Cheet-Sheets.com Owner Pleads Guilty; May Face Jail Time
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.
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Current  user Comments for "Cheet-Sheets.com Owner Pleads Guilty; May Face Jail Time"
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| 8/28/02 - Becky Nagel from Web Editor, CertCities.com says: |
Hey Anon -- just to clarify on what providers are "legal" or "illegal" (first off, I'm not a lawyer, etc.). Exam question providers do not have to have the certification program's approval to be considered "legal" -- or at least there's no precedent for that. And by legal here we're talking about violating copyright -- are they using actual exam questions, or are they creating them on their own? It's the method that's used to develop the questions that determines the violation of the law. If you take the questions exactly, that's a copyright voilation. If you take the questions and modify them somewhat, that's probably still a copyright violation depending on the amount of information changed because the questions are derivative from the original source. In the same way that we'd have a case if someone took my story above, changed a few words, and then reposted as their own -- it's still a violation. The line of what's derivative is drawn by the courts (it usually allows for some coincidence). But if you create original questions, then there's not copyright violation because the original source wouldn't be used. And the "legitimate" vendors either create their questions orginally (perhaps using methods very similar to the cert vendor's question development methods) or have deals with the vendors themselves where they have permission to view the questions and create derivitive works (these may be the "approved" vendors). Both would be considered legitimate, however. From what I learned about the trade secrets statute covering these stories, I'm pretty sure the prosecutors need to believe the questions are either exact or derivitive in order to move forward (.e.g., you could probably apply the copyright standard to the questions before determining whether injury really occured), so I doubt we'll see anyone but those who publish exact or almost exact questions being prosecuted under this statute, but that's just what I think. BTW -- The very best faq on the Web about copyright can be found here: www.templetons.com/brad/copymyths.html |
| 8/28/02 - Anonymous says: |
Quoting from the letter to MCP and candidates by Microsoft "MCP Practice Test Provider Program. Candidates may want to assess their skills before taking an MCP exam. We recommend that candidates use practice test products developed only by MCP Practice Test Providers. These products cover the complete set of exam objectives, meet a number of other criteria established by Microsoft, and indicate that they are approved by Microsoft by displaying the MCP Practice Test Provider logo. Practice tests can supplement, but should not be a substitute for, the training and required hands-on work experience in the skills covered by the exam objectives. " |
| 8/28/02 - Trex from San Francisco says: |
It's about F-ing time! I know of an MCSE or two who based on what they seem to know almost certainly got their Certs using cheatsheets. Thanks guys, for making MS Certification worthless. As for MS, Thanks to you I'm pursuing Cisco certs instead. More likely to prove actual knowledge. You guys waited too long to do anything. |
| 8/28/02 - Anonymous from Minneapolis says: |
Well there is certainly a lot of issues around the MS Certs. I have quite a few Certs some I've used Trancenders on and some I haven't. I think anyone who believes they can get a job soley from a Cert is gravely mistaken. They do add credence to your experience. Like many others I believe that MS is at fault when they write their test questions outside the scope of the class material, (I have taken many MS certified classes only to see questions on issues barely covered or not in the curriculum). I have failed serveral exams mainly because information that was on the test was not in the cirriculum or so grey I wasn't sure what they were asking forcing a guess. It would certainly help us all if MS maintained the scope of their test to what they want you to know about their systems. That you can make plenty hard. |
| 8/28/02 - rather not say from Rhode Island (not in NY) says: |
Isn't it true that for years M$ has willingly sold the public a defective product, in every version of Winduhs ever sold? Isn't it true that this is widely accepted in IT and now the rest of society, as 'just the way the computer world works'? I'm as guilty as anyone, having used M$ products my entire life in IT, and touting them as the best in the biz (?!) simply because of name recognition. How then, can M$ justify clamping down these sites, or any other pirating of their products, when every product they sell is a lemon? Where's the lemon law for software? If our cars ran like any version of Windows, we'd all be riding bikes. |
| 8/28/02 - morgan from charlotte, nc says: |
I am MCSE since 2000, CNE since 97 and also A+, 5 years experience, triple college degreed and denied even the most basic position here because I'm either over or underqualified...my advice to others seeking to get into the IT field is dont bother!!...anyone else having same experience as I am? please comment. |
| 8/28/02 - Robert Allen says: |
I am a TSE with the group once called Compaq. Every day I get calls from MCSE's who start out giving me their credetials . They are call me to get solutions to questions that a novice would know the answers to. It is ironic that they have a piece of paper that says they know the answers. The tragic thing is they take the the best jobs away from those who may not have a piece of paper on their wall but really work in the trenches every day to save their butts! |
| 8/28/02 - Anonymous says: |
Unfortunately with need the certs to get our foot in the door. HR and recruiters use the certs to screen out candidates. Until they change this we need these damn papers. |
| 8/28/02 - Russ from Cedar Rapids, IA says: |
I am an MCSD, MCT, and was an NT4 MCSE. I am also a Sun Certified Java Programmer and CIW Certified Web Site Designer. I would like to make the following observations: 1) I have passed around 20 certification exams over the years. Microsoft's did not always contain the most perfect "real world" questions, but overall I felt they were more realistic than those from Sun and CIW. 2) One of the main purposes of certification exams is to keep people from fraudulently misrepresenting their abilities to prospective employers. The theory is that if someone has passed the exams, you know they have at least a fundamental knowledge of the software. But this theory becomes invalid when test-takers are able to memorize questions and answers before taking the test. I'm glad they busted these guys; it will restore some legitimacy to certification exam results. 3) The best way to get Microsoft to change their test questions and policies is to stop taking their certification exams. If you are unwilling to do so you must recognize their value. Why would anyone spend hundreds of dollars taking certification exams unless the payback exceeded the expense? If you can't see how illogical it is to to spend more on exams than you get back in benefits, I wouldn't want you working on my system. |
| 8/28/02 - Bogus Boy says: |
I used TroyTecs in preparation for every single W2K exam I took and passed them all on the first try. I guess I'm one of "those" people who got certified by cheating. Or did I? I spent $8,000 dollars and 2 weeks of 15 hour-a-day classes for a boot camp. Do I know my stuff? Since I got certified in February and have yet to land an interview, much less a job, there's really no telling. I've been in the IT field for over 6 years now and I'm still pulling network cables and installing hardware as a contractor instead of sitting in a cushy office drinking bad coffee and bitching about users and how stupid they are. I'm proud of the fact that I'm MCSE and MCSA certified, but those 2 certs are not even worth the crummy paper they're printed on. Consequently I used them for toilet paper when I ran out last night. Microsoft is the LAST company in the world that should be pursuing people on charges of unethical business practices. |
| 8/28/02 - Anonymous says: |
these boot camps are M$ approved, everyone is guilty here. the "approved" training center gets the 10k from a student that they told only needed to be able to open email and they can turn them into a certified pro. student says ok because the cert will be M$ backed. then school claims bankruptcy doesn't follow through with promise of test voucher shouldn't M$ be responsible for this? they allowed the "school" to use their moniker. truth is that if everyone got what they deserved we would all be using mac's because steve would have sued bill and won, end of story. |
| 8/28/02 - Anonymous says: |
I would not use a mac, I would use linux. But I have nothing personal against a mac. blah |
| 8/29/02 - Jake from atlanta says: |
I spent over $5000 and 8 months in a real cert school (not a bootcamp) not to mention what I gave to Micr$oft for the exams. After a month of studing for the 70-216(with "study aids" and reading the book and doing the exercises many times) I found the questions to be so obtuse and irrelavant to the book there would be no way in hell I would of passed with out them, even with memorising the book cover to cover. These exams are a joke when it comes to testing your real knowledge. Bootcamp certs should all be revoked. My former manager from a retail store that I will not mention achived his MCSE by a week in bootcamp and through cheating on the exams. Guess where he is now? The same crappy job a the same crappy place. These fakes will be weeded out very quickly. The best way to prevent this from happening is changing the exams so they are relevant to the real world, more hands-on, make the questions from the content of the book or make new books, and providing FREE study guides on the material that WILL appear on the exams. People need to understand that a MCSE is only a learning permit and not to class everyone who has worked very hard to achive this cert as worthless because the have no prior professional experience. Because of all the jackass cheaters, all the time I spent now seems worthless because I can't even land a F#$@ing $12hr help-desk job. I should taken my money and time to a college. At least then I would have a degree worth something. |
| 8/29/02 - phil says: |
its almost always about the money. Do you guys really think that is Microsoft was making money on each of these study guides sold that they would still attempt to prevent their sales? Please. Truth of the matter is that it may be illegal, but as another post said Microsoft is the last company that should complain about illegal business practices! I have seen these so called braindumps and have even looked them over prior to taking the MCSE, mcsa exams. However I had a pretty good understanding of the material before hand and viewing these guides didnt make the test any easier or harder. Microsoft certification is by the most popular but on the other hand that comes at a price. This is not entirely to be blamed on these website either! Bootcamps or training schools are no different in what they offer. Yeah make 75k a year by being a Cisco and Ms certified system, and that is honest?!?! come on! Its all B.S any way you look at it. The bootcamps are just as guilty as the braindumps in my opinion, claim to offer something that never comes through..in fact I think these bootcamps are even a bigger fraud to get your money and then leave you jobless due to the lack of IT jobs despite their "job placement" program after you finish the MCSE track. Certification has become a business whether we like it or not. Whether it be the cost of the tests, the study material or the classes, its tons of money flowing into the vendors hands. Bootcamps should be shut down as these braindump sites are because they are both just as guilty! |
| 8/29/02 - Outside from not US says: |
I tell you what: Yes, I'm using these study guides, yes I have helped on producing these study guides and No, I don't feel guilty to use them. Cheating is as old as tests are. People always wish to take a peek on what they're facing in the test. There is nothing to be concerned about. It is not very honest to use them OK, but really: is IT industry that fair to us ? If guys think studying traditional way is OK for them fine, for myself I have decided to do it the other way. It is fast, it is cheap and it works ! That is the same kind of effectivity that IT industry propagates to its customers. I should feel bad or shame on me ? I'm not a murder, a raper or a thief. We are all in the same kind of game. Everybody tries to make the best out of it. The man who is without sin throws the first stone. |
| 8/29/02 - Jeff from PA says: |
Well, another step in getting rid of text book admins which haunt me every day!!! They need to go after some of the schools that promote these sites as well! |
| 8/29/02 - Jeff's Mom from PA says: |
Where else should we learn Jeff? Set up a 1000 client network in the basement? Will you teach us? Maybe a totaly irelevent BS in computer science? Please. Shutdown the bootcamps and the cheat sites but leave the credible places alone. Where did you learn and get your first job? Were you just walking down the street one day and someone offered one to you and automaticly knew everything and anything? Remember you didn't start out as "Jeff the guru". Don't forget where you came from, put down the diet coke, and get a grip! |
| 8/29/02 - Jeff's Mom from PA says: |
Where else should we learn Jeff? Set up a 1000 client network in the basement? Will you teach us? Maybe a totaly irelevent BS in computer science? Please. Shutdown the bootcamps and the cheat sites but leave the credible places alone. Where did you learn and get your first job? Were you just walking down the street one day and someone offered one to you and automaticly knew everything and anything? Remember you didn't start out as "Jeff the guru". Don't forget where you came from, put down the diet coke, and get a grip! |
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