Military Review

Affectionate Hand of the American Themis

7



You rivers: I give life to the world,
I will punish the earth with death
For all my hand is raised.
I also, the rivers he gives life,
And I will also punish death: With you, my God, I am equal.

/BUT. S. Pushkin, “Imitations of the Qur'an”, 1824,

And your humble servant could not resist: with a weak squeak, I walked along a well-trodden path, namely about the USA, the country of 404, and on politics in general.

The resonant case of cybercrime, the purchase and smuggling of drugs in relation to the Ukrainian carde Mucha ended with zilch.



Last Thursday, a team of lawyers led by Tim Anderson (Red Bank, New Jersey) completed a work on representing a client accused of cybercrime in the Federal Court of New Jersey. Federal District Judge Esther Salas sentenced defendant Sergey Vovnenko to 41 a month in prison, which potentially could be deprived of liberty for more than 30 years.
Ukrainian Serozha, taking into account the preliminary release, will be released literally tomorrow.

/ 16 February 2017, Newark, New Jersey /

Vovnenko, whom the US Attorney's Office called the United States Federal Prosecutor’s Office only as the “administrator of two hacker internet forums,” was scoured for participating in an international hacker operation, buying and shipping drugs.

Affectionate Hand of the American Themis


According to prosecutors, Sergiy Vovnenko, 29, who lived in Naples in the reporting period, under the nicknames Thomas Rimis, Flycracker, Flyck, Fly (Centurion), Centurion, MUXACC1, Strainer and Darklife, from September 2010 to August 2012, broke into associates in headquarters. and companies in the United States and other countries, and stole data, including user names and passwords that gave hackers access to foreign bank accounts, as well as plastic card numbers and personal data of their owners. As stated in the 11-page accusatory document, then Vovnenko and his accomplices either removed money from the accounts of the victims and made purchases using their cards, or sold confidential information to other cybercriminals.

Seriously allegedly used a botnet, that is, in the words of prosecutors, the "army" secretly infected with malicious programs of other people's computers, which counted 13 thousands of machines (malicious program "Zeus"). He also actively used three forums for cybercriminals and was the administrator of two of them. In particular, hackers tracked stolen data through these sites and were in active correspondence.

Vovnenko is officially accused of conspiring to commit fraud, computer hacking and identity theft.
It was this guy who terrorized a famous journalist Brian Krebs several years ago.



He tried to substitute Brian when mailed him a gram of heroin 1 and called the police with a message about drug distribution. Fortunately, Brian got into the Russian-speaking forum in advance and found out about Sergei's plans in advance, so he managed to warn the police.

Krebs has already talked about this in detail. stories. In the Russian-speaking cybercrime world, Brian is fiercely hated for his investigations and doxing community members. In 2013, one of the flyers under the Fly nickname began to send Krebs bullying tweets and links to malicious pages, probably trying to hook the Trojan on his computer. In his LiveJournal blog, Mukha also launched an active campaign, publishing copies of credit reports, the home address of Krebs, a map of the area with his house, photos of the front door and other confidential details about the journalist.

Brian Krebs did not sit with folded arms. He conducted his own investigation and, thanks to the specialists of the Russian company Group-IB, learned that Mucha is the administrator of the closed Russian-speaking forum thecc.bz on carding (now the forum is not working).

Having secretly infiltrated the forum, Brian found a large discussion thread, where Mukha asked his comrades-in-arms to give up Bitcoin to buy heroin for Krebs. According to the plan, the carders were going to buy “Gerych” in the Silk Road store (currently not working) - and send it to the journalist’s home address. Immediately after that, it was planned to call the police, who were to discover the package with the drug at Brian Krebs - and arrest him for possession or distribution of the drug (in general, for anything).



Members have carefully studied the range of heroin sellers in Silk Road and have chosen the most reliable seller with a good reputation. The plan was partially successful. Carders really collected the necessary amount, then Mukha called the local police station and said that his “neighbor” was a drag dealer, drug addicts go to him every day, and drugs even come to him by mail.

But only Brian went to the police himself beforehand and said that Mukha and his Ukrainian friends were plotting against him, so that soon he would be sent a package by mail and would call the police. As it should be, the goods soon came in the form of a glossy magazine with glued packages on the cover of a magazine with advertising.



Brian immediately called the police, and the officers were convinced that the packages were almost pure heroin.

Mucha did not calm down on this, and soon sent Brian Krebs to the door with a funeral ornament in the shape of a cross with funeral card.



Probably, it was also bought on someone else's credit card. I appreciated Seryoga's humor. How do you?

After this stories Brian Krebs became extremely interested in Mucha's personality. The guys from Group-IB helped him by finding out the mailing address [email protected], which Fly lit up on one of the sites. In 2013, this mailbox was hacked by someone, they found a bunch of logs from keyloggers and link to another email address [email protected] Of course, all the addresses were anonymous, but it turned out that Mukha installed a keylogger, including on the computer of his fiancé Irina Gumenyuk. Soon, Irina changed her last name to Vovnenko on social networks - and so Brian Krebs came to the identity of the hacker who terrorized him. It turned out to be 28-year-old Sergei Vovnenko, who lived with his wife and young son in the Italian city of Naples.

All the information gathered about the attacker Brian Krebs handed over to law enforcement, and soon Italian special forces visited the apartment of the Ukrainian family.

For about 15 months, Mukha was awaiting extradition in the prison of Poggioreale Jail, which is called worst in Italy.



There he quickly repented and even sent Brian greeting cards for the New Year.



In the end, in 2015, Mr. Vovnenko was still extradited to the United States. Tim Anderson and his team successfully "rubbed out" with the US Attorney's Office and 16 in February 2017, the judge of New Jersey sentenced him to 41 a month in prison (about the same he had already served out) and three years of being under observation, as well as damages in the amount of $ 83 368.

The punishment for Vovnenko is not related to hooligan actions against a journalist, but is related only to his other crimes of carders. By American standards, his (punishment) can be called super-soft. Moreover, the carder, apparently, was released right in the courtroom.

Of course, I'm terribly far from the thought that Judge Esther Salas’s “his honor” was instructed directly from Oval Office™ ...


But, you see, this verdict is puzzling. Even with the rather strange rules for the qualification of crimes under American criminal law.

Back to the depths of centuries.

It so happened that at the same time with the common law system, the US criminal law received from the English law the doctrine of merger (absorption) of criminal encroachments (Merger doctrine). Initially, this doctrine largely concerned the procedural rights of the person held accountable, since the rights of the person held accountable for committing a felony differed significantly from the rights of the person who committed the misdemeanor. According to the merger doctrine, in the event that both criminal acts were committed by the perpetrator, it was believed that the felony, being a more serious encroachment, absorbs the misdemeanor, and the procedural consequences provided for the trial of the person who committed the felony were applied. At present, there are no procedural differences between persons held accountable for felony and misdemeanor, therefore doctrines have lost their legal meaning in this part of the provision.

However, in modern American criminal law, the rule for qualifying crimes absorbed by law (Lesser included offense) that has come out of it has firmly settled. The essence of this rule is that the encroachment imputed to the indictment or the statement of the prosecution (the main encroachment), includes less serious encroachment (Lesser offense), as if absorbing them. At the same time, the main encroachment contains all elements of absorbed encroachment, plus some additional components. Accordingly, all elements of absorbed encroachment are in the main part of criminal encroachment. For example, a robbery absorbs simple theft, premeditated murder includes murder through negligence, etc. If the court finds out that there is not enough evidence that the defendants committed the main offense, then the person can be convicted of a swallowed crime. language, "enough evidence." At the same time, it does not matter which category of severity an absorbed assault belongs to - felony or misdemeanor.


Certificate of misdemeanor or felony.

According to the Criminal Code, a crime means misdemeanor or felony. In turn, felony is an encroachment for which a sentence of imprisonment for a term exceeding one year can be imposed, and a misdemeanor is defined as an encroachment for which a sentence of imprisonment from 15 days to one year can be imposed.


If someone did not understand something, I am not guilty. The fig itself did not understand this gibberish. Here, without a 0,5 liter, well, no how. Or maybe 1 / 2 brain doping is not enough.

Let's return to the sinful earth. What had to be:
-karderstvo and other cybercrime (punished for it in the US is very cruel - what is lower);
- illegal drug trafficking;
- drug smuggling in the USA;
- threats, effects on the psyche, etc .;
-contact;
-Well, think it out on the facts.


For only one drug in US federal criminal law, narcotic crimes are devoted to part X of the 13 chapter of the 21 title “Food and Drugs” (The rules stipulating liability for drug trafficking are partially contained in other titles - see, for example, 18 USC 1956 (a)). As well as the Drug Possession Penalty Act of 18, Art. 1963 Title 1986 USC and the Anti-drug Abuse Act of 21.

The Money Laundering Control Act of 1986 (Money Laundering Control Act) recognizes illegal participation in financial transactions aimed at facilitating specific illegal activities, including drug trafficking. According to this law, you can incur a fine of 500 thousand dollars or double the value of the property involved in the operation (depending on which of the amounts is more), or imprisonment for 20 years.

In the state of New Jersey in general, it is hard: in the car, it is POSSIBLE to transport alcohol only in closed form. In the closed (meaning in the form in which is sold in the store): a closed and sealed cover. Otherwise the protocol, the fine and a lot of trouble.



New York: if a policeman finds an open jar in your car, a bottle, or even a plastic cup with residual alcohol, you will be immediately arrested. Your sober state will not matter, because in New York there is Open Container Law, which prohibits the transportation of open alcoholic liquids in the cabin. If drugs or evidence of their use are found in your car (marijuana tar pipe, heroin cooking spoon, a rolled up bill for sniffing cocaine, etc.): driving license loss, large fine, jail sentence.

About serious drugs generally keep silence. See the famous "Wilkins vs. Maryland Police" case (the yelling of the DEA on the illegal traffic and transport of foolishness). Not New Jersey, but all is one. Drugs, like hacking, are a federal crime.

And then somehow everything is strange and suspicious. "Love-carrot" between the United States Department of State and Independent Ukraine?



Or again manifested two-faced anus Janus American justice?

Although the judges have of course peculiar:
An American judge from Oklahoma suspended from judicial duties for insulting the Constitution onanism. Someone Donald Thompson was caught at the scene of the crime: he masturbated enthusiastically right at the court sessions.
So there!

Alternative examples of the severity of the American Themis:
-Russian pilot Konstantin Yaroshenko, serving a 20-year jail term "for the transport of drugs" in the American prison of Fort Dix (New Jersey).
-kumir teenage girls Justin Bieber smoked marijuana on the plane (in his own private airplane). The border guards thought they smelled marijuana on board. After that, the test began.
A few hours of screening and interrogation. And then he will collapse.
-30 September 2015 of the year Russian programmer Dmitry Belorossov was sentenced by a court in Atlanta to 4,5 years in prison for cyber fraud.
- In early April 2013, the Federal District of Columbia court sentenced seven years and three months to the imprisonment of Russian citizen Vladislav Khorokhorin, also known as BadB, on charges of involvement in credit card fraud.
- Despite the ratification of the Council of Europe Convention on Cybercrime, the United States is seeking to further tighten the liability. Thus, it is proposed to impose a penalty of up to 20 years for embezzling intellectual property of US companies using information technology, and if an attacker penetrated the computer networks of the US infrastructure (television networks, power networks, transportation channels, water management systems), be sentenced to 30 years of imprisonment without parole.

In addition, in the United States, in determining the term of imprisonment, a system of simple arithmetic addition of punishments for various episodes in a common criminal act is in effect.In general, a hacker can get up to several hundred years in prison for cybercrime in the United States! A hacker may not be an American ...

Guided by its “United States International Strategy for Cyberspace” (2011), where other boundaries and sovereignties are not supposed, except the USA, are ready to punish for computer crimes citizens of any states, making their arrests outside their countries, on tourist or business trips - in any country of the world where the USA has a political opportunity.

It’s better not to be a hacker in the United States, it’s better not to fall under the rink of justice of the демократи most democratic country of the world ’; Better in Limpopo to sit on the bunk.

About drugs - do not be lazy, read here:
RESPONSIBILITY FOR THE UNLAWFUL TREATMENT OF DRUGS WITH FOREIGN LAWS. Authors: Shalagin A.E., Kabirov D.E. Journal Herald of the Kazan Law Institute of the Ministry of Internal Affairs of Russia Issue No. 3 / 201

Ps. Well, in general, all the rest of the "jokers" and carders should be borne in mind that jokes with Brian Krebs are bad.

Original sources and used documents and photographs:
With the consent of the editor Geektimes Anatoly Alizar (@alizar) on the basis of his article "The court sentenced the Ukrainian carder Mucha, who sent heroin Krebs 1 and called the police," 19.02.2017.
www.bbc.com
www.dnr24.info
www.drweb.ru
www.russian-bazaar.com
www.xoxol-xoxlovich.livejournal.com
www.russianlawyernewjersey.com
www.bibliotekar.ru
www.eurasialaw.ru
www.law.edu.ru
www.geektimes.ru
www.gordonua.com
www.ria.ru
www.pikabu.ru
www.politobzor.net
www.ussianlawyernewjersey.com
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  1. t00r
    t00r 28 February 2017 06: 45
    +2
    well, you’ve inflated everything out of an elephant’s fly if the evidence base is weak then go to a “bargain with justice” ... and usually when they have a weak evidence base they usually pickle not US citizens drag out the process ... there were cases when they came across the principal people who sat for nothing for 4 years and then they were released and deported to their country of residence ...

    what is allowed to jupiter is not given to the bull (s) ...
    1. opus
      28 February 2017 11: 28
      +1
      Quote: t00r
      if the evidence base is weak then go to a "deal with justice."

      tell this to guantanamo prison inmates

      minor Omar Khadr, a Canadian citizen — despite everything, the US government recognized Khadr as a prisoner of war and he spent 10 years in prison.

      =====================
      American lawyers care more the problem of building relationships with the judge, than a search for facts / evidence of lack of guilt of the client

      “There are two legal systems,” says Sen. Elizabeth Warren.
      - One for the rich and strong, the other for everyone else".
  2. Altona
    Altona 28 February 2017 08: 07
    +1
    In general, it’s a rather strange sentence, given that Mr. Vovnenko has committed so many crimes, not only one, but even with bots, but as part of a criminal group. And with such a bouquet of evidence, 40 years is successfully smeared with a 2-year with a short term.
    1. opus
      28 February 2017 11: 33
      +2
      Quote: Altona
      and even with bots,

      the bots were definitely sentenced to lengthy imprisonment.
      American justice accused PS (XML protocol), FTP, and a couple of other rooms of fraud and money laundering
  3. rotmistr60
    rotmistr60 28 February 2017 09: 12
    +4
    I will express myself figuratively. Themis's eyes are blindfolded so as not to see what she has done. And the scales for those who “give in the paw” - whose cup is lower (the load is heavier) is right.
  4. Altona
    Altona 28 February 2017 13: 06
    0
    Quote: opus
    the bots were definitely sentenced to lengthy imprisonment.

    ---------------------------
    By a criminal group, I generally meant the contingent of a hacker forum that helped him illegally acquire potent drugs. recourse
  5. Gormenghast
    Gormenghast 4 March 2017 08: 36
    +2
    I don’t think that even the wretched Obama fell to participating in the fate of some petty Ukrainian hacker. Most likely, there is a problem with the evidence.