate in the Bureau of Prisons Inmate Financial Responsibility Program. In the event the entire fine is not paid prior to the commencement of supervision, the defendant shall satisfy the amount in no less than equal monthly installments over the term of supervised release.

If the fine is not paid, the court may sentence the defendant to any sentence which might have been originally imposed. See 18 U.S.C. § 3614.

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) community restitution, (6) fine interest, (7) penalties, and (8) costs, including cost of prosecution and court costs.

[End of Document]

this document is at   http://www.rbs2.com/dls.htm
17 September 2002

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