Karder and the son of the deputy Roman Seleznev said that since 2008 he worked under the protection of the FSB
Recently, the case of Roman Seleznev, a major Russian carder from Vladivostok, known under the names of nCuX, 2pac, Track2, Bulba, etc., has become widely publicized.On April 21, 2017, the Seattle court convicted Roman of 30 years in prison (27 years plus three years that he had already served). In other states, the process of the case of Roman has not yet begun, there he could face life imprisonment under the RICO law .
The main points of the case are known to everyone, including from the confessions of Roman himself. He has been selling dumps for a very long time, and is involved in the largest hacking of the Target, Neiman Marcus, Michaels, Staples and Home Depot chain stores, where dump trojans were installed directly on cash registers and PoS terminals . Father - State Duma deputy Valery Seleznev, and Roman himself was badly hurt during the terrorist attack in Marrakech in 2011, after which his wife ran away with all the money. The guy was detained in the Maldives, at the time of his arrest Interpol promptly put him on the wanted list (with a “red notice”). Carder’s father then demanded that Russia impose sanctions on the Maldives.
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For all the tinsel among the hundreds of court documents in the case of Roman Seleznev, there are some details that may seem interesting to the general understanding of the picture of how carding lives in Russia and the entire cybercrime world in general.
Unfortunately, we haven’t yet managed to get a complete set of documents from the PACER electronic database on the case of Roman Seleznev (case 2: 11-cr-00070-RAJ), which needs more than a thousand dollars at a service price. But colleagues have already pulled out the most basic documents from PACER, and colleague Andrey Sporaw laid out in open access and commented . Here are some of them:
- Memorandum on sentencing (Sentencing Memorandum), registered 04/04/2017, document 464 in case 2: 11-cr-00070-RAJ
- Annex to the Memorandum on sentencing, registered on 17.04.2017, document 467
- Memorandum on sentencing by the defense dated 04.14.2017, document 466
- Letter of acknowledgment dated April 10, 2017, document 463
- Please classify (edit) parts of the letter with confessions (Defendant's Motion to Seal), 04/03/2017, document 458
- Translations of conversations on the phone of prisoner Roman Seleznev with his father on how to postpone the hearings for the longest possible period of time, in order to use "Uncle Andrei's version". Father offered to pretend to be sick or stop communicating with lawyers, 09/25/2015, document 185-1
- Testimony of the search results for Hop1 server and 2Pac server, 04.17.2017, document 467-1
- Damage claims for victims with amounts of damages (Victim Restitution Amounts per Victim Financial Loss Restitution Statements), 14.4.2017, document 464-1
- Notice of the transfer of a document disc to the court (United States' Notice of Filing Paper Materials with the Clerk), 14.4.2017, document 465
- Transcript of the interrogation of a witness about the reliability of the amounts of damage caused to 3715 banks (WOOD - Cross), 14.4.2017, document 466-1
- Letter to Roman Seleznev from the King of Morocco Mohammed VI of 2011 expressing condolences after the terrorist attack in Marrakesh, 04/14/2017, document 466-2
- Extract from the case history of 2011 from the Federal Medical Biophysical Center. AI Burnazyan in Moscow, 14.4.2017, document 466-3
- Certificate of hospitalization from the prison hospital dated 05.29.2015, where the patient was prescribed Elavil, 14.4.2017, document 466-4
- The discharge report from the Center for Speech Pathology and Neurorehabilitation, Moscow, dated 2011, 14.4.2017, document 466-5
- Inspection of a gastroenterologist-hepatologist from 03.20.2012 g from the medical center "MedElit", Moscow, 14.4.2017, document 466-6
Of particular interest are some of the facts mentioned in the memorandum of sentencing. It turns out that the Americans in 2009 found that Roman Seleznev was hiding behind an online character under the nCuX nickname. On May 19, 2009, a meeting took place between agents of the United States Secret Service, the FBI, and their colleagues from the FSB in Moscow, where they presented “substantial evidence” of the suspect's hacker activities, including carding and other crimes. The Americans told FSB colleagues about the suspect's online nicknames and information about the real identity of Roman Seleznev, a resident of Vladivostok. But the attempt of international cooperation failed. According to the documents, “just a month later, on June 21, 2009, nCuX informed his accomplices in numerous underground forums that he was going out of business. Soon after that, nCuX completely disappeared from the Internet. ” After that, he created new online personalities Track2 and Bulba.
One might think that in this case there is a fact of cooperation between the FSB and the criminal world of cybercrime, which experts have long been talking about .
It is possible that it is. In the documents of the investigation, it is noted that information about the actions of US law enforcement agencies "was brought to Seleznev." Apparently, he had his own contacts in the FSB. The investigation records mention an exchange of messages between Roman and his accomplice from 2008, where Roman says that he " received protection through law enforcement contacts in the department for combating computer crime of the FSB ."
In 2010, Roman told another accomplice that the FSB knows his real name and works with the FBI. American intelligence agencies feared that because of the impossibility of Roman's extradition from Russian territory (this is prohibited by the Constitution of the Russian Federation), this criminal could remain unpunished forever, because he enjoys the protection of law enforcement agencies and the FSB in Russia.
Therefore, a special operation in the Maldives was the only chance. Although Roman was always checking American PACER records, he watched the investigation against him and did not travel around countries where there was a risk of being "under the hood." He flew only to where the Americans, in his opinion, could not get him, but here he still miscalculated. The Americans agreed with the law enforcement agencies of the Maldives and issued a detention five minutes before their flight to Moscow, when Roman at the airport formally went abroad the Maldives and gave the passport to the airport employee.
Among the funds confiscated from him are Liberty Reserve coins worth about $ 17 million. Roman sold dumps primarily for LR. The investigation found that he had sold all the dumps for LR in the amount of $ 17,886,971.09. The investigation failed to establish how much money Seleznev had on the Bitcoin and WebMoney wallets, for which he also accepted the payment, due to the anonymity of these systems. It is likely that after his release, Roman will gain access to these wallets.
Interestingly, during his imprisonment, Roman initially refused to cooperate, but then changed his mind and repeatedly offered his services and tried to provide valuable information. He managed to achieve a meeting where he revealed to the authorities the identities of many participants of card forums from 2005 to 2014, but the Secret Service refused to cooperate, because most of this information was already known to her. In addition, Roman made some statements that were deliberately false, which nullified the value of cooperation.
If you did not read the comment to the previous article from the SBKarr user, then we repeat once again, where did 30 years of charges come from for Roman Seleznev:
For those who are 30 years old
The lord is charged with 40 episodes of criminal activity (felony), 38 of them are related to hacking. In US law, episodes are grouped, after which each group is either summarized or absorbed the most. The largest group is presented as punishment. In addition, there are crimes that are not grouped and are certainly summed up by the final date.
In the judgment, the episodes are grouped as follows (I will try to translate in a manner that roughly corresponds to our legal terminology:
As a result, we take the maximum term - 336 months. They are added 24 months for points 39 and 40 (giving knowingly false testimony). We get 360 months, or 30 years.
Paragraphs 11 and 20, apparently, relate to the organization of criminal activity, and the jury decided that they were not proven.
Now about some interesting things.
In addition to this system, the United States has developed a special assessment table, which allows formalizing the aggravating parameters, and increasing the term in proportion to the severity. For Seleznev, the table takes into account, for example, the following items:
According to this table, the prosecution should have recommended a life sentence, but the use of such “modifiers” is permissible only in certain cases, for example, if the case falls under the RICO Act. And to prove RICO is quite expensive, and not at all a fact. that the organization of Seleznyov fits it. Therefore, “modifiers” were not used.
All the more surprising is the fact that these calculations are in prison because, according to American laws, they are irrelevant to the case and should have been removed and excluded from the testimony for the jury. In my personal opinion, this is evidence of unskilled legal assistance provided to a citizen of the Russian Federation, for such calculations clearly set up a jury against the defendant.
In the verdict you can see the strangeness, in the description of the groups of episodes, it says:
That is, the punishment for episodes should be served together with other episodes, and together with other groups of episodes. If you think about it, this means that for 1 episode Wire Froud give 28 (!) Years. This incident is a historical feature of the United States. Fraud with the use of federal communications (mail, communications operators) and financial (banks) institutions is a particularly serious crime in the United States.
The proposed prosecution scheme is interesting, according to which the accusation against Seleznev was prepared in several states at once, and the episodes were distributed among all. At least two states were preparing to file charges on the aforementioned RICO Act, demanding life imprisonment. The interesting thing is this: in any legal country no one can be convicted of the same crime twice, but in the USA a person can be convicted of the same crime several times in different states, if the charges do not coincide completely in the episodes. That is, it is worth replacing one episode with one for which the accusation was not advanced - and the new process in another state is ready. In the case of Seleznyov, there are a lot of episodes.
In the judgment, the episodes are grouped as follows (I will try to translate in a manner that roughly corresponds to our legal terminology:
- 1-10 - Wire Fraud Fraud - 336 months
- 12-19 - Intentionally causing damage to electronic computing devices that perform important operational functions (Intentional Damage to a Protected Computer) in conjunction with
- 21-29 - Obtaining Information from a Protected Computer - 60 months
- 30-38 - Illegal access to devices (Access Device Fraud) - 120 months
As a result, we take the maximum term - 336 months. They are added 24 months for points 39 and 40 (giving knowingly false testimony). We get 360 months, or 30 years.
Paragraphs 11 and 20, apparently, relate to the organization of criminal activity, and the jury decided that they were not proven.
Now about some interesting things.
In addition to this system, the United States has developed a special assessment table, which allows formalizing the aggravating parameters, and increasing the term in proportion to the severity. For Seleznev, the table takes into account, for example, the following items:
- Loss in excess of $ 550 million - total financial losses exceed 550 million
10 or more victims - more than 10 victims - Scheme committed from outside the US - offense committed from outside the US
- Organizer / leader - the defendant is the leader of a criminal organization
- Obstruction of justice - the defendant impeded the administration of justice
According to this table, the prosecution should have recommended a life sentence, but the use of such “modifiers” is permissible only in certain cases, for example, if the case falls under the RICO Act. And to prove RICO is quite expensive, and not at all a fact. that the organization of Seleznyov fits it. Therefore, “modifiers” were not used.
All the more surprising is the fact that these calculations are in prison because, according to American laws, they are irrelevant to the case and should have been removed and excluded from the testimony for the jury. In my personal opinion, this is evidence of unskilled legal assistance provided to a citizen of the Russian Federation, for such calculations clearly set up a jury against the defendant.
In the verdict you can see the strangeness, in the description of the groups of episodes, it says:
for each of the counts 1-10 (Wire Fraud), can be billed 39 and 40
That is, the punishment for episodes should be served together with other episodes, and together with other groups of episodes. If you think about it, this means that for 1 episode Wire Froud give 28 (!) Years. This incident is a historical feature of the United States. Fraud with the use of federal communications (mail, communications operators) and financial (banks) institutions is a particularly serious crime in the United States.
The proposed prosecution scheme is interesting, according to which the accusation against Seleznev was prepared in several states at once, and the episodes were distributed among all. At least two states were preparing to file charges on the aforementioned RICO Act, demanding life imprisonment. The interesting thing is this: in any legal country no one can be convicted of the same crime twice, but in the USA a person can be convicted of the same crime several times in different states, if the charges do not coincide completely in the episodes. That is, it is worth replacing one episode with one for which the accusation was not advanced - and the new process in another state is ready. In the case of Seleznyov, there are a lot of episodes.
Source: https://habr.com/ru/post/403425/
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