Subpoenaed by Attorney General

T

TheLiquidWrench

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Aug 13, 2009
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Hey guys,

Today I got a call from an affiliate network which shall remain nameless for now saying that the attorney general had subpoenaed affiliates from the network. The network was asked to give stats on all the campaigns I ran including money earned, tracking links, etc...

They told me they think it's in relation to using fake news articles.

My site was compliant and I had the Advertisement written on top/ "this site is not affiliated with any newspaper publication" as well as all of the other necessary terms/ relevant asterisks pointing to the terms.

I was wondering if anyone else got this call and what exactly I should be expecting at this point or if anyone has been down this road before.

The specific niche I'm sure they're coming after is biz opps back when I was running all the google offers around.
 


Fake news articles? I doubt it was because of that... and more because you were pushing the Google biz-ops
 
Garrett said:
Fake news articles? I doubt it was because of that... and more because you were pushing the Google biz-ops
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maybe. I'm surprised they're going for affiliates at this point and I'm curious if the advertisers are getting heat for this as well. I'm responsible to some degree but I wasn't the one who actually sold the product so I guess I'll just wait and see.
 
No subpoena is over the phone. Almost all legal matters come through the mail.

This does not mean that to save themselves that you might be the scapegoat.

Go over your data, what they say your data is and the law at the time of activity. Also you can verify a subpoena the AG is not a ninja.

The key here is the law at the time. Not after the fact. Plus accusations have to be legally proven. Screenshots and stats alone are not legal proof.

Study for yourself and or get legal counsel to prepare and be aware.
 
TheLiquidWrench said:
maybe. I'm surprised they're going for affiliates at this point and I'm curious if the advertisers are getting heat for this as well. I'm responsible to some degree but I wasn't the one who actually sold the product so I guess I'll just wait and see.
Click to expand...

That's like saying you were reffering buyers to a drug dealer, not actually selling it. Either way, you are part of the transaction.
 
WildGunner said:
No subpoena is over the phone. Almost all legal matters come through the mail.
Click to expand...

they told me that the attorney general had contacted them at this point and they had until March 1st to hand over the info. So I haven't officially been subpoeaned yet but I guess the network has?
 
Having never been subpoenaed before, if they wanted that information about you, wouldn't they have to subpoena you? If the investigation was about your blogs or sites, they have to get that information from you, wouldn't they? I dunno, something doesn't sit right with me about this.

Get yourself a lawyer, like, now.
 
I will caveat this post by saying if it were me. I would do the following:

1) Find out if you were singled out and asked that your specific data be turned over or were all affiliates who ran "xyz" offer asked to be turned over. If you are part of a group, see if it is possible for the network not to send over your data (unlikely but worth a try)

2) I would delete any domain from my registrar account that I ran said traffic to

3) I would make sure all files are removed from my hosting account that pertain to said traffic. I would also probably cancel the hosting account.

4) If it was you singled out in question 1, I would seek legal counsel. I use Venable. They're pricey and tend to pad their bills, but I'm ok with that. Another thing you could do is find out if this case is also using an outside law firm to help prosecute. If they are, hire that firm on retainer immediately. They could potentially decide not to go after you based on conflict of interest. It has worked for some people in the past.

5) Set aside money now $10-50k to pay any potential fines that may come

6) hope for the best
 
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Hello friend,

I will wish you good luck bro like others but what real need is good lawyer.

Good luck bro
 
TheLiquidWrench said:
they told me that the attorney general had contacted them at this point and they had until March 1st to hand over the info. So I haven't officially been subpoeaned yet but I guess the network has?
Click to expand...

disclaimer: i am not a lawyer, have never been a lawyer, and am not providing legal advice. the below is for entertainment purposes only and opinions expressed are not anyone's. not even mine.

i have been through stuff like this before and have a few friends who have. the network is going to give the AG all the info they have on you. you may or may not wind up getting contacted directly by the ag. it is definitely time for you to lawyer up, to be safe. might be a good time to dust off your agreement with the network to see if there is any indemnification or representation/warranty language that helps you/hurts you.

examples:
1. publisher agreement says that publisher is solely responsible for content, indemnifies network and advertiser against any claims related to truth in advertising, etc. (potentially bad for you).

2. publisher agreement says the network and/or their advertiser were approving your copy and you can't push copy until they give you a written approval. said approval carried an assumption of liability (by them) or indemnification (for you). (potentially less bad for you).

one important note is that the ag isn't going to care about your agreement with the network. if they decide to go after you it won't dissuade them.
 
majorbta said:
I will caveat this post by saying if it were me. I would do the following:

1) Find out if you were singled out and asked that your specific data be turned over or were all affiliates who ran "xyz" offer asked to be turned over. If you are part of a group, see if it is possible for the network not to send over your data (unlikely but worth a try)

2) I would delete any domain from my registrar account that I ran said traffic to

3) I would make sure all files are removed from my hosting account that pertain to said traffic. I would also probably cancel the hosting account.

4) If it was you singled out in question 1, I would seek legal counsel. I use Venable. They're pricey and tend to pad their bills, but I'm ok with that. Another thing you could do is find out if this case is also using an outside law firm to help prosecute. If they are, hire that firm on retainer immediately. They could potentially decide not to go after you based on conflict of interest. It has worked for some people in the past.

5) Set aside money now $10-50k to pay any potential fines that may come

6) hope for the best
Click to expand...

thank you. good avice. It was numerous affiliates btw, not just me.
 
btw, the network said that the ag already had my affiliate id (probably pulled it from my links), but they also said that they had my name which I'm not sure if is bullshit or not because all of my domains are registered privately so I don't see how they could have gotten it unless they got it from the registrar.
 
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