Just because he hasn't been convicted in this current case, doesn't mean he isn't a convicted felon.
In 1994, he was arrested by German police for trafficking in stolen phone calling card numbers. He was held in custody for a month, released and arrested again on additional hacking charges shortly afterwards. He was eventually convicted of 11 counts of computer fraud, 10 counts of data espionage, and an assortment of other charges. He received a two-year suspended sentence – because he was under age at the time the crimes were committed. The judge in the case said the court viewed his actions as "youthful foolishness."
In 2001, Schmitz bought €375,000 worth of shares of the nearly bankrupt company Letsbuyit.com (de) and subsequently announced his intention to invest €50 million in the company. The announcement caused the share value of Letsbuyit.com to jump and Schmitz cashed out, making a profit of €1.5 million. One commentator suggested that Schmitz may have been ignorant of the legal ramifications of what he had done, since insider trading was not made a crime in Germany until 1995, and until 2002 prosecutors also had to prove the accused had criminal intent.
Schmitz moved to Thailand to avoid investigation where he was subsequently arrested on behalf of German authorities. In response, he allegedly pretended to kill himself online, posting a message on his website that from now on he wished to be known as "His Royal Highness King Kimble the First, Ruler of the Kimpire". He was deported back to Germany where he pleaded guilty to embezzlement in November 2003 and, after five months in jail awaiting trial, again received a suspended sentence (of 20 months). After avoiding a prison sentence for a second time, he left Germany and moved to Hong Kong in late 2003.