8/27/2002 -- Oregon resident Robert R. Keppel, owner of the now-defunct braindump Web sites Cheet-Sheets.com and CheetSheets.com, pleaded guilty in federal court Friday to a charge of theft of trade secrets, in violation of Title 18, United States Code, Section 1832(a)(2).

The charge resulted from allegations made by Microsoft that Keppel was selling questions and answers to Microsoft certification exams.

When he's sentenced on November 1, Keppel faces up to 10 years in prison and $250,000 in fines. He also forfeited a Lexus RX300, a 1997 Ferrari Spider and $56,000 in cash as part of a plea agreement. CertCities.com attempted to reach both Keppel and his attorney for comment, but did not receive a response before this story was posted online.

Assistant United States Attorney Annette Hayes, who prosecuted the case, said this is first application of the theft of trade secrets statute to procure a conviction within the realm of IT certification testing. In June, police in Bexar County, Texas seized the assets of TestKiller LTD and its owners citing the same felony charge, but criminal charges have not been filed in that case.

Previously, most "braindump" cases were pursued in civil court, citing copyright and trademark violations. "The [theft of trade secrets] statute is not that old... which is probably why there hasn't been many [criminal cases of this type]. But there's nothing unique about this case," said Hayes. "We picked this statute because it was the one that applied."

According to Microsoft, the case began when the company received allegations from customers that the content of Keen's CheetSheets contained live exam items. Microsoft made a criminal complaint to the Federal Bureau of Investigations during the summer of 2001, which turned the investigation over to its Computer Crimes Division.

In Sept. 2001, the FBI's Computer Crimes Division issued search warrants and seized the cash and cars listed above, as well as papers and other evidence. According to the government, this evidence showed that Keppel began selling the questions some time in 1999. He began buying exam questions from a source in Pakistan in January 2001, which he then incorporated into his test materials. (The government declined CertCities.com's request for the name of the Pakistan source.) Records from a NOVA credit card merchant account, opened by Keppel in July 2000, show that the business earned at least $753,633.03 while that account was active, the government said.

Hayes said that criminal charges were never filed in this case. When her office was given the case in late 2001, they initiated contact with Keppel, and eventually negotiated the guilty plea through Keppel's attorney. The government then filed a Statement of Information with the court on August 8, paving the way for Keppel to enter his plea on Friday.

Hayes told CertCities.com that her office will make sentencing recommendations in late October. According to Hayes, Keppel is currently out on "pre-trial" release.

"I think it's important to note that the government is pursuing these types of cases and we will continue to do so," said Hayes.

Word of the plea spread over the weekend after the Seattle Post-Intelligencer published a short news story online.

"I was ecstatic when I heard the news," said Craig Callaway, president of Self Test Software. "Yes, it's good for [test question] vendors like us, but this is really about the industry as a whole. There's got to be a concerted effort to protect the integrity of certification."

"[This plea] will raise awareness of this problem," said Robert Pedigo, executive director of the Information Technology Certification Security Council, an industry organization that works to preserve the integrity of IT certification exams. "It is probably fair to take this as a shot across the bow of anyone who is attempting to cheat."

Pedigo said that certification vendors are working on improving exam security through a variety of means, including tighter nondisclosure agreements, greater scrutiny of testing centers and legal action, but they are also looking to the certified community for help. "This is an active concern that every single person who holds a certificate should bear in mind. By becoming certified, one is a member of a professional group. And it's important that one defend the integrity of that group."

The owner of one braindump site who wished to remain anonymous told CertCities.com that the plea was not that big a concern. Unlike CheetSheets.com, which commercially packaged live exam items, the source explained that most braindump sites are free collections of thousands of questions submitted by end users. "There's a big difference between looking at 150 screenshots [of actual] questions and poring through a thousand questions -- you can't memorize a thousand questions," the source said. "I think the certification programs realize this."

Even so, the source added that this case may influence his/her site: "I'm thinking of moving away from actual questions and more toward study guides." - B.N.