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Hacker opts to skip trial

Accused identity thief and Miami resident Damon Patrick Toey, one of the 11 people arrested last month for perpetrating the largest credit card heist in history, pleaded guilty last week to charges of wire fraud, credit card fraud, and aggravated identity theft.

Toey is currently free pending sentencing, said a spokeswoman for the federal prosecutor’s office. His freedom is severely limited, however, as he is subject to confinement at his family home in Virginia, electronic monitoring, and is prohibited from using computers.

Federal prosecutors say Toey first helped the unnamed group’s ringleader, fellow Miami resident Albert Gonzalez, steal money from New York-area ATM machines in 2004. The two then moved on to the vulnerable computer networks of Miami-area retail stores, where their focus switched to the theft and sale of credit card numbers.

Gonzalez pleaded “not guilty” to similar charges at another hearing later in the day.

Massachusetts District Judge William G. Young, in explaining his decision to grant probation, told Toey that he could face more than 30 years in prison for his crimes. The exact nature of his sentence, however, cannot yet be determined as prosecutors are still working out the dollar amount for damages inflicted.

Toey says he plead guilty because an actual trial could make things “a lot worse,” as prosecutors have plenty of dirt, “other than what I’m pleading guilty to,” on him.

The group that Toey and Gonzalez belonged to stands accused of stealing more than 41 million credit card numbers from TJX stores T.J. Maxx and Marshalls, as well as a variety of other U.S. retail stores including OfficeMax, Boston Market, Barnes & Noble, Sports Authority, and Forever 21. Its actions, particularly the 2005 heist against TJX, have inflicted more than $200 million in damages.

A federal sting shut the group down early last month, and its members – only three of whom are U.S. citizens – are set to appear before a Boston court.

Unimpressed by the group’s techniques, security analysts accused its 11 members of using simple tactics and making a variety of mistakes. Attempting to sell 41 million credit card numbers, in an underground where most transactions deal in thousands, was its most costly mistake – a so-called “embarrassment of riches,” according to Black Hat and DEFCON conference founder Jeff Moss.

The Justice Department, however, touted the bust as one of its largest victories in an escalating war against identity thieves and cybercrime.

“How do you move 41 million credit card numbers?” said Moss. “That’s like trying to rob Fort Knox by yourself.”



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' is prohibited from using computers.'
By dickeywang on 9/16/2008 5:26:38 AM , Rating: 2
That's crude. :)




RE: ' is prohibited from using computers.'
By AnnihilatorX on 9/16/2008 6:48:02 AM , Rating: 2
Aw even pocket calculators are classified as computers.


By ViroMan on 9/16/2008 8:02:14 AM , Rating: 2
So is your microwave and all new cars since the 85's and up have computers in them... hell even most thermostats are computer controlled. Darn no music for him as well, "gana have to take that IPOD dude, no computers alowed."


RE: ' is prohibited from using computers.'
By FITCamaro on 9/16/2008 8:17:53 AM , Rating: 2
No spelling "BOOBS" for them on their calculators I guess.


RE: ' is prohibited from using computers.'
By DM0407 on 9/16/2008 9:36:59 AM , Rating: 2
And no getting ass raped in prison waiting to be sentenced.... Too bad for him.

How are they going to monitor that? I can see if they told him no "internet" and cut his connection, but what did they do? Take every electronic out of the house?


By jadeskye on 9/16/2008 9:02:42 PM , Rating: 2
what is it with the ass pounding prison talk on dailytech? it seems to come up on every blog and news post XD


Should give them government jobs
By Bateluer on 9/16/2008 9:01:20 AM , Rating: 1
We're going to need all the top notch hackers on our side when the conflict with China or Russia actually hits. Uncle Sam should press them into some sort of military service as part of their sentence.




RE: Should give them government jobs
By AntiM on 9/16/2008 9:48:12 AM , Rating: 2
These weren't exaclty top notch hackers, considering the fact that they were so easily caught. Plus, the only way they were able to "hack" the TJ Maxx store is because the store was so utterly stupid in using an unencrypted wireless network to transmit confidential information.


By BruceLeet on 9/16/2008 9:49:01 AM , Rating: 2
quote:
Unimpressed by the group’s techniques, security analysts accused its 11 members of using simple tactics and making a variety of mistakes. Attempting to sell 41 million credit card numbers, in an underground where most transactions deal in thousands, was its most costly mistake – a so-called “embarrassment of riches,” according to Black Hat and DEFCON conference founder Jeff Moss.


Yeah


RE: Should give them government jobs
By tmouse on 9/16/2008 9:55:00 AM , Rating: 2
Bottom line is using people who commit crimes for any sensitive job is by and large a big mistake. Most security companies that tried this found out that these types generally do not fit in with corporate structures. Some fall back into their errant ways, others quit some try to "help" by doing rogue screens for potential clients, which generally pisses people off and is NOT good for businesses. Others found it costs a lot more to be bonded if you have ex-felons working for you.


Good move
By BruceLeet on 9/16/2008 8:57:32 AM , Rating: 2
Pleading guilty and not going to trial will lessen his sentence by a large margin, it was wise. If you go to court plead not guilty and go to trial your punishment will be alot harsher when/if you are found guilty.

Hopefully the others have the brains to follow suit (for the sake of common sense)




RE: Good move
By SilthDraeth on 9/16/2008 10:09:16 AM , Rating: 2
I totally believe "plead guilty if you know you are" fight to the end and appeal everything if you are not.


. . . and Dumber
By kake on 9/18/2008 12:08:55 AM , Rating: 1
"Yeah, lookin' to drop a couple mill of credit nums. . ."
"How did you get this number? I don't know who you are."

*click*

"Wow, that sumbitch is a dumb one. Got his info?"
"And you have to ask. If this was CSI we'd look cool as hell, pity we're just console jockeys."
"Did I tell you about the idea I had for a show? . . ."




"People Don't Respect Confidentiality in This Industry" -- Sony Computer Entertainment of America President and CEO Jack Tretton














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