• Register
  • TOS
  • Privacy
  • @NeoGAF

Wario64
works for Gamestop (lol)
(07-10-2009, 09:51 PM)
http://www.sfgate.com/cgi-bin/articl...BA6L18LLG3.DTL

Two men have been indicted by a federal grand jury on charges that they stole arcade-game software belonging to a San Jose company.
More Technology

David Russell Foley of Los Gatos and Michael Daddona were named in a 35-count indictment unsealed this week. The indictment, handed up July 1 by a grand jury in San Jose, includes charges of conspiracy, trafficking in counterfeit goods, theft of trade secrets, mail and wire fraud, conspiracy to commit money laundering and bank fraud.

Foley pleaded not guilty Wednesday and was released on $100,000 bond.

Foley owned UltraCade Technologies in San Jose, which produced game packs, collections of video games that could be loaded onto arcade video-game machines. Foley sold his company and its intellectual property to Global VR of San Jose in June 2006.

But just before he sold UltraCade, Foley made game packs at his home using a burner stolen from UltraCade, the indictment said.

Foley was fired from the company, but for the next two years, he kept the proprietary code and trade secrets now belonging to Global VR and "secretly manufactured and sold game packs with counterfeit markings belonging to Global VR for his own financial benefit," the indictment said.

In doing so, Foley stole the code that enabled consumers to play Global VR games - as well as those licensed to other companies including Namco, Nintendo and Taito - on video-arcade game platforms belonging to Global VR, authorities said.

Foley sold the game packs he made to Automated Services, a Connecticut arcade-game company owned by Daddona, the indictment said. Daddona advertised the game packs on eBay at a lower price and sold them to customers across the country, authorities said.

Foley also sold a burner to Daddona, enabling Daddona to make game packs, the indictment said.

In case you don't know why this guy is a douche, check this: http://www.ubersite.com/m/60642
Like the hat?
Member
(07-10-2009, 09:56 PM)
Like the hat?'s Avatar
as long as it's not Dave Foley of Kids in the Hall/NewsRadio fame
fatigues_gasolini
Member
(07-10-2009, 10:18 PM)
fatigues_gasolini's Avatar

Originally Posted by JodyAnthony

as long as it's not Dave Foley of Kids in the Hall/NewsRadio fame

His only crime was doing full frontal in Postal. Just as bad.
disappeared
Banned
(07-10-2009, 10:19 PM)
disappeared's Avatar

Originally Posted by JodyAnthony

as long as it's not Dave Foley of Kids in the Hall/NewsRadio fame

Haha, first thing I thought of too.
GDJustin
stuck my tongue deep inside Atlus' cookies
(07-10-2009, 10:25 PM)
Whoa.

Fun fact: David Foley is the first person I ever interviewed as a VG Journalist/Writer.
DangerStepp
Member
(07-10-2009, 10:27 PM)
DangerStepp's Avatar

Originally Posted by JodyAnthony

as long as it's not Dave Foley of Kids in the Hall/NewsRadio fame

Came here to post this.
FoxSpirit
(07-10-2009, 10:37 PM)
FoxSpirit's Avatar
Seriously, what a douche. First he does this "trademark MAME" stunt. Ok, asshole move.

Then he sells his company to a new owner, GolbalVR. Ok. Then he sells counterfeit gamepacks of the software packs of which he sold the rights to GlobalVR. WHAT???

What in the three devils names was he thinking?
Flavius
Member
(07-10-2009, 10:42 PM)
Flavius's Avatar
Wow. If true?

What a fucking moron.

EDIT: Didn't know about the MAME stuff. Fucking moron tag's already been earned.
Last edited by Flavius; 07-10-2009 at 10:46 PM.
vitaflo
Member
(07-11-2009, 02:18 AM)
Ironic that a guy who supposedly fought for IP rights himself rips off IP.
K.Jack
Knowledge is power, guard it well
(07-11-2009, 02:24 AM)
K.Jack's Avatar
Always push your bootlegs from offshore companies. Noob.
1-D_FTW
Member
(07-11-2009, 03:04 AM)
1-D_FTW's Avatar
I remember this asshole from my BYOAC days. What a douche. I bet a lot of people are celebrating this.
twinturbo2
butthurt Heat fan
(07-11-2009, 03:15 AM)
twinturbo2's Avatar

Originally Posted by 1-D_FTW

I remember this asshole from my BYOAC days. What a douche. I bet a lot of people are celebrating this.

Just looked. Nothing atm.

I still wish I could own an arcade cabinet someday, btw...
Wario64
works for Gamestop (lol)
(08-11-2009, 11:52 PM)
G-Mode, Jaleco, SNK Playmore and Tecmo are accusing David Foley of piracy. Gamasutra has a huge indepth article about him:

http://www.gamasutra.com/php-bin/new...hp?story=24691

According to the indictment, Foley was fired from Global VR on September 23rd, 2006, as a result of the findings from Global VR's internal investigation. After his firing, Foley would allegedly apply and secure a loan in the amount of $2,624,475 on October 3, 2006 to buy a house in Los Gatos, California. Foley stated in the application and presented documents declaring he was still employed by Global VR and received regular income from the company

What a sleeze
goldenpp72
Member
(08-11-2009, 11:59 PM)
goldenpp72's Avatar

Originally Posted by Wario64

G-Mode, Jaleco, SNK Playmore and Tecmo are accusing David Foley of piracy. Gamasutra has a huge indepth article about him:

http://www.gamasutra.com/php-bin/new...hp?story=24691



What a sleeze

owned
Divvy
Canadians burned my passport
(08-12-2009, 12:00 AM)
Divvy's Avatar

Originally Posted by Wario64

G-Mode, Jaleco, SNK Playmore and Tecmo are accusing David Foley of piracy. Gamasutra has a huge indepth article about him:

http://www.gamasutra.com/php-bin/new...hp?story=24691



What a sleeze

Good ol' banks, lending out money without doing any checking. Good thing that never caused any problems.
Wario64
works for Gamestop (lol)
(01-10-2012, 07:06 PM)
o hai necro bump

Looks like this dude pleaded guilty

http://www.justice.gov/usao/can/pres...lea.press.html

FOR IMMEDIATE RELEASE
January 9, 2012
WWW.USDOJ.GOV/USAO/CAN
CONTACT: Jack Gillund
(415) 436-6599
Jack.Gillund@usdoj.gov

FORMER CHIEF TECHNOLOGY OFFICER OF SAN JOSE VIDEO ARCADE GAMING SOFTWARE COMPANY PLEADS GUILTY TO CONSPIRACY TO COMMIT MAIL AND WIRE FRAUD, CONSPIRACY TO COMMIT BANK FRAUD

Manufactured and Sold Counterfeit Global VR Game Packs, Submitted False Information in Mortgage Applications To Secure More Than $3 Million in Loans From Countrywide Home Loans

SAN JOSE, Calif. – The former chief technology officer of Santa Clara, Calif., video game developer Global VR, and the former owner of NexTune Corporation, d/b/a UltraCade Technologies, pleaded guilty Friday to conspiracy to commit mail and wire fraud, and conspiracy to commit bank fraud, U.S. Attorney Melinda Haag announced. The charges were contained in separate indictments but consolidated for the guilty pleas.

David Foley, 46, of Los Gatos, Calif., admitted that, as charged in the first indictment, he manufactured thumb drives, known as “game packs,” containing video gaming software that could be loaded onto arcade video game machines made for the home market. Foley illegally produced the products from his home while working as the chief technology officer of Global VR, which had previously acquired all rights to produce and sell games under the UltraCade name. After producing the game packs, Foley sold the products to a co-defendant located in Milford, Conn., and agreed to sell the game packs to the public using packaging and advertisements that falsely represented the goods to have been genuinely manufactured by UltraCade. Foley thereafter received payment for the illegally manufactured game packs by mail and wire.

Foley further admitted that, as charged in the second indictment, he defrauded Countrywide Home Loans (now owned and operated by Bank of America) of mortgage and home equity line of credit loans in the amounts of $2,624,475 and $374,925. He did this by falsely claiming that he was still employed at Global VR. Foley had been fired from his job by the time the loan applications were submitted. Foley admitted that he instructed a co-defendant to contact Countrywide Home Loans to falsely confirm his continued employment, after his employment had been terminated and prior to receiving the funds.

United States District Court Judge Edward J. Davila allowed Foley’s continued release on a $100,000 bond and ordered him to return to court on April 30, 2011, at 9 a.m. for sentencing.

The maximum statutory penalty for Conspiracy to Commit Mail Fraud in violation of 18 U.S.C. § 1349 is 20 years in prison and a fine of $250,000 or twice the gross gain or loss, a mandatory special assessment and restitution. The maximum statutory penalty for Conspiracy to Commit Bank Fraud in violation of 18 U.S.C. §1349 is 30 years in prison, a mandatory special assessment, and a fine of $1 million and restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorney Richard C. Cheng of the Computer Hacking and Intellectual Property (CHIP) Unit is prosecuting the case with the assistance of legal assistant Tracey Andersen. The prosecution is the result of a lengthy investigation by the Federal Bureau of Investigation.
sixteen-bit
Member
(01-10-2012, 07:09 PM)
sixteen-bit's Avatar
Closure, finally. Thanks Warios.
kyoya
Member
(01-10-2012, 07:16 PM)
kyoya's Avatar
Now he's telling the San Jose Mercury News that the US DOJ press release, the one you just posted is full of mistakes, what is this guy trying to prove?:

Feds say Los Gatos game developer pleads guilty to fraud, but there's one hitch
David Foley, former CTO of Global VR, said government's announcement is riddled with errors

http://www.mercurynews.com/breaking-news/ci_19708486

Oh, and I love this one:

Foley, who now owns a company that manages and promotes DJs and distributes electronic dance music.

I guess his visual pinball company Nanotech is no more?
kyoya
Member
(01-15-2012, 04:06 AM)
kyoya's Avatar
Foley is now threatening a video game blogger with his lawyers about how he worded his story about the plea deal Foley made (see comments):

http://dougberry.hubpages.com/hub/Ul...uilty-of-Fraud

By the way, the same story posts a PDF of the complete plea deal Foley signed here:

http://www.justice.gov/usao/can/pres...LEY%20Plea.pdf
kyoya
Member
(01-23-2014, 12:31 AM)
kyoya's Avatar
Looks like Foley made a plea deal to have the counterfeiting charges dropped, he plead guilty for conspiracy to commit mail and wire fraud and conspiracy to commit bank fraud. He was sentenced to two years in prison and a $5,000 fine the other day:



Link: http://www.fbi.gov/sanfrancisco/pres...mit-bank-fraud

Los Gatos Man Sentenced to Two Years for Conspiracy to Commit Mail and Wire Fraud and Conspiracy to Commit Bank Fraud

U.S. Attorney’s Office
January 21, 2014

Northern District of California
(415) 436-7200

SAN JOSE—David Foley, the former chief technology officer of Santa Clara, California video game developer Global VR and former owner of NexTune Corporation, d/b/a UltraCade Technologies, was sentenced today to two years in prison and ordered to pay a $5,000 fine for engaging in a conspiracy to commit mail and wire fraud and conspiracy to commit bank fraud, announced United States Attorney Melinda Haag and FBI Special Agent in Charge David J. Johnson.

Foley, 48, of Los Gatos, pleaded guilty on January 6, 2012, to one count of conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. § 1349, as charged in a superseding indictment filed on January 9, 2009, and one count of conspiracy to commit bank fraud, in violation of 18 U.S.C. § 1349, as charged in an indictment filed on August 18, 2011. The charges contained in the separate indictments were consolidated for the guilty pleas.

In his plea agreement, Foley admitted that he manufactured thumb drives, known as “game packs,” containing video gaming software that could be loaded onto arcade video game machines made for the home market. Foley illegally produced the products from his home while working as the chief technology officer of Global VR, which had previously acquired all rights to produce and sell games under the UltraCade name. After producing the game packs, Foley sold the products to a co-defendant located in Milford, Connecticut, and agreed to sell the game packs to the public using packaging and advertisements that falsely represented the goods to have been genuinely manufactured by UltraCade. Foley thereafter received payment for the illegally manufactured game packs by mail and wire.

Foley further admitted that he defrauded Countrywide Home Loans (now owned and operated by Bank of America) of mortgage and home equity line of credit loans in the amounts of $2,624,475 and $374,925. He did this by falsely claiming that he was still employed at Global VR. Foley had been fired from his job by the time the loan applications were submitted. Foley admitted that he instructed a co-defendant to contact Countrywide Home Loans to falsely confirm his continued employment after his employment had been terminated and prior to receiving the funds.

The game pack thing is interesting, because Gamasutra did a whole article a while back in August of '09 reporting this:

G-Mode, Jaleco, SNK Playmore and Tecmo representatives have now publicly commented to Gamasutra, and are accusing Ultracade Technologies former owner David R. Foley of piracy. These parties are now claiming that Ultracade arcade game cabinets and game packs contained many titles that were never legitimately licensed for Ultracade.
...........
Namco America, Namco's coin-op division based in Elk Grove Village, Illinois had previously spoken out and taken certain legal action against Ultracade Technologies as early as 2003. Namco America discovered Foley was taking individual copies of Microsoft Return of the Arcade Anniversary Edition, pre-installing it on Ultracade, and then selling it to arcades.
The 2000 release of Microsoft Return of the Arcade included Pac-Man, Ms. Pac-Man, Pole-Position, Galaxian, and Dig-Dug for Windows. In a March 2003 article posted on The Vending Times, then Namco America president Kevin Hayes made the company position clear:

"Ultracade is completely out of bounds in selling 'Pac-Man' or any other Namco titles for arcade use with their system. They have not licensed it from Namco or anyone else. Operators buying Namco titles from them should realize they are buying an unlicensed, illegal product and that Namco is taking appropriate action to protect its intellectual property from misuse / theft."

Foley responded by saying Microsoft's End User License Agreement didn't apply to the sale of arcade products such as Ultracade:

Link: http://www.gamasutra.com/view/news/1...ame_Racket.php

Then in a 2012 Vending Times article Foley admits this gem about the so-called game licensing:

Foley has also argued that he had the necessary licenses for all of the game packs sold and that the game packs could not be counterfeit because they did not use any registered trademarks, as required by the Federal penal code. (He provided VT with a photocopy of a relevant contract with Jaleco, but said other contracts with SNK and Tecmo were no longer in his possession due to the planned sale of UltraCade.)

Link: http://vendingtimes.com/ME2/dirmod.a...22EEF67D9F1A30

Contracts no longer in his possession? Yeah right.

Thread Tools