I wasn't sure exactly what to make of this news.com story with a tabloidesque headline:  Couple to AOL:  Stop searching for spammer's gold.  Huh?  What we glean from the news.com story is that AOL obtained a judgment against a spammer (Davis Wolfgang Hawke) and now wants to search the house of the spammer's parents for buried gold.  That sounds not so typical in the world of law.  When it comes to spam litigation I guess anything is possible.

A Techdirt article sheds more light on the story.  I guess AOL actually recovered gold bars from Hawke's cohort (Brad Bournival) a year ago as part of a settlement.  AOL pursued Bournival and Hawke.  Hawke flew the coop and Bournival settled. 

A year ago, AOL had a contest where they decided to give away $20,000 in gold bars they had received from spammer Brad Bournival, as part of their settlement with him. Bournival is a name that should be familiar to anyone who read Brian McWilliams' excellent book Spam Kings. Bournival, if you recall, was the apprentice to the book's main character, Davis Wolfgang Hawke. While Bournival was willing to cooperate when authorities cracked down on their spamming activities, Hawke ran. However, since AOL won their case against both spammers, it feels that Hawke still owes them plenty of money. In the book, it details how Hawke would hide his money all over the place often in the form of gold bars, and apparently the folks at AOL have taken notice. They're now trying to dig up the backyard of Hawke's parents, in search of more gold bars. A judge has given permission for the search, which AOL says shouldn't be too destructive -- but Hawke's mother is vowing to fight the search, saying she has no clue where her son is and she's sure he didn't bury any gold on their property.

The news.com article makes it seem a foregone conclusion that AOL, metal detectors in hand are going to comb the property owned by Hawke's parents and grandparents:  ("The Greenbaums may not have much of a say in the matter. In April, U.S. District Court Judge Nathaniel Gorton granted a motion giving AOL the right to any property that Hawke left with his parents or his grandparents.").  A quick pacer search indicates this is not necessarily the case.  The Motion to Quash filed (on Friday, August 18th) (.pdf link here) by Hawke's grandparents paints the picture of callous AOL marauders tromping through the property of Hawke's grandparents, one of whom is 90 and the other 86.  The Motion also notes that "[t]he timing of the discovery during the growing season, if exhumation is indicated, interferes with the Davises enjoyment of the gardens, flowerbeds, shrubbery and lawns . . . ."  The Motion seeks (among other things) delay of discovery, payment of expert fees, a further showing of reasonable basis, and other protection related to the discovery. 

Something tells me that AOL is not digging up the Davises garden any time soon . . . .