There are a few instances of perfect crimes. In the US, for example, the way in which state and federal laws interact apparently makes it impossible to try a person who commits a crime in the small part of Yellowstone National Park that lies in the state of Idaho due to the way in which jurors must come from both the district and the state in which the crime was committed. This creates the possibility of a crime for which the criminal cannot be tried.
The fictional character Randolph Mason in Melville Davidson Post's classic crime story "The Corpus Delicti" managed to get his client acquitted of murder due to a technicality in the way that the state of New York defined the crime of murder (and caused the public outcry that eventually led to changing the law), creating another perfect crime - one that is not actually illegal due to the way in which the law is written.
It also seems that spammers may have found another way to commit the perfect crime. The combination of the nature of the victims and the ease with which the perpetrators of spam-based stock manipulation schemes evade prosecution makes these schemes seem like they are virtually impossible to stop.
The Internet is flooded with spam that touts penny stocks, inexpensive shares of relatively small companies. Such spam is commonly part of a scheme to manipulate the price of these stocks, and now accounts for an estimated 15 percent of all spam sent. Manipulating stock prices in this way may be the perfect crime.
In these schemes, spammers gradually buy shares of a penny stock over time - buying enough to make it worth their effort but not enough on any one day to create a noticeable change in the trading volume of the shares. Once they have accumulated enough shares, they send out millions of e-mails that claim that this stock is virtually guaranteed to increase in value, perhaps due to some big deal that's about to be signed or a discovery of additional gold or oil reserves by the hyped company. The spammers then sell their shares in the first few hours of the first trading day after the e-mails are sent, when enough demand is created by the e-mail blast to temporarily increase the price of the stock and keep it high while they sell their shares.
The spammers do not make huge profits from each of these pump-and-dump schemes they run. A recent study suggests that spammers earn an average of roughly 4.29% from their investment in each of these schemes while the victims of the schemes lose an average of 5.5% of their investment. A return of 4.29% may sound small for a criminal enterprise, but if a spammer can earn 4.29% on his investment every week, he will end up making well over 800% annually, turning an investment of only $1,000 into over $55 million in five years.
Because relatively small numbers of shares are involved, the total loss for each of the gullible investors is quite small, and a spammer is lucky to make a few thousand dollars off each scheme. On the other hand, because the victims experience relatively small losses from each scheme, they have little incentive to complain loudly about their losses. The spammers are like a mosquito that only takes a drop of blood, hoping that the discomfort that they cause will not be noticed by their victim. In most cases, this turns out to be the case.
Investors in penny stocks realize that their trading is a high-risk activity, and a loss of 5.5% is not exceptional for such investors, who often make investments based on equally-inaccurate information, like anonymous tips on internet message boards and discussion groups. Thus their loss from buying the stocks hyped by spam is often not large enough or unusual enough to attract their attention. Penny stock investors seem to just write off the spam as yet another of the many bad tips that they receive that leads to a small loss when they use it to make an investment.
Such stock manipulation schemes are illegal in many countries, but the nature of the internet makes it infeasible to enforce many of the laws banning it, and spammers are smart enough to operate from countries where enforcement is not likely. Many are also clever enough to not target victims in their own country, making local law enforcement organizations even more unlikely to take any action against them.
Spammers are also careful to cover their tracks, often using "botnets," large collections of compromised computers, to send their spam in a way that leaves no trace of the identity of the spammer. This makes it extremely difficult for law enforcement to trace the true origin of the spam, making prosecuting them virtually impossible.
So spammers may have found a way to target victims that may not even realize that they have profited the spammers, and to do so in a way that makes it extremely unlikely that they will ever be prosecuted. Stopping spam may be the only realistic solution to this nuisance, but spammers seem to be able to stay a step ahead of e-mail filtering technology, so we may continue to see stock spam for quite a while. But unless there is a breakthrough in anti-spam technology that makes stopping stock spam from being read by gullible investors feasible, it may be another example of the perfect crime.