Case Law Database

Counterfeiting

Offences

• Counterfeiting of currency

Cybercrime

Computer-related acts for personal or financial gain

• Fraud

Other Offences

• Trading in narcotic drugs

Keywords

• Electronic Evidence

Drug offences

Offences

• Purchase/ possession
• Offering/ offering for sale/ sale/ brokerage

Substances Involved

• Amphetamine
• Cocaine
• THC
• Ecstasy

Keywords

• Illicit traffic(king)(-offence)
• Trade and Distribution Offences

LG Duisburg, Urteil vom 05.04.2017, 33 KLs - 111 Js 32/16 - 8/16

Fact Summary

This case concerns the proceedings of six defendants involved in trafficking illegal goods online. Two so-called Underground Economy forums (UE-forums), d.cc and g.me, were established for the purpose of selling/purchasing illegal goods and exchanging information that could subsequently be used for committing criminal offences. The illegal goods and data available for sale on the forum mainly included drugs, false documents, counterfeit money, and stolen personal data. The forums were accessible by conventional browsers via the Clearnet and could be found using popular search engines. In addition, the forums were accessible by a number of special browsers, such as the TOR-browser, via the darknet.

In order to register for the forums, users had to provide an e-mail address and username on the platform and then contact N2 to activate the accounts. In addition to hosting advertisements for illicit goods, both forums provided a platform to exchange information with other users on topics such as anonymization and ways to protect against law enforcement detection and the dissemination of malware. Due to mistrust between the anonymous users, some of the transactions in the forums were concluded via an escrow service for a fee.

H., G., and X. had leadership roles on the UEforums. Defendant H. was responsible for the technical aspects of the forums, such as maintaining servers and the security of the forums. He held the positions of administrator, moderator, and trustee, who received fees paid by users of the escrow service. Defendant G. held the position of moderator and was responsible for checking the compliance of users' postings with forum rules and sanctioning users where necessary. He further acted as a trustee for three transactions, sold official documents in one case, and acquired counterfeit money twice. Defendant X. held the position of “super moderator” and mainly provided technical support (e.g., the establishment and maintenance of the technical infrastructure of one of the forums). He also created a “scene guide” which provided users with tips on committing criminal offences as well as information on how to avoid identification by law enforcement officers. The defendant was further involved in the establishment and maintenance of the technical infrastructure of one of the forums, g.me. These defendants did not know each other in person but were in close contact for organizational purposes and communicated through areas of the forums that were only accessible to members in leadership positions and through various other encrypted messenger services.

These defendants were charged and convicted for computer fraud (H.), attempted computer fraud (H.), illegally acquiring narcotic drugs (X.), aiding and abetting illicit trading in narcotic drugs in quantities which are not small (G., H., and X.), aiding and abetting illicit trading in narcotic drugs (G., H. and X.), aiding and abetting counterfeiting of money (G., H. and X.), aiding and abetting procurement of false official identity documents (G., H. and X.), and counterfeiting of money (G.). The court sentenced H. to 21 months’ imprisonment, G. to 12 months’ imprisonment, and X. to 14 months’ imprisonment for their crimes. The creator of the UEG forums and several other persons were also charged and convicted for crimes relating to the forums in separate trials.

Sentence Date:
2017-04-05
Author:
This case summary was prepared by UNODC. This case summary has not been shared by official sources of the Federal Republic of Germany.

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)
• participant, facilitator, accessory

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Investigation Procedure

Confiscation and Seizure

Seized Property

In the end of 2015, law enforcement was able to identify the servers of the two remaining platforms. The servers had been hidden via cloudflare and partially placed abroad. In the end of February 2016, the servers were seized.

 

Electronic Evidence

• Electronic Evidence/Digital Evidence

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 
 
Proceeding #1:
  • Stage:
    first trial
  • Official Case Reference:
    LG Duisburg, Urteil vom 05.04.2017, 33 KLs - 111 Js 32/16 - 8/16
  • Decision Date:
    Wed Apr 05 00:00:00 CEST 2017

    Court

    Court Title

    Landgericht Duisburg

    Please note that decisions of courts of the federal states are not directly binding nationwide.

     

    Location

  • City/Town:
    Duisburg
  • Province:
    Nordrhein-Westfalen
  • • Criminal

    Description

    The court mostly dealt with establishing the factual background by interviewing the defendants and witnesses. All defendants gave detailed testimonies and confessed to most charges.

    The court further examined the element of intent, especially with regards to the charges of aiding and abetting. The court found that in order for the element of intent to be fulfilled regarding the aiding and abetting of criminal offences, the defendant did not have to have specific knowledge of the time or place of the offence. The element of intent is fulfilled if the accessory knew the essential features of the offence and was aware that the action in question would facilitate the plans of the principal offender. The court found this to be the case since the whole purpose of the forum was the facilitation and initiation of illicit transactions, a fact known by the defendants. The court further added that an accessory does not need to have interest in the illicit transactions.

    The court applied juvenile criminal law to the defendants I., sentencing him to four years and nine months in prison, H., sentencing him to one year and nine months (suspended sentence), and G., sentencing him to one year (suspended sentence).The defendants N. and P. were both sentenced to three years in prison each. The defendant X. was sentenced to one year and two months (suspended sentence).

     

    Defendants / Respondents in the first instance

    Defendant:
    I.
    Gender:
    Male
    Nationality:
    Syrian

    The defendant is the younger brother of the defendant N. and the youngest of six children, four of which are girls. The parents of the defendant came from Syria and fled to Germany twenty years ago. The family was housed in refugee centres for several years. The father had studied and worked as a teacher in Syria but his education was not recognized in Germany. The mother worked as well. Shortly after the family’s arrival in Germany, the defendant was born in Oldenburg but received the Syrian citizenship. The parenting style of the family was strict and conservative including corporal punishments. The father further physically assaulted the mother, which led to their separation when the defendant was 15, after which the children, together with the mother, were housed in a separate centre. After one year, the family was brought back together. The school days of the defendant were characterised by regular relocations so that bonds to children of the same age were hardly possible. Due to bad performance and rule-breaking, the defendant was expelled from school in the ninth class. At the time of the proceedings, the defendant attended evening courses to obtain his leaving certificate. The defendant did not have a regular income. He did not consume drugs, have any health problems nor prior convictions. He was arrested on 23 February 2016.

    Defendant:
    N.
    Gender:
    Male
    Nationality:
    Syrian

    The defendant is the older brother of the defendant I. He lived with his family in Syria until he was ten. He arrived in Germany as an asylum seeker in 1996. The defendant only received a permit in 2010 when his first daughter was born. Until then the defendant was able to stay due to a temporary suspension of deportation. He had two further children with his partner at the time of the proceedings, one of which was born after he was arrested. The defendant was only able to look for a job after receiving his permit. He had several jobs at temporary work agencies and ventured into self-employment with numerous businesses mainly in the gastronomy sector, none of which were profitable. He had EUR 10.000,00 in debts. He did not consume drugs, nor have any health issues. The defendant was previously convicted five times for fraud in a total of six cases as well as of insult in conjunction with attempted coercion.

    Defendant:
    P.
    Gender:
    Male

    At the time of the proceedings, the defendant lived with his parent and three brothers. Due to a malformation of his left foot, lower leg and knee, he had a walking impediment and has been wearing a prosthesis since he was five. Otherwise, the defendant did not have known health issues. During his apprenticeship to become an office clerk, the defendant started selling gaming consoles via the internet. By reference of a friend, the defendant registered on the forum “A-Network” and was introduced into the scene through forum contacts. He started by selling illicitly obtained login-data that were subsequently used to fraudulently order items online. Via the forum “D2”, the defendant met I., who made online drug trafficking attractive. From 23 February to 10 March 2016, the defendant was in pretrial detention. Afterwards, he successfully completed his apprenticeship. Subsequently, he started working at the company he trained with and helped at his father’s landscaping business. He had tried drugs before but did not take them regularly. A proceeding charging the defendant with theft was closed without conviction.

    Defendant:
    H.
    Gender:
    Male
    Age:
    23

    The defendant was born in Russia and moved to Germany when he was one year old. He was the second of three children and lived with his parents and younger sister at the time of the proceedings. His upbringing was strict and included corporal punishments. The defendant was mobbed in primary school due to his origin and his family’s weaker financial state. He did not have any such problem in secondary school. After middle school, the defendant started an apprenticeship to become an IT specialist, which he terminated after four months. In the following years, he remained unemployed during which time he suffered from depressions and was treated in a psychiatric clinic after a suicide attempt in March 2014. A year later, the defendant started another apprenticeship to become an IT specialist at a different company. At that time, he had a large friend group of eighteen people, most of which were younger than him, as well as a girlfriend. He was introduced to the “Underground Economy” scene through contacts he obtained as a technical administrator of the forum “X”. The defendant did not consume drugs or have prior convictions.

    Defendant:
    G.
    Gender:
    Male

    The defendant spent the first two years of his life in Poland. His family, including his three brothers, and him moved to Germany in 1996. Living with his family was characterized by the massive alcohol consumption by his father and regular fights between his cohabiting but separated parents. The defendant did not receive any support or recognition for his success in school and did not have a good relationship to his parents. After successfully completing middle school, the defendant began a training to become an IT assistant at a vocational school. He was, however, not able to graduate from there due to the difficult family situation. He was only able to complete (another vocational) school at a later point in time. Shortly after, he accepted an apprenticeship at a computer firm, where he suffered from psychosomatic complaints due to a lack of instructions. He left the position on 23 August 2016 and accepted another trainee position at a different firm. The defendant was not very sociable and did not have close friends. He spent most of his free time in front of the computer. He was introduced to “Underground Economy” as a result of his activities on other forums, where he created trial access to share with other users free of charge. When this was no longer possible, he thought of creating his own forum. No prior convictions were known.

    Defendant:
    X.
    Gender:
    Male

    The defendant was born prematurely suffering from blood poisoning. When he was four years old, the defendant moved to France together with his parents, where he spent his childhood. He did not get along with children of the same age and was mobbed in school. He was introduced to a forum on computer games, which awoke his interest in the technical aspects of such forums. Hence, he was given moderator positions on different forums and quickly came into contact with the “Underground Economy” forums concerned in this case. He later started an apprenticeship in IT and distanced himself from the forums. The apprenticeship was, however, terminated by his employers, resulting in his return to the “Underground Economy”. Eventually, he was contacted by N2 and recruited for d.cc and g.me. Before the proceedings, the defendant resumed his apprenticeship. The defendant consumed unknown amounts of cannabis regularly as well as extasy occasionally. He suffered from meningitis in the seventh and eighth grade but there were no long-term consequences. There have not been any prior convictions.

    Charges / Claims / Decisions

    Defendant:
    I.
    Legislation / Statute / Code:

    §§ 29 para. 1 sentence 1 no. 1, 29a para. 1 no. 2 BtMG

    Charge details:

    Illicitly trading in narcotic drugs in quantities which are not small (34 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    §§ 29 para. 1 sentence 1 no. 1, 29 para. 3 sentence 2 no. 1 BtMG

    Charge details:

    Illicitly trading in narcotic drugs on a commercial basis (40 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    § 29 para. 1 sentence 1 no. 1 BtMG

    Charge details:

    Illicitly supplying narcotic drugs (5 counts)

    Verdict:
    Guilty
    Term of Imprisonment:
    4 years 9 Months
    Defendant:
    N.
    Legislation / Statute / Code:

    §§ 29 para. 1 sentence 1 no. 1, 29a para. 1 no. 2 BtMG, 27 StGB

    Charge details:

    Aiding and abetting illicitly trading in narcotic drugs in quantities which are not small (2 counts)

    Of the two counts under this charge, one was in conjunction with possession of narcotic drugs in quantities which are not small pursuant to §§ 29 para. 1 sentence 1 no. 3, 29a para. 1 no. 2 BtMG.

    Verdict:
    Guilty
    Term of Imprisonment:
    3 years
    Defendant:
    P.
    Legislation / Statute / Code:

    §§ 29 para. 1 sentence 1 no. 1, 29a para. 1 no. 2 BtMG

    Charge details:

    Illicitly trading in narcotic drugs in quantities which are not small (31 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    §§ 29 para. 1 sentence 1 no. 1, 29 para. 3 sentence 2 no. 1 BtMG

    Charge details:

    Illicitly trading in narcotic drugs on a commercial basis (41 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    § 29 para. 1 sentence 1 no. 1 BtMG

    Charge details:

    Illicitly supplying narcotic drugs (5 counts)

    Verdict:
    Guilty
    Term of Imprisonment:
    3 years
    Defendant:
    H.
    Legislation / Statute / Code:

    §§ 263a para. 1, para. 2, 263 para. 3 sentence 2 no. 1 StGB

    Charge details:

    Computer fraud (8 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    §§ 263a para. 1, para. 2, 263 para. 3 sentence 2 no. 1, 22, 23 StGB

    Charge details:

    Attempted computer fraud (2 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    §§ 29 para. 1 sentence 1 no. 1, 29a para. 1 no. 2 BtMG

    Charge details:

    Aiding and abetting illicitly trading in narcotic drugs in quantities which are not small (12 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    § 29 para. 1 sentence 1 no. 1 BtMG

    Charge details:

    Aiding and abetting illicitly trading in narcotic drugs (62 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    § 146 para. 1 no. 2 StGB

    Charge details:

    Aiding and abetting counterfeiting of money (17 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    § 276 para. 1 no. 2 StGB

    Charge details:

    Aiding and abetting procurement of false official identity documents (11 counts)

    Verdict:
    Guilty
    Term of Imprisonment:
    1 year 9 Months

    The above is a suspended sentence.

    Defendant:
    G.
    Legislation / Statute / Code:

    § 146 para. 1 no. 2 StGB

    Charge details:

    Counterfeiting of money (2 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    §§ 29 para. 1 sentence 1 no. 1, 29a para. 1 no. 2 BtMG

    Charge details:

    Aiding and abetting illicitly trading in narcotic drugs in quantities which are not small (12 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    § 29 para. 1 sentence 1 no. 1 BtMG

    Charge details:

    Aiding and abetting illicitly trading in narcotic drugs (65 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    § 146 para. 1 no. 2 StGB

    Charge details:

    Aiding and abetting counterfeiting of money (17 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    § 276 para. 1 no. 2 StGB

    Charge details:

    Aiding and abetting procurement of false official identity documents (11 counts)

    Verdict:
    Guilty
    Term of Imprisonment:
    1 year

    The above is a suspended sentence.

    Defendant:
    X.
    Legislation / Statute / Code:

    § 29 para. 1 sentence 1 no. 1 BtMG

    Charge details:

    Illicitly acquiring narcotic drugs (1 count)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    §§ 29 para. 1 sentence 1 no. 1, 29a para. 1 no. 2 BtMG

    Charge details:

    Aiding and abetting illicitly trading in narcotic drugs in quantities which are not small (11 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    § 29 para. 1 sentence 1 no. 1 BtMG

    Charge details:

    Aiding and abetting illicitly trading in narcotic drugs (38 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    § 146 para. 1 no. 2 StGB

    Charge details:

    Aiding and abetting counterfeiting of money (13 counts)

    Verdict:
    Guilty
    Legislation / Statute / Code:

    § 276 para. 1 no. 2 StGB

    Charge details:

    Aiding and abetting procurement of false official identity documents (8 counts)

    Verdict:
    Guilty
    Term of Imprisonment:
    1 year 2 Months

    The above is a suspended sentence.

    Court

    Landgericht Duisburg

    Sources / Citations

    LG Duisburg, Urteil vom 05.04.2017, 33 KLs - 111 Js 32/16 - 8/16