BotNet "owner" charged

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Posted: Sun Nov 11, 2007 9:06 pm

Looks like the FBI is taking an interest in botnets. This one was more about ID theft, but I would think still related to what hit here.

http://fraudwar.blogspot.com/2007/11/botnet-owner-faces-60-years-in-prison.html

Posted: Sun Nov 11, 2007 11:17 pm

May he rot in hell Evil or Very Mad

419Eater Admin Joined: 30 Sep 2003 Posts: 7469

That's a bit harsh Lotta Laughing

Posted: Sun Nov 11, 2007 11:37 pm

Quote:

They also have some information on how to avoid having your computer turned into a zombie, here.

thats easy....dont click on any links

Mad

or even better dont switch the bugger on

Razz

Posted: Mon Nov 12, 2007 12:43 am

60 years sounds pretty good. Plenty of time to develop a close relationship with Bubba before the heart attack.

Elite Baiter Joined: 02 Jul 2006 Posts: 1702

Bout time they got one.

"a statotory maximum of 60 years" what on earth does that really mean is it like in the uk "Life for murder" meaning upto 25 / 30 years depending on how the judge thinks it was serious or does it mean hes gonna get 60 years?

Also if he goes to jail does he still have to pay the 1.75m?

If i was the judge id paint a dartboard to his t-shirt then let everyone he infected throw a dart, those who he stole money from can throw all 3

Cool

Guess thats why im not a judge, but i might apply to be a magistrate - in uk there all volunteers anyway lol.

Chuck Norris Joined: 11 Jun 2007 Posts: 1369

There is no way he is going to get 60 years. Statutory MAXIMUM of 60 years is what he could get at the most, should he be convicted.

Interesting to see under what statute they are trying this scumbag:

Quote:

It is the first time in the nation that someone has been charged under the federal wiretap statute for conduct related to botnets.

I am interested to see how this will play out. His lawyers will probably challenge the constitutionality of such a charge. Then again, he is taking a plea so it is hard to say. I am curious to see what happens with it, because this would set a precedent for later cases of this kind, at least in the US.

All the same, this is one fewer of these vermin not doing harm on the interwebs, at least for the time being.

Posted: Mon Nov 12, 2007 2:30 am

Akai:

He took a plea. Every plea deal I have seen from the Feds includes a waiver of appealing the constitutionality of the charge. There are rare cases where they take that out. Those are usually test cases where someone really really believes in their position. Generally center around free speech or a very poorly written statute. Given this guy was trying to commit ID theft I doubt very much he would have any constitutional argument.

As for sentencing, the phrase "Statutory maximum" is just that, the max the guy can get. Under US Federal law there is no parole. You serve at the least 85% of the time given. The fine can still be imposed even if he gets the maximum 60 yrs. I have not looked at the federal guidelines on this matter so I have no idea what to expect him to get.

** ACCOUNT CLOSED ** Joined: 15 Apr 2007 Posts: 766

shiver wrote:

That's a bit harsh Lotta Laughing

What is the Ethics of Wishing Someone into Hell?

Flees flying bricks. . . .

^^^^^Indeed on pleading guilty--as a certain US Senator who likes footsie in the bathroom

discovered--pretty much removes all possibility of appealing the conviction.

--J.D.

Posted: Mon Nov 12, 2007 6:57 pm

With any luck, he'll get the maximum and the rest of the botnet "owners" will follow.

Posted: Mon Nov 12, 2007 7:38 pm

The whole deal with a guilty plea is that the court will consider that he didn't waste their time, and will give him a much reduced sentence. He'll probably get, at most, 3 years, or a suspended sentence, or... 18 months with a two year parole, all in a nice cushy white collar federal country club, with a white line painted around it( "Im in jail,... I'm out, I'm in jail... I'm out") where his wife can only visit him three nights a week, he can finish his Mastes degree, and, when released, find a job immediately in "cyber security", make a lot of money, write a book about it, appear on David Lettermen, and, we can only hope, be killed by a mentaly deranged stalking fan....

Trophy Videos · Posted: Mon Nov 12, 2007 8:09 pm

I'll guess he pleads guilty, and gets 10 years, plus the fines.
(But his lawyers will get some of it.)

Chuck Norris Joined: 11 Jun 2007 Posts: 1369

@ The Man--I guess what I was really wondering, is if any future is charged in the future and decides not to enter a plea like this guy did, whether they would try to argue being charged under the federal wiretap statute. Obviously in this case the choice is not there, but it might be interesting to see how it would play out in future cases of this kind.

Posted: Tue Nov 13, 2007 12:40 am

shiver wrote:

That's a bit harsh Lotta

I think emotion has caused lotta's to loose all sense of practicality as rotting usually requires moisture, and I'm not sure if there is any in hell.

I think what she really meant is, "I hope he rapidly oxidises in a very hot place."

Posted: Tue Nov 13, 2007 1:20 am

Quote:

I think what she really meant is, "I hope he rapidly oxidises in a very hot place."

For eternity.

Posted: Tue Nov 13, 2007 1:49 am

And don't forget... As part of the plea deal for computer fraud he most likely wont be able to be within 100' of a computer... that is until he starts working for the governments computer fraud division. banghead

Elite Baiter Joined: 02 Jul 2006 Posts: 1702

I missed a bit it just occured to me after 4 beers -
he did a plea bargain, in exchange for information

Looks like others could soon follow him

"jailhouse rock"

Posted: Tue Nov 13, 2007 2:37 am

callum wrote:

I think emotion has caused lotta's to loose all sense of practicality as rotting usually requires moisture, and I'm not sure if there is any in hell.
I think what she really meant is, "I hope he rapidly oxidises in a very hot place."

I guess that was a bit harsh.

Instead I hope someone gets really medieval on his arse in prison. That better? Laughing

Posted: Tue Nov 13, 2007 3:00 am

Quote:

Instead I hope someone gets really medieval on his arse in prison. That better?

Uh, yeah, thats much better..... Twisted Evil

** ACCOUNT CLOSED ** Joined: 15 Apr 2007 Posts: 766

dr stephen williams wrote:

The whole deal with a guilty plea is that the court will consider that he didn't waste their time, and will give him a much reduced sentence. He'll probably get, at most, 3 years, or a suspended sentence, or... 18 months with a two year parole, all in a nice cushy white collar federal country club, . . .

Are you sure about that?

Cool

--J. "Yeeaah" D.