Case Law Database

Cybercrime

Acts against the Confidentiality, Integrity and Availability of Computer, Data and Systems

• Illegal access to a computer system
• Illegal access of computer data
• Production/ distribution/ possession of computer misuse tools
• Illegal data/ system interference

Computer-related acts for personal or financial gain

• Fraud

Participation in an organized criminal group

Organized cybercrime case 2004

Fact Summary

An organized criminal group consisting of Russian and Kazakh nationals extorted money from foreign companies between 2003 and 2004. The suspects attacked servers of the corporate victims and demanded the payment of thousands of US dollars in return for stopping attacking such servers.

The suspects infected several computers by using malware unbeknown to the computers' owners. Such malware allowed the suspects to create a network of infected computers from which they were able to launch distributed denials of service (DDoS) attacks. A DDoS attack entails the simultaneous sending of a large number of requests to a computer server. When the number of requests exceeds the server's capacity, the server stops working.

The criminal group had an organized structure. A.A.P. was in charge of handling the network of infected computers and making it available when the group wanted to launch a DDoS attack. I.V. was in charge of writing malware intended to launch DDoS attacks, with a special function that enabled the suspects to gain control over the infected computer by exploiting a weakness of Windows.

The suspects used a number of techniques to conceal their illegal activities. They used various anonymous proxy servers and virtual private network (VPN) services as well as various anonymous mail servers in order to conceal or change their real IP addresses. They also used fake names to create new email accounts.

The members of the criminal organization developed a strategy to transfer the money extorted from the companies they attacked, using existing international payment networks such as Western Union, Webmoney and Avtobank-Nikoil. To avoid disclosing their identities, the suspects requested the corporate victims to send the payments to individuals residing in the Republic of Latvia. Such individuals subsequently transferred the funds to the Russian Federation.
One of the corporate victims refused to pay and reported the facts to law enforcement. This report triggered the investigation that led to the arrest of the suspects.

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

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

Involved Countries

Russian Federation

Investigation Procedure

Involved Agencies

• United Kingdom National Hi-Tech Crime Unit (NHTCU, later the Serious Organized Crime Agency — SOCA)
• United States Secret Service
• Investigative Committee of the Ministry of Internal Affairs of the Russian Federation
• Directorate K of the Ministry of Internal Affairs of the Russian Federation

Comments

The Investigative Committee of the Ministry of Internal Affairs of the Russian Federation, Directorate K of the Ministry of Internal Affairs of the Russian Federation and officials from United Kingdom and United States law-enforcement authorities (the server used to infect the victims' computers was located in US territory) conducted an unprecedented investigation which culminated in the conviction of the blackmailers, who were residents of the Russian Federation.

 

International Cooperation

Involved Countries

United States of America

United Kingdom of Great Britain and Northern Ireland

Measures

• Joint Investigation

Outline

In 2004, the Investigative Committee of the Ministry of Internal Affairs of the Russian Federationa, upon request of British authorities, launched an investigation into extortion threats by individuals residing in the Russian territory against a number of British companies.

 

Procedural Information

Legal System:
Civil Law
 

Defendants / Respondents in the first instance

Defendant:
I.V.M.
Gender:
Male
Defendant:
A.A.P.
Gender:
Male
Defendant:
D.V.S.
Gender:
Male

Charges / Claims / Decisions

Defendant:
I.V.M.
Charge:
Extortion
Statute:
Criminal Code of the Russian Federation (as amended by Federal Law No. 111 of 7 July 2003)Article 163, paragraph 3, subparagraphs (a) and (b)
Verdict:
Guilty
Term of Imprisonment:
8 years
Fine / Payment to State:
Yes  100000  roubles 
Defendant:
A.A.P.
Charge:
Extortion
Statute:
Criminal Code of the Russian Federation (as amended by Federal Law No. 162 of 8 December 2003)Article 163, paragraph 3, subparagraphs (a) and (b)
Verdict:
Guilty
Term of Imprisonment:
8 years
Fine / Payment to State:
Yes  100000  roubles 
Defendant:
D.V.S.
Charge:
Extortion
Statute:
Criminal Code of the Russian Federation (as amended by Federal Law No. 162 of 8 December 2003)Article 163, paragraph 3, subparagraphs (a) and (b)
Verdict:
Guilty
Term of Imprisonment:
8 years
Fine / Payment to State:
Yes  100000  roubles 

Sources / Citations

UNODC