He allegedly employed several paid employees, including a director of marketing, website developer, customer service manager, and a team of customer service representatives. The malware generated sales of more than $350,000 from September 2010 to April of this year
That doesn't sound like a whole lot of money to support that number of employees over close to 4 years. They should've marketed it to creeps working for school boards instead of random creeps. No criminal charges that way.