|
|
INTRODUCTION
The likelihood of getting arrested for computer hacking has increased to an
unprecedented level. No matter how precautionary or sage you are, you're
bound to make mistakes. And the fact of the matter is if you have trusted
anyone else with the know ledge of what you are involved in, you have made
your first mistake.
For anyone active in hacking I cannot begin to stress the importance of the
information contained in this file. To those who have just been arrested by
the Feds, reading this file could mean the difference between a three-year
or a one-year sentence. To those who have never been busted, reading this
file will likely change the way you hack, or stop you from hacking altogether.
I realize my previous statements are somewhat lofty, but in the 35 months I
spent incarcerated I've heard countless inmates say it: "If I knew then
what I know now." I doubt that anyone would disagree: The criminal justice
system is a game to be played, both by prosecution and defense. And if you
have to be a player, you would be wise to learn the rules of engagement.
The writer and contributors of this file have learned the hard way. As a
result we turned our hacking skills during the times of our incarceration
towards the study of criminal law and, ultimately, survival. Having filed
our own motions, written our own briefs and endured life in prison, we now
pass this
knowledge back to the hacker community. Learn from our experiences... and
our mistakes.
Agent Steal
PART I - FEDERAL CRIMINAL LAW
A. THE BOTTOM LINE - RELEVANT CONDUCT
For those of you with a short G-phile attention span I'm going to cover the
single most important topic first. This is probably the most substantial
misunderstanding of the present criminal justice system. The subject I am
talking about is referred to in legal circles as "relevant conduct." It's a
bit complex and I will get into this. However, I have to make his crystal
clear so that it will stick in your heads. It boils down to two concepts:
I. ONCE YOU ARE FOUND GUILTY OF EVEN ONE COUNT, EVERY COUNT WILL BE USED
TO CALCULATE YOUR SENTENCE
Regardless of whether you plea bargain to one count or 100, your sentence
will be the same. This is assuming we are talking about hacking, code
abuse, carding, computer trespass, property theft, etc. All of these are
treated the same. Other crimes you committed (but were not charged with)
will also be used to calculate your sentence. You do not have to be proven
guilty of every act. As long as it appears that you were responsible, or
someone says you were, then it can be used against you. I know this sounds
insane , but it's true; it's the preponderance of evidence standard for
relevant conduct. This practice includes using illegally seized evidence
and acquittals as information in increasing the length of your sentence.
II. YOUR SENTENCE WILL BE BASED ON THE TOTAL MONETARY LOSS
The Feds use a sentencing table to calculate your sentence. It's simple;
More Money = More Time. It doesn't matter if you tried to break in 10 times
or 10,000 times. Each one could be a count but it's the loss that matters.
And an unsuccessful attempt is treated the same as a completed crime. It
also doesn't matter if you tried to break into one company's computer or
10. The government will quite simply add all of the estimated loss figures
up, and then refer to the sentencing table. |
|