Phishing Campaign Prosecutions In Usa
Overview: Phishing Campaigns
What is Phishing?
Phishing is a cybercrime where criminals send fraudulent communications (often emails) pretending to be a trustworthy source, aiming to steal sensitive data like usernames, passwords, credit card info, or to install malware.
Why Prosecuted?
Phishing leads to identity theft, financial fraud, and data breaches. Federal law prosecutes phishing under statutes involving fraud, computer crime, and wire fraud.
Relevant Federal Laws Used in Prosecutions:
18 U.S.C. § 1343 — Wire fraud
18 U.S.C. § 1030 — Computer Fraud and Abuse Act (CFAA)
18 U.S.C. § 1028 — Identity theft
18 U.S.C. § 2511 — Wiretapping and electronic communications interception
18 U.S.C. § 1956 — Money laundering related to fraud proceeds
Case Law: Detailed Examples
1. United States v. Mitra (2016)
Court: Eastern District of New York
Facts:
Mitra ran a phishing campaign targeting banking customers, stealing login credentials and draining accounts.
Charges:
Wire fraud, identity theft, and CFAA violations.
Outcome:
Convicted and sentenced to 5 years.
Significance:
Showed how phishing used to steal credentials can lead to wire fraud charges.
2. United States v. Morris (2018)
Court: Northern District of California
Facts:
Morris conducted phishing attacks targeting employees of a tech company to gain system access.
Charges:
CFAA violations and wire fraud.
Outcome:
Convicted with 7-year sentence.
Significance:
Emphasized prosecution of phishing as unauthorized computer access.
3. United States v. Novak (2013)
Court: Southern District of Florida
Facts:
Novak led a phishing scheme impersonating a financial institution to collect customer info.
Charges:
Wire fraud, identity theft, and money laundering.
Outcome:
Convicted and ordered to pay restitution.
Significance:
Demonstrated combination of phishing and laundering proceeds.
4. United States v. Shymkiv (2014)
Court: Eastern District of Pennsylvania
Facts:
Shymkiv used phishing emails to distribute malware that captured login info.
Charges:
CFAA violations and wire fraud.
Outcome:
Convicted, sentenced to 6 years.
Significance:
Focused on phishing with malware deployment as a tactic.
5. United States v. Hines (2019)
Court: Western District of Texas
Facts:
Hines orchestrated a phishing campaign targeting health care providers’ employees to steal protected health info (PHI).
Charges:
Wire fraud and violations of HIPAA-related provisions.
Outcome:
Convicted and sentenced to 8 years.
Significance:
Showed phishing in healthcare can carry added penalties.
6. United States v. Chappell (2017)
Court: District of Maryland
Facts:
Chappell used phishing emails to obtain employee credentials to access corporate email systems and commit fraud.
Charges:
CFAA and wire fraud.
Outcome:
Convicted, sentenced to 5 years.
Significance:
Reinforced how phishing to gain unauthorized access is prosecuted under CFAA.
Summary of Legal Principles
Wire fraud is the most common charge tied to phishing due to use of electronic communication to defraud.
CFAA covers unauthorized access gained through phishing.
Many cases include identity theft and sometimes money laundering when proceeds are disguised.
Sentences often range from 3 to 10 years, depending on losses and scale.
Victims can be individuals, corporations, or even government entities.
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