Warshak now resides in an Ohio federal prison (his mother Harriet was eventually given five years probation instead of jail time, and due to ill health was released from community service obligations). He forfeited homes, numerous bank accounts, several vehicles, annuities, college savings plans, a $10,000 membership to the La Costa Resort and Spa, two grand pianos, and even a Segway scooter as part of the judgment against him.
Berkeley became an entrepreneurial success story and a major Cincinnati employer. Smilin' Bob's grin grew so big it looked as though it was about to split his face in two, but the grin hid a secret. Though Berkeley bragged in ads that Enzyte had a 96% customer-satisfaction rate, huge numbers of customers had actually complained. The complaints grew loud enough that the head of the Better Business Bureau wrote a letter to Warshak in mid-2004 to announce "serious concerns about the number of complaints" it had received.
Richard, the mechanic from New York, got results faster than Bob, but still wore the device under his clothes for about eight hours a day. Richard's wife has also been supportive. "I see a more confident man in front of me from using this product," she says. She also says the lengthening has enhanced their sex life, though she had no complaints before.
The case had been made partly on the back of Warshak's private e-mails, even though he had taken numerous precautions to secure these. Somehow the feds got their hands on those messages even before they obtained a search warrant. How had it happened? The answer to that question made the Enzyte case a pivotal piece of Internet law — and revealed how investigators had learned to lean on another key pressure point in the Internet ecosystem: third-party servers.
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They didn't convince either a jury or a set of appeals court judges. (As Judge Boggs eventually wrote of the company, "A reasonable juror could easily conclude that Berkeley's sales operation was, for the entire duration of its existence, little more than a colossal fraud.") After a six-week federal trial in early 2008, Warshak was sentenced to twenty-five years in prison, and he had to surrender $459 million in proceeds from the sale of Berkeley products and another $44 million for money laundering. His mother, Harriet, got two years in jail. Berkeley eventually entered bankruptcy.
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