Krebs: 'Men Who Sent SWAT Team, Heroin to My Home Sentenced' (krebsonsecurity.com)
An anonymous reader quotes KrebsOnSecurity:
On Thursday, a Ukrainian man who hatched a plan in 2013 to send heroin to my home and then call the cops when the drugs arrived was sentenced to 41 months in prison for unrelated cybercrime charges. Separately, a 19-year-old American who admitted to being part of a hacker group that sent a heavily-armed police force to my home in 2013 was sentenced to three years probation.
Sergey Vovnenko, a.k.a. "Fly," "Flycracker" and "MUXACC1," pleaded guilty last year to aggravated identity theft and conspiracy to commit wire fraud. Prosecutors said Vovnenko operated a network of more than 13,000 hacked computers, using them to harvest credit card numbers and other sensitive information... A judge in New Jersey sentenced Vovnenko to 41 months in prison, three years of supervised released and ordered him to pay restitution of $83,368.
Separately, a judge in Washington, D.C. handed down a sentence of three year's probation to Eric Taylor, a hacker probably better known by his handle "Cosmo the God." Taylor was among several men involved in making a false report to my local police department at the time about a supposed hostage situation at our Virginia home. In response, a heavily-armed police force surrounded my home and put me in handcuffs at gunpoint before the police realized it was all a dangerous hoax known as "swatting"... Taylor and his co-conspirators were able to dox so many celebrities and public officials because they hacked a Russian identity theft service called ssndob[dot]ru. That service in turn relied upon compromised user accounts at data broker giant LexisNexis to pull personal and financial data on millions of Americans.
Sergey Vovnenko, a.k.a. "Fly," "Flycracker" and "MUXACC1," pleaded guilty last year to aggravated identity theft and conspiracy to commit wire fraud. Prosecutors said Vovnenko operated a network of more than 13,000 hacked computers, using them to harvest credit card numbers and other sensitive information... A judge in New Jersey sentenced Vovnenko to 41 months in prison, three years of supervised released and ordered him to pay restitution of $83,368.
Separately, a judge in Washington, D.C. handed down a sentence of three year's probation to Eric Taylor, a hacker probably better known by his handle "Cosmo the God." Taylor was among several men involved in making a false report to my local police department at the time about a supposed hostage situation at our Virginia home. In response, a heavily-armed police force surrounded my home and put me in handcuffs at gunpoint before the police realized it was all a dangerous hoax known as "swatting"... Taylor and his co-conspirators were able to dox so many celebrities and public officials because they hacked a Russian identity theft service called ssndob[dot]ru. That service in turn relied upon compromised user accounts at data broker giant LexisNexis to pull personal and financial data on millions of Americans.
For what is essentially attempted murder?
I'm a good cook. I'm a fantastic eater. - Steven Brust
Cosmo the Cumbucket
Seriously, this sentence seems absurd. I thought "on a computer" was supposed to add orders of a magnitude to a sentence.
The world's burning. Moped Jesus spotted on I50. Details at 11.
Apparently, Krebs is like the rest of us. The judicial system doesn't care about him.
After the sentence is finished, the Ukrainian guy should be sent to Ukraine, maybe the most violent part of that war torn country. On the other hand, the Russian mafia may put him to use there. Oh, well.
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
The US needs to force phone companies to update the ancient VOIP protocols with some kind of security certificate/trust system to eliminate spoofed phone numbers and crack down on SWATing. In an act where Krebs or one of his family members could have been killed, this kind of behavior needs to be treated like attempted murder, not some prank. Even under the best of circumstances, the family pet is often killed by the SWAT team to avoid injury.
With a security cert system, the phone network would refuse to route any calls without a valid certificate, and valid certificates could be traced back to a credit card/drivers license/IP address all tied to that certificate number, as well as a physical device and it's actual IP. I am sure there are still ways to circumvent it, but it would be a good starting point, and would catch most of the script kiddies, which is where 90% of this SWATing comes from.
Fly by night shady companies that refuse to collect this information or programs of the same nature simply wouldn't be able to place calls at all. For the same reason that it should be illegal to protest with a mask concealing your face, it should be illegal to obscure/spoof your identity through the phone system, and attempting to do so in and of it'self should be a federal crime with heavy penalties (I am looking at you telemarketers).
If you disagree, please post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like
People who are charged with uploading songs, movies, and academic journals to the internet (with no financial gain to themselves) are threatened with decades of prison time and absurd financial penalties. These people deceive SWAT teams and recklessly endanger lives and get probation? Misplaced priorities, folks. The so-called swatters should receive more severe penalties, in my opinion.
Is a SWAT team was sent to kill someone for having some heroin. Is the really a proportional response?
So, the only illicit aspect of the "Russian identity theft service called ssndob[dot]ru" is the fact that it used compromised LexisNexis accounts to pull personal details from their gigantic database; rather than paying for access like a decent customer...
How supremely comforting.
The guy took a plea deal from the DA. The judge can only sentence for this lesser crime.
Only the State obtains its revenue by coercion. - Murray Rothbard
The offender wasn't *trying* to kill Krebs. So not attempted murder.
Krebs didn't die, so not manslaughter.
The offender did act in a way to create a dangerous situation with no regard for the fact that Krebs, other people in his home, or police officers could be seriously injured. That neatly matches the definition of "reckless endangerment".
Had someone actually died, it would match the definition of "depraved-heart murder", which is second-degree homicide in many states. Depraved-heart murder is killing someone through actions not actually *intended* to kill them, but by reckless disregard for their safety.
No where does it say what happened to the heroin.
It must have been something you assimilated. . . .
And now people like this are in charge of our elections.
You are welcome on my lawn.
OK, it may have been attempted murder .. he should have been given a harsher sentence if that was provable.
BUT ... why isn't anyone bothered by the fact that sending the SWAT team to the home of innocent people is deadly? Is there really no safe way to accomplish what SWAT does? no process improvement?
I agree it's an issue. The difference in penalties may be too great in many instances. There are of course a couple of reasons sentences are, and should be, different.
Keeping closest to the viewpoint you brought up, many things are dangerous. Heck, MOST things involve some risk. Consequences should fit the actual risk. Suppose I shoot off some fireworks in the middle of some soccer fields, full of short green, moist grass (which doesn't burn). Another person shoots off fireworks in their apartment complex. We've both committed the offense of shooting off fireworks within city limits. One of us was a much greater danger than the other. One method of measuring the actual danger posed is that my action did not in fact burn even a blade of grass, his action burned down an apartment building - with people in it. You can tell that his action truly could have killed people if it truly did kill people. Since my action actually did no harm, probably it wasn't really that dangerous.
If my brother has two or three drinks, you probably would never know it by having a conversation with him. Yet, his BAC is probably over 0.08%. My wife is the opposite. Three drinks and she'd probably wreck before she got out of the parking lot. The blood test doesn't measure the risk. What DOES demonstrate the degree of actual danger is if my wife actually plows through a crowd of people. Both drove over the limit - one drove without so much as running a red light, the other ran into people. Clearly, one is more of a danger to society than the other.
You mentioned murder vs attempted murder specifically. Buying a butcher knife with the intent to use it on someone is attempted murder (one can argue whether it *should* be, but it is). Someone who does that is a danger to society. Someone who actually stabs people to death, successfully, is clearly a greater danger.
Secondly, crime and punishment isn't all about the criminal, it's also about the victims (or potential victims). If somebody got plastered and ran over your child, after having been warned about the danger via a previous DWI charge, you'd probably want to kill the motherfucker who ran over your kid. As a society, we don't want parents, spouses, etc acting as judge, jury, and executioner, taking vengeance on the criminal - so we offer a better way. Victims can (hopefully) see justice done without taking justice into their own hands. If someone drives drunk and does *not* hurt anyone, you probably don't have the same urge to kill the motherfucker - society can see justice done with a lighter sentence if noone is harmed.
You might say "we shouldn't want justice, you shouldn't want to kill the motherfucker who ran over your kid." Perhaps so, perhaps not, but it's how we are. We can't "should" that away.
I can't wait to see what else happens to this piece of shit.
You're right, that would probably be "mere preparation" and therefore not attempted murder. Though as someone else pointed out, if TWO people go get the knife, there's conspiracy to commit murder.
Anyway, a very weak attempt is an attempt.
"Civil servant"? Yeah right, the moment you say something like that you'll have a boot in your neck.
"Trump!!", the new Godwin.
Break their fingers. Bat to hand style.
The thing is, the hostage is the only bargaining chip that the criminal has.
They won't automatically shoot the hostage at the slightest police apparition, that would be them losing they only hope for a way out.
They would rather *threat* to shoot, and try to see what they can leverage to try to save their asses.
But once the hostage is dead, they'd lose all mean for negociations.
So the most likely way the situation unfolds would be :
*bang* *bang* *bang* "This is the police. Open the door, we have a warrant"
*keeps door closed*
"Stay out of here! I have a hostage! If you entire I'll kill them! And find me a helicopter and enough fuel to Cuba, or I start to chop fingers!"
*police calls in reinforcement, negociators, etc. and tries to find a way out that minimizes losses*
As opposed to the SWAT approaches:
*over armed and under trained police* [Storms in]
[all starting shooting everywhere]
[high risk that the hostages get harmed during the mess]
"Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
By the way, a white man is several times more likely to be shot by a black man, than the other way around. It's not some 20-30% difference. It's several hundred percent more likely.
This is getting really off-topic, but that statement is ridiculously far off. Murder is quite well traced by the FBI, so let's take it as a proxy for shootings. The FBI has this nice table of 2013 statistics (other years would be broadly similar).
From the table we can see that there were 409 murders of whites by blacks. With a white population of roughly 200 million, that makes about 2 parts per million. We also see 189 murders of blacks by whites. With a black population of about 40 million, that makes just under 5 parts per million.
From this we see that a black person is about 2.5x more likely to be murdered by a white person than the other way around. That's the opposite of what you said.
Now, it is true that if you restrict to the cohort of actual crime victims, things look different. For example, given that a white person is one of the 3,000 murder victims , chances are about 14% that the murderer was black. In comparison, given that a black person was one of the 2,500 victims, chances are about 7.5% that the murderer was white.
Even viewing the statistics this way, we do not reach "several hundred percent", but rather 80%.
While a bogus 911 is a misdemeanor in the two states I checked (California and Texas), using a false name on a police report is a felony in California. That may apply. As you suggested, that would trigger the felony-murder rule.