Spears Legal Technology

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Online Service Offers Bank Robbers for Hire

Via Brian Krebs:

The proprietors of this service say it will take 40-45 percent of the value of the theft, depending on the amount stolen. In a follow-up Q&A with potential buyers, the vendors behind this service say it regularly moves $30,000 – $100,000 per day for clients. Specifically, it specializes in cashing out high-dollar bank accounts belonging to hacked businesses, hence the mention high up in the ad of fraudulent wire transfers and automated clearinghouse or ACH payments (ACH is typically how companies execute direct deposit of payroll for their employees).

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Court: Ordering defendant to decrypt hard drive did not violate her Fifth Amendment rights

From Evan Brown:

The Fifth Amendment provides that no person shall be compelled in any criminal case to be a witness against himself. For the most part, this privilege only covers testimony. But an act that implicitly communicates a statement of fact may be within the purview of the privilege as well. For example, producing a document (or electronic data, for that matter) is an acknowledgment that the material:

  • (a) exists
  • (b) is in the possession or control of the producer
  • (c) is authentic (i.e., is what it purports to be)


The court held that defendant’s Fifth Amendment rights were not implicated because providing an unencrypted copy of the hard drive did not serve to accomplish any of the three points listed above.

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