Vitale and Moeller reportedly went undetected by switching up header information and by using various servers to send e-mails, bypassing AOL’s spam filter. This generated $40,000 a month for the men with the use of 40 separate computer servers. Moeller divulged this information to a US Secret Service informant used as a decoy who hired Moeller and Vitale.

Moeller charged the informant $6,500 to send spam according to court documents. The men struck a deal with the informant that would pay him half of the proceeds from sales of security product and $40,000 from initial profits.

Both men are to be sentenced in September and face a maximum sentence of 11 years of incarceration.

A joint investigation by the FBI, FTC, and Washington Attorney General’s Office, The U.S. Inspection Service, and the Dept. Of Criminal Investigation of the IRS brought Soloway before a Seattle Grand Jury according to Spamhaus.

Through his company Newport Internet Marketing Corp., Soloway is accused of marketing “legitimate” ‘opt-in’ e-mail and then failing to provide refunds or support. He is also being accused of violating both CAN-SPAM and the Computer Abuse and Fraud Act of 1984 by sending spam messages on hijacked computers.

Spamhaus first listed Soloway on its Block List in 2001 and its Register of Known Spam Operations in the “worst of the worst” criminal spammers category in 2003.

“Soloway’s arrest shows that fighting spam involves technology, consumer education and underscores the importance of legislation and law enforcement,” said David Daniels, vice president and research director for JupiterResearch. “However the impact on advertisers and consumers is that e-mail will continue to flood inboxes, and while this is symbolic and a necessary part of the campaign against spam, it doesn’t mean that legitimate advertisers will be able to relax their efforts to get the consumer’s attention.”

Soloway is no stranger to the criminal court system. Microsoft won $7 million in a civil suit against him in 2005 andthe owner of an Oklahoma-based ISP, Robert Braver won a $10 million suit. Soloway has yet to pay either of these.

While this current arrest is significant in the fight against spam, many critics and analysts doubt that this will ultimately curb the appetite of the spamming community.

Soloway pleaded not guilty to all charges. He is considered a flight risk and remains in federal custody.