Blackshades Bogus Busts?

Blackshades, Bust, DOJ, FBI, RAT
Blackshades Busts
The Blackshades investigation began with an unrelated bust and this week we have reports of Feds spanning the world conducting dozens of interviews. The FBI claims this huge cybercrime bust in Operation Blackshades or the Blackshades Global Takedown . Our forensics team is ready for the fight.

One cooperating witness may have oversold the feds on Blackshades resulting in Bogus Busts for those who never used the package or where there is no log data to support the charges. Here are some quotes from the Feds. One commentator agrees with us. “Blackshades is only one of many remote access tools. Dozens are available in the black and gray market, as wall as being marketed more normally to remote workers and worried parents. If purchasing or downloading remote access software is grounds for a search warrant or arrest, the civil liberties implications are worrying.”

 “Alex Yucel, as alleged in charging documents, headed the organization that developed and sold the Blackshades remote access tool, or RAT. The Blackshades RAT gave cyber criminals the ability to take over a computer from an unsuspecting victim. Armed with $40, a computer, and access to the Internet, a cyber criminal could use the Blackshades RAT to spy on, steal from, or extort an unsuspecting victim anywhere in the world.” 

 “The tool allowed cyber criminals to steal passwords and banking credentials; hack into social media accounts; access documents, photos, and other computer files; record all keystrokes; activate webcams; hold a computer for ransom; and use the computer in distributed denial of service [DDoS] attacks.”

Federal Prosecutor’s Discovery Procedural Memo

Tampa Federal Criminal Defense Attorney Casey Ebsary has obtained a copy of a recent memo to  United States Department of Justice / Assistant United States Attorneys on Procedures they are to follow in prosecuting federal crimes in Federal Court, including the Middle District of Florida.
MEMORANDUM FOR DEPARTMENT PROSECUTORS
The discovery obligations of federal prosecutors are generally established by Federal Rules of Criminal Procedure 16 and 26.2, 18 U.S.C. §3500 (the Jencks Act), Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972). In addition, the United States Attorney’s Manual describes the Department’s policy for disclosure of exculpatory and impeachment information. See USAM §9- 5.001. In order to meet discovery obligations in a given case, Federal prosecutors must be familiar with these authorities and with the judicial interpretations and local rules that discuss or address the application of these authorities to particular facts. In addition, it is important for prosecutors to consider thoroughly how to meet their discovery obligations in each case. Toward that end, the Department has adopted the guidance for prosecutors regarding criminal discovery set forth below. The guidance is intended to establish a methodical approach to consideration of discovery obligations that prosecutors should follow in every case to avoid lapses that can result in consequences adverse to the Department’s pursuit of justice. The guidance is subject to legal precedent, court orders, and local rules. It provides prospective guidance only and is not intended to have the force of law or to create or confer any rights, privileges, or benefits. See United States v. Caceres, 440 U.S. 741 (1979).

Source: The complete Memorandum can be found at http://www.justice.gov/dag/discovery-guidance.html

Federal Prosecutor’s Discovery Procedural Memo | Tampa Federal Criminal Defense Attorney

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