What is Cybercrime?
The federal government, and federal law enforcement in particular has updated its vocabulary when it comes to crime committed by using the Internet.
The FBI now uses terms such as aggravated identity theft, cyber security, cyber incident, cybercrime, material data breach, ransomware, distributed denial of service attacks (DDOS), internet of things, malware, botnet, dark markets, encryption, and vulnerabilities.
U.S. Immigration and federal law enforcement Customs Enforcement (ICE) has even created the first-ever federal law-enforcement smartphone app.
FBI and Cybercrime, an Evolution.
In a speech in March of 2017, former FBI Director James Comey said:
“To state the obvious for this room, all the threats the FBI is responsible for come at us through the Internet. . . . We are standing in the middle of the greatest transformation, I think, in human history. The way we learn, the way we work, the way we love, the way we connect, the way we believe; all is affected by the digital era, the digital revolution.”
As we all know, technology moves quickly.
In a speech in March of 2018, FBI Director Christopher Wray said:
“So what’s the FBI doing about the cyber threat? Realistically, we know we can’t prevent every attack, or punish every hacker. But we can build on our capabilities. We can strengthen our partnerships and our defenses. We can get better at exchanging information to identify the telltale signs that may help us link cybercriminals to their crimes.”
In FBI Director Wray’s speech that day he shared some interesting facts about how the FBI has had to evolve in many ways in order to combat cyber crime.
How the FBI Proves Cybercrime.
First, the cyber threats that Director Comey mentioned in 2017 are still present, but now the FBI also has to consider spearfishing, illicit crypto-mining, and advanced persistent threats not only from criminal hackers, but criminal hackers in the employ of nation-states.
Next, the FBI has recognized that, eventually, “we’ll have to stop referring to all technical and digital challenges as ‘cyber,’” because cyber technology is now so prevalent that it is involved in almost every criminal case. In other words, “cybercrime” will soon simply be synonymous with good, old-fashioned crime.
Finally, as quoted above, in the end, every criminal case that occurs using technology requires the government to link an actual human being to the alleged crime. The government needs the “telltale signs” to “link cyber criminals to their crimes.”
Step 1 - How Tim Anderson Law Can Help - Lots of Time and Effort.
As discussed above, cybercrime is a broad, encompassing term, as technology is often used in almost all crimes, at least at the federal level. As a result, cyber crime defense is a blend of technical and legal competency.
Specifically, how does Tim Anderson Law defend those accused of cybercrime?
The short answer is that defending a client accused of deploying a botnet network, aggravated identity theft, buying or selling stolen corporate data or personal identifying information, or deploying ransomware or malware requires lots of time and effort, especially in these types of cases that usually involve many, many devices and terabytes of data.
Step 2 - How Tim Anderson Law Can Help - Apply Tools and Knowledge.
In addition to the time required, we also have to use the knowledge and experience we have gained from handling these types of cases in the past.
Our experience has given us the tools and vocabulary to work with our clients and our experts in investigating the merits of the government’s case based on the particular proofs that the government has gathered.
Our job is to assess the validity of the government’s claim that the “telltale signs” implicate our client, and then to act on that assessment of the strengths and weaknesses of the particular case.
Step 3 - How Tim Anderson Law Can Help - Apply Elbow Grease and Savvy.
Finally, we work extremely hard to weave the technical explanations or alternate theories into persuasive legal argument – either for trial or for inclusion in discussions with the U.S. Attorney’s Office or in pre-trial motions, such as a motion to dismiss an indictment or a motion to suppress evidence.
Step 4 - Get Help!
Tim Anderson Law has significant experience in representing clients who are being investigated or prosecuted for federal cybercrime.
The ideal time to retain a criminal defense attorney is at the beginning of any investigation, but it is particularly important if you have been contacted by the FBI or another law enforcement agency, either in the United States or abroad.
The sooner we have an opportunity to discuss your rights, potential defenses and case strategies, the better the chances of a favorable outcome, including the possibility that you are never charged.
If your case has been referred to a U.S. Attorney’s Office, you should contact Tim Anderson Law or another experienced federal criminal defense attorney as soon as possible. The earlier we are brought in and can advocate on your behalf, the better your chances of achieving a favorable outcome.
Tim Anderson Law has significant experience in effectively resolving our clients’ cases through creative problem-solving, thorough investigation, and adroit negotiation, all to help our clients make the crucial strategic and tactical decisions necessary to navigate complex federal cyber crime cases.
In the end, our strategy is simple: Tim Anderson Law puts our clients first and works doggedly on their behalf. Of course, no attorney can ever promise a certain result, but it has been our experience that our work ethic, skill, diligence, and compassion all contribute to maximize our clients’ chances of receiving a favorable outcome.
The sooner we have an opportunity to discuss your rights, potential defenses and case strategies, the better the chances of a favorable outcome, including the possibility that you are never charged.