Jeremy Hammond of LulzSec Pleads Guilty To Stratfor Attack
eldavojohn writes "After facing 30 years to life imprisonment and pleading not guilty to charges last year, Jeremy Hammond has pleaded guilty to his alleged involvement in Anonymous' hacking of Stratfor. The self proclaimed hacktivist member of LulzSec, who has compared his situation to that of the late Aaron Swartz, explained his reasoning in his plea: 'Today I pleaded guilty to one count of violating the Computer Fraud and Abuse Act. This was a very difficult decision. I hope this statement will explain my reasoning. I believe in the power of the truth. In keeping with that, I do not want to hide what I did or to shy away from my actions. This non-cooperating plea agreement frees me to tell the world what I did and why, without exposing any tactics or information to the government and without jeopardizing the lives and well-being of other activists on and offline. During the past 15 months I have been relatively quiet about the specifics of my case as I worked with my lawyers to review the discovery and figure out the best legal strategy. There were numerous problems with the government's case, including the credibility of FBI informant Hector Monsegur. However, because prosecutors stacked the charges with inflated damages figures, I was looking at a sentencing guideline range of over 30 years if I lost at trial. I have wonderful lawyers and an amazing community of people on the outside who support me. None of that changes the fact that I was likely to lose at trial. But, even if I was found not guilty at trial, the government claimed that there were eight other outstanding indictments against me from jurisdictions scattered throughout the country. If I had won this trial I would likely have been shipped across the country to face new but similar charges in a different district. The process might have repeated indefinitely. ... I did what I believe is right.'"
Charge someone that you know is guilty of one thing with a ridiculous array of charges that you know he is not guilty of, on the chance that he'll take your plea "deal" and avoid the possibility of being convicted (wrongly) on the BS charges.
Sounds rather like patent trolling.
" the government claimed that there were eight other outstanding indictments against me from jurisdictions scattered throughout the country"
How can they claim this without giving the person a list?
The more I read about what these guys were doing--and I mean the stuff they've admitted to, not just been accused of--the more I think they are getting what they deserve. Breaking into someone's network to get at information that the public should know is political. Breaking into someones network and racking up charges on personal credit card numbers is criminal. They're like the idiots that smash store windows during street protests.
Unlike the LulzSec crew, Swartz was not politically motivated and did not do anything "black hat". Comparing the two sets of CFAA charges are like comparing someone who got a speeding ticket to someone who got a DUI, since they're both moving violations.
I do have to point out that his statement is rather blatently self-justification and self-serving. Yes, indeed, he sounds like a sweet-well intentioned innocent, and the evil government is the villain, when he tells the story.
I wonder when Stratfor is going to be prosecuted for engaging in corporate espionage? Never, because most Fortune 500 companies and government intelligence agencies rely on this private corporation to know what is going on in the world. Can we say "too big to fail?"
sudo make me a sandwich
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So, inflating charges is one thing, but I guess I have a much bigger problem with the idea that the government can buffer some of the inflated charges for later and keep you in a state of permanently accused and tried. I've heard of this for serial killers, where they only bring 1/2 of the cases in one block in case they don't get the conviction or the convict is released at a later date. I have no clue how you address this, but it sounds like a horrible precedent. A really unscrupulous DA could trickle out charges one at a time and keep you in court for life for all kinds of offenses.
Slightly OT, but I just watched a movie called American Violet about disreputable DAs in Texas who were piling on charges with sometimes innocent poor people, getting them to plead out under the threat of YEARS in prison, then collecting money from the Feds for successful drug convictions.
I swear to God...I swear to God! That is NOT how you treat your human!
As others have said, if a lot of the charges were indeed bogus, a defense attorney should have been able to get them thrown out.
If they are bogus they should not be there in the first place, according to a thousand years of western law it is not ok to throw "bogus" legal obstacles and distractions at the (presumed innocent) defendant.
A significant part of the problem is that (US) prosecutors are judged by the number of convictions they obtain rather than the quality of the charges they lay. When implemented this becomes pile up 10 charges, plea bargain guilty for one, bingo another brownie point on the prosecutors score card, collect enough points and you are moved up a rung on the judicial career ladder..
The US simply takes plea bargaining to the extreme and turns it into plea bulling, in the same way Fred Phelps takes free speech to the extreme and turns it into harassment. Other nations seem to be able to (largely) avoid plea bullying whilst still leaving the option of a plea bargain open to the defendant.
US law is firmly rooted in English common law and yet a random person in the UK (or indeed all of the EU) is ~7X less likely to be incarcerated, and the figures don't look that much better when comparing the US to China. The main reason for the imbalance is that the US has 500K prisoners from the drug war alone, the EU with nearly twice the population has a total of 600K prisoners for ALL crimes.
There is no sane explanation for these glaring differences other than "culture".
And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.