Case Law Database

Cybercrime

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

• Illegal access of computer data

Computer-related acts for personal or financial gain

• Identity offences

Keywords

• Illegal access to a computer system/data
• Interception/acquisition of computer data
• Breach of privacy/data protection measures

Participation in an organized criminal group

Offences

• Agreement to commit a serious crime (conspiracy)
• Extortion

Degree of Involvement

• Overt act in furtherance of agreement

United States of America v. Wyatt, No. 4:17-cr-00522-RLW-SPM (E.D. Mo. Sept. 21, 2020)

Fact Summary

This case involves a member of the cyber organized criminal group “The Dark Overlord” (TDO), an organization that was known for their ransom and extortion scams. Beginning in 2016, the defendant was involved in a conspiracy that encompassed hacking several organizations in health, entertainment, finance, commercial, real estate, and transportation, stealing personal information from the systems they hacked, including for instance medical records, and then seeking ransom from the targets. Companies would usually have to pay a ransom of between USED 75,000 and 350,000 in bitcoin. The defendant’s role in the conspiracy was creating, validating, and maintaining communication, payment, and virtual private network accounts that were, inter alia, used to send threatening and extortionate messages to the victimized companies within the Eastern District of Missouri, where the defendant was ultimately tried.

The defendant was indicted by a federal grand jury for conspiracy, two counts of aggravated theft, and three counts of threatening to damage a protected computer on 8 November 2017. The U.S. subsequently requested the extradition of the defendant from the UK. The defendant was ultimately extradited in late 2019 and arraigned before U.S. Magistrate Judge Shirley Padmore Mensah on 18 December 2019, where he pleaded not guilty. On 21 September 2020, the defendant eventually pleaded guilty to conspiracy and was sentenced to five years’ imprisonment and ordered to pay USD 1,467,048 in restitution.

Commentary and Significant Features

This case highlights the importance of international cooperation, in particular extradition, in effectively prosecuting cyber organized crime. The inherently transnational nature of cybercrime has enabled members of criminal groups to operate globally and commit offences while physically located outside the targeted country. In this case, the defendant, a UK national, was located outside the U.S. conspiring with other members of TOD to commit aggravated identity theft and computer fraud, targeting – inter alia – companies seated in the St. Louis area. The international cooperation between British and U.S. law enforcement authorities, in particular the FBI, the Department of Justice and the Metropolitan Police Service, during the investigation and extradition, has facilitated the conviction of the defendant in the United States.

Sentence Date:
2020-09-21

Cross-Cutting Issues

Offending

Details

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

Involved Countries

United Kingdom of Great Britain and Northern Ireland

United States of America

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Investigation Procedure

Involved Agencies

• Federal Bureau of Investigation ("FBI") (USA)
• Department of Justice (Office of International Affairs, Criminal Division) (USA)
• Metropolitan Police Service (GBR)

Confiscation and Seizure

International Cooperation

Involved Countries

United Kingdom of Great Britain and Northern Ireland

United States of America

Measures

• Extradition
• Joint Investigation

Electronic Evidence

• Electronic Evidence/Digital Evidence

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 
 
Proceeding #1:
  • Stage:
    first trial
  • Official Case Reference:
    United States of America v. Wyatt, No. 4:17-cr-00522-RLW-SPM (E.D. Mo. Sept. 21, 2020)
  • Decision Date:
    Mon Sep 21 00:00:00 CEST 2020

    Court

    Court Title

    U.S. District Court for the Eastern District of Missouri

     

    Location

  • City/Town:
    St. Louis
  • Province:
    Missouri
  • • Criminal

    Description

    After being extraditied from the United Kingdom to the United States, the defendant was arraigned before U.S. Magistrate Judge Shirley Padmore Mensah on 18 December 2019, where he pleaded not guilty at first. On 21 September 2020, the defendant eventually pleaded guilty to conspiracy and was sentenced to five years’ imprisonment and ordered to pay USD 1,467,048 in restitution.

     

    Defendants / Respondents in the first instance

    Defendant:
    Nathan Wyatt
    Gender:
    Male
    Nationality:
    British
    Age:
    39

    Charges / Claims / Decisions

    Defendant:
    Nathan Wyatt
    Legislation / Statute / Code:

    18 U.S.C. § 371

    Charge details:

    Conspiracy to commit offense or to defraud United States

    Verdict:
    Guilty
    Legislation / Statute / Code:

    18 U.S.C. § 1028A

    Charge details:

    Aggravated Identity Theft (two counts)

    Legislation / Statute / Code:

    18 U.S.C. § 1030

    The defendant was charged with three counts of threatening to damage a protected computer contrary to 18 U.S.C. § 1030(a)(7)(C).

    Charge details:

    Fraud and related activity in connection with computers (three counts)

    Term of Imprisonment:
    5 years
    Compensation / Payment to Victim:
    1467048  USD 

    Court

    U.S. District Court for the Eastern District of Missouri