Cybercrime & Technology

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced criminal charges and the arraignment of three brothers who face up to five years in prison for operating an illegal website that allowed users to watch bootleg versions of copyrighted television shows and movies.

Hop Hoang, 26, Tony Hoang, 23, and Huynh Hoang, 20, all brothers, were arraigned in Alameda County Superior Court on Thursday, June 13 for allegedly operating the website mediamp4.com which allowed users to illegally stream more than 1,000 copyrighted television and movie titles on computers and mobile devices. The three have each been charged with one count of conspiracy, four counts of receiving stolen property and one count of grand theft.

“Digital piracy is theft. It is a serious crime that harms one of California’s most important economic engines – our entertainment industry,” said Attorney General Harris. “This case sends a clear message that the California Department of Justice will investigate digital piracy and prosecute violators to the fullest extent of the law.” 

The Motion Picture Association of America (MPAA) initially began an investigation into iphonetvshows.net and movieiphone.net and sent a cease and desist letter to Tony Hoang. Thereafter, Tony Hoang and his co-defendant brothers allegedly resumed the illegal operation under a new domain name, mediamp4.com.  The Attorney General’s office then initiated an investigation into mediamp4.com, executed a search warrant, seized property used in connection with the illegal operation and filed charges against the Hoang brothers.

“The MPAA deeply appreciates the leadership of Attorney General Harris and her office in helping to combat websites that illegally profit from the creative content produced by the men and women of the American movie and television community,” said former Senator Chris Dodd, the MPAA’s CEO and Chairman.  “There are now nearly 80 legal online services in the United States dedicated to providing movies and television shows to viewers.  But to realize the enormous potential of these businesses and ensure an Internet that works for everyone, it is critical that government, content creators, the tech community and others work together to stop illegal rogue sites.”

Over the 18 months of the website’s operation, the brothers earned approximately $150,000 in advertising revenue. Hop Hoang allegedly confirmed that the brothers generated traffic to the website through Google search ads.

Subscribers could illegally access television shows like “How I Met Your Mother,” along with films such as “Black Swan,” “Tangled” and “Harry Potter and the Deadly Hallows Part 1.”

The investigation was conducted by the eCrime Unit of the California Attorney General’s Office, California Highway Patrol, and REACT, a law enforcement task force located in Santa Clara, CA specializing in investigating technology crimes and identity theft. The Attorney General’s eCrime Unit conducted the forensic analysis of the computer seized during a search and is prosecuting the case.

In 2011, Attorney General Harris created the eCrime Unit to identify and prosecute identity theft crimes, cybercrimes and other crimes involving the use of technology.

The charges in the complaints are only allegations, and the defendants are presumed innocent until and unless they are proven guilty beyond a reasonable doubt.

LOS ANGELES -- Attorney General Kamala D. Harris today filed lawsuits against two international apparel manufacturers for gaining an unfair competitive advantage over American companies by using pirated software in the production of clothing imported and sold in California.

The companies, based in China and India, did not pay licensing fees for software, including products manufactured by Adobe, Microsoft, Symantec and others. The complaints allege that the foreign apparel manufacturers who have not paid software licensing fees have a significant cost advantage in the low-margin business of apparel manufacturing, shipment and sales.

“Companies across the globe should be on notice that they will be held accountable in California for stealing our intellectual property,” Attorney General Harris said. “This is an anticompetitive practice which harms our state’s economy and is illegal. These lawsuits go after overseas companies whose unlawful actions are eroding California’s garment industry and placing California companies who legally pay for computer software at a disadvantage.”

The lawsuits, filed in Los Angeles County Superior Court, charge Pratibha Syntex Ltd. of India and Ningbo Beyond Home Textile Co. Ltd., and its sister companies, of China with violating California’s Unfair Competition Law. Since 2010, the Ningbo Companies shipped approximately 713,000 pounds of apparel products into California. Pratibha has shipped more than 19,000 pounds into the state.

Ningbo Beyond Group exports men’s suits, blazers, coats and jackets, as well as fleece cargo pants, fleece jackets and caps to California. Pratibha Syntex exports women’s cotton tops and other clothes for men, women, and children.

The complaints also allege that these companies obtain an unfair advantage because they can redirect money saved by using pirated software to hire employees and to expand their facilities and their research and development efforts. Furthermore, American companies that are developing software, particularly software that is used in the garment industry, are discouraged from investing in new technology and products if they know their software will be used illegally.

California’s apparel manufacturers, which are largely based in Los Angeles County, employed more than 58,000 people last year and generated more than $5 billion in annual revenues since 1990. In 2010, the industry employed 40,872 workers in Los Angeles County, which accounts for nearly 70 percent of the industry’s workforce in the state.

A study by the Orange County Business Council found that California has lost nearly 400,000 manufacturing and technology jobs over the past decade to countries where piracy rates are as high as 80 percent. This activity has resulted in a loss of $1.6 billion in economic activity and $700 million in tax revenue for California.

The complaints are attached to the online version of this release at http://oag.ca.gov/news.

SACRAMENTO -- Attorney General Kamala D. Harris today announced that the California Department of Justice has been awarded a prestigious federal grant to assist state law enforcement officials in addressing intellectual property crime.

The $200,000 grant will be used to investigate and prosecute intellectual property crimes such as piracy and for the development of training programs for California law enforcement officials and prosecutors to improve the investigation and prosecution of intellectual property theft.

Intellectual property crime is the taking of someone’s idea, such as music, a logo or a unique name, as well as the theft of any profitable new way of doing something. In recent years, intellectual property crime has shifted from the selling of goods in public places to the selling of Internet-based products.

"As technology continues to develop rapidly, thieves have moved their illegal activities to computers and the Internet," said Attorney General Harris. "This grant will support my goal of being at the forefront of investigating these crimes and assuring that law enforcement officials throughout the state are well-equipped to bring those involved in intellectual property crimes to justice."

Pirated intellectual property was once only available as a hard good – like a counterfeit DVD or Louis Vuitton bag that was only available on a street corner or at a swap meet. Now these goods are available at on-line market places or available on-line as a download. In these cases, revenue is generated not only from the sale of the pirated material, but also the advertising revenue generated by the Internet traffic that trades or views their stolen goods.

"California’s economy thrives on the intellectual property of artists, creators, inventors, authors, software designers, engineers and so many other innovators," Harris said. "It is critical in California that we protect their creations from theft, misappropriation and counterfeiting."

Because traditional law enforcement jurisdictions do not exist on the Internet, it has grown increasingly difficult for law enforcement officials to determine which agencies are responsible for investigating Internet-based intellectual property crime.

The Department of Justice’s eCrime Unit applied for the $200,000 federal grant to help fund the California Intellectual Property Theft Enforcement Program.

Last year, Attorney General Harris created the eCrime Unit to identify and prosecute identity theft crimes, cybercrimes and other crimes involving the use of technology.

For additional information on intellectual property crime please visit: http://oag.ca.gov/ecrime.

SANTA CRUZ -- Attorney General Kamala D. Harris today announced that Michael Anthony Gomez, Jr., 55, of Capitola, was sentenced in Santa Cruz Superior Court on Friday to 16 months in jail after pleading guilty to one count of selling pirated software.

As required by statute, the court ordered Gomez to forfeit any devices used to manufacture, reproduce, transport or assemble the counterfeit goods. He surrendered his computer to the California Department of Justice so it can be refurbished and donated to an appropriate local charity.  Gomez also agreed to pay restitution in the amount of $5,000 to AutoDesk and between $200-800 to each of the additional four victims.

“The sale of pirated software defrauds both the users and the developers of the programs, and undermines the strong technology-based segment of California’s economy,” said Attorney General Harris. “The eCrime Unit focuses on crimes involving technology, from piracy to identity theft, and I applaud their professionalism and success in securing this conviction.”

Gomez is alleged to have used Craigslist to sell illegally pirated versions of software programs, including Final Cut Studio III, Microsoft Office for Mac, Rosetta Stone Spanish and Mandarin, AutoDesk Revit and Filemaker 12.  These products retail for up to thousands of dollars, but he sold them for substantially less than the suggested retail prices.

The case was prosecuted by the Attorney General’s eCrime Unit and investigated by the Northern California Computer Crimes Task Force (NC3TF). The task force has its main office in Napa County and is one of five inter-agency Computer Crimes Task Forces in California. eCrime Unit prosecutors are assigned to all five task forces.

In April 2012, Gomez was contacted by an investigator with the NC3TF, who observed a post on Craigslist that offered for sale a copy of the program AutoDesk Revit.  On or about April 10, Gomez agreed to sell a 2013 version of the program for $50. Its suggested retail price is $5,000.

Gomez mailed the investigator a DVD containing a version of the program, but it would not load.  Gomez later provided the investigator with a software patch to ensure the program would function.  Properties embedded in the program indicated it was a copy downloaded from the Internet and then burned onto the DVD.

Gomez was charged with Counterfeit of a Registered Trademark Penal Code section 350(a) (2), a felony, as well as four counts of Counterfeit of a Registered Trademark.  Gomez was arrested on July 10.

Gomez is on probation for a 2010 conviction of previously selling pirated software.

In addition to the jail sentence and restitution, Gomez is restricted from having a computer or Internet access for three years. He forfeited his computer equipment to the Attorney General’s office and it will be donated for non-profit and charitable use.

This case was prosecuted by Deputy Attorney General Johnette Jauron of the eCrime Unit.  Attorney General Harris created the eCrime Unit in 2011 to identify and prosecute identity theft crimes, cyber crimes and other crimes involving the use of technology. More information available here: http://oag.ca.gov/cybersafety.

SANTA CRUZ -- Attorney General Kamala D. Harris today announced that bail has been set at $50,000 in the case of Michael Anthony Gomez, Jr., 55, of Capitola, who was charged in Santa Cruz Superior Court with five charges of selling pirated software.

“Illegally selling pirated software rips off both consumers and developers of the programs, and undermines the strong technology-based segment of California’s economy,” said Attorney General Harris. “Criminals are moving their crimes online, and law enforcement must embrace innovation to counter this emerging threat.”

Gomez is alleged to have used Craigslist to sell illegally pirated versions of software programs, including Final Cut Studio III, Microsoft Office for Mac, Rosetta Stone Spanish and Mandarin, AutoDesk Revit and Filemaker 12.  These products retail for up to thousands of dollars, but he sold them for substantially less than the suggested retail prices.

The case is being prosecuted by the Attorney General’s eCrime Unit and was investigated by the Northern California Computer Crimes Task Force (NC3TF). The task force has its main office in Napa County and is one of five inter-agency Computer Crimes Task Forces in California. eCrime Unit prosecutors are assigned to all five task forces.

In April 2012, Gomez was contacted by an investigator with the NC3TF, who observed a post on Craigslist that offered for sale a copy of the program AutoDesk Revit.  On or about April 10, Gomez agreed to sell a 2013 version of the program for $50. Its suggested retail price is $5,000.

Gomez mailed the investigator a DVD containing a version of the program, but it would not load.  Gomez later provided the investigator with a software patch to ensure the program would function.  Properties embedded in the program indicated it was a copy downloaded from the Internet and then burned onto the DVD.

Gomez was charged with Counterfeit of a Registered Trademark Penal Code section 350(a) (2), a felony, as well as four counts of Counterfeit of a Registered Trademark.  He pled not guilty to all charges.  Gomez was arrested on July 10 and a preliminary hearing on the charges is set for July 23.

Gomez is on probation for a 2010 conviction of previously selling pirated software.

This case is being prosecuted by Deputy Attorney General Johnette Jauron of the eCrime Unit.  Attorney General Harris created the eCrime Unit in 2011 to identify and prosecute identity theft crimes, cyber crimes and other crimes involving the use of technology. More information available here: http://oag.ca.gov/cybersafety.

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced that Facebook has become the seventh company to sign the Joint Statement of Principles to strengthen privacy protections for consumers around the world who use online applications on their smartphones, tablets and other electronic devices. The agreement extends the reach of California’s privacy protections beyond mobile apps to include social apps in Facebook’s App Center, which are used daily by millions of consumers. Among other protections, the agreement seeks to improve compliance with California law requiring apps that collect personal information to have a privacy policy.

“Consumers deserve to be able to make informed choices about how much personal information they want to share with others when using social apps,” said Attorney General Harris. “We are delighted that Facebook has joined Amazon, Apple, Google, Hewlett-Packard, Microsoft, and Research in Motion to provide consumers with greater control and information about how their personal data is used.  We need to protect privacy while we foster innovation.”

In a letter to Attorney General Harris released today, Facebook wrote “…we hope that you will consider us a signatory to the Joint Statement.” Facebook joins an agreement that was first announced in February when Amazon.com Inc., Apple Inc., Google Inc., Hewlett-Packard Company, Microsoft Corporation, and Research in Motion Limited all signed on to a Joint Statement of Principles. 

In the letter, Facebook’s Chief Privacy Officer Erin M. Egan wrote, “As you know, the Joint Statement’s principles embodied essential protections for Californians and others who use mobile apps by encouraging companies that provide mobile app markets to give developers the ability to provide a link to their privacy policies and to display those links along with other app details….As we built the App Center, we were guided by the principles contained in the Joint Statement.”

Starting in 2011, Attorney General Harris worked with Amazon, Apple, Google, Hewlett-Packard, Microsoft, and Research In Motion to forge the Joint Statement to ensure that emerging online technologies such as mobile apps comply with California’s Online Privacy Protection Act (Simitian, 2004).  The Act requires operators of commercial web sites and online services, including mobile and social apps, who collect personally identifiable information about Californians to conspicuously post a privacy policy.  The posting of a privacy policy promotes transparency and provides consumers with more informed control over their personal information. Today’s agreement recognizes the Facebook App Center’s role as a clearinghouse for a variety of social apps.

A letter from the Attorney General’s Office to Facebook said, “California law requires all operators of commercial web sites and online services, including mobile and social apps, who collect personally identifiable information about Californians to conspicuously post a privacy policy.  We are very pleased that Facebook has incorporated the Principles into the design of the App Center and that Facebook requires, as a condition of participating in the App Center, that developers submit a link to a privacy policy.  We are also pleased to see that Facebook is prominently displaying the link to an app’s privacy policy in the App Center, and is implementing a means to report and remediate privacy issues.”

In addition to signing the Joint Statement, Facebook will participate in a multi-stakeholder Advisory Group on Mobile Privacy Practices that the Attorney General’s Office and the California Office of Privacy Protection have convened to develop best practices for mobile privacy generally and to develop model mobile privacy policies in particular.

Copies of both letters are attached to the electronic version of this release at: http://oag.ca.gov/news

The February 2012 press release announcing the apps agreement can be found here: http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-secures-global-agreement-strengthen-privacy

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced the outcomes of two cases investigated by her office’s eCrime Unit in which defendants “skimmed” credit card information of Chase Bank customers across the state.

Both cases involved a type of crime frequently referred to as a “skimmer operation.” In both cases, the defendants, organized as “crews,” replaced the card readers at Chase Bank ATM vestibules with ones that allowed them to retrieve customers’ card information. Additionally, both crews installed micro cameras to capture the card holders’ PIN entry. With this information, they created bogus ATM access cards.

“Technology benefits consumers, but also opens them up to risks that law enforcement must respond to,” said Attorney General Harris. “ATM skimming cases like these are fast-growing, can lead to identity theft and significant financial losses.  I applaud the state and local collaboration that shut down these two criminal schemes.”

Gnel Snapyan, 35, was sentenced today in San Luis Obispo County Superior Court to 364 days in state prison and five years probation. His co-conspirator, Gervork Aroutiounyan, 48, was sentenced in March 2012 to three years and eight months in state prison. The men were ordered to pay restitution to Chase Bank.     

In a separate scam, Santiago Alcantar, 37, Genea Antoine, 39, and Anthony Garcia, 30, entered a plea of guilty today in San Luis Obispo County Superior Court to one count of conspiracy to commit grand theft, computer access fraud, identity theft, second degree burglary and forgery of access cards. They were charged in March with 14 counts of felony fraud.

Between July 2010 and February 2011, Snapyan fraudulently withdrew approximately $220,000 from the bank accounts of more than 300 victims in Santa Clara, Marin, Fresno, San Luis Obispo counties. 

The case was investigated by the San Luis Obispo County Police Department and the Attorney General’s eCrime Unit. In September 2011, the Attorney General’s office charged Snapyan and Aroutiounyan with 28 counts of felony fraud. On March 1, the defendants entered a plea of guilty to one count of conspiracy to commit grand theft, computer access fraud, identity theft, second degree burglary and forgery of access cards. Additionally, each pled guilty to three counts of second degree burglary.  

Between October 2010 and February 2011, Alcantar, Antoine, and Garcia ran their skimmer operation in Los Angeles, San Luis Obispo, San Bernardino and Ventura counties. The crew stole approximately $217,000 from more than 200 victims. 

Sentencing is scheduled for July 27, at which time Alcantar will be sentenced to four years in state prison; Antoine to two years in state prison and Garcia to a sentence that will not exceed one year and 4 months.

In both cases, Chase Bank has reimbursed customers for their losses.

The California Department of Justice eCrime Unit was created last year to identify and prosecute identity theft crimes, cyber crimes and other crimes involving the use of technology. 

Photos are attached to the online version of this release at  https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-announces-crackdown-atm-%E2%80%9Cskimming%E2%80%9D-and-identity .      

LOS ANGELES -- Attorney General Kamala D. Harris today announced that two Los Angeles residents have each been sentenced to 300 days in county jail and 3 years probation for selling counterfeit CDs containing popular music.

Juan Lucas Camacho, 39, and Jose Pablo Almaraz, 38, each pled guilty to one felony count of failure to disclose the origin of a recording that they offered for sale. Camacho had been convicted in 2008 for a similar crime. They were sentenced on May 21 in Los Angeles Superior Court.

“Copyright theft like this infringes upon the rights of writers, musicians, and producers,” said Attorney General Harris. “California’s eCrime Unit is dedicated to prosecuting cases involving the trafficking of intellectual property, whether online or on the street.”

The charges are based on the sale of 800 counterfeit CDs to undercover Department of Justice agents on April 17, 2012 in the parking lot of a Los Angeles Home Depot store for $480, or approximately $.60 per CD. Artists whose counterfeit CDs were sold included Jorge Santa Cruz and Pitbull. Camacho claimed the ability to fabricate 80,000 to 100,000 CDs per week and that 800 CDs was too small of a sale to repeat.

In April, the defendants were arrested and charged with five felony counts, including conspiracy and counterfeit of a registered trademark. Upon admitting guilt, the remaining counts were dismissed as part of a plea agreement. Camacho was given credit for 36 days already served, and Almaraz for 19 days served.

This case was investigated and prosecuted by the Department of Justice’s eCrime Unit, which identifies and prosecutes crimes involving technology and identity theft.

Photos of the pirated CDs are attached to the electronic version of this release at http://oag.ca.gov/

SAN DIEGO -- Attorney General Kamala D. Harris and San Diego County District Attorney Bonnie Dumanis today announced the arrest of an individual who ran a sophisticated scheme at San Diego area Lowe’s and Home Depot stores in which he replaced the bar codes on expensive merchandise with bar codes that scanned at lower prices.

Steve Allen Koski, 42, of San Diego, was arraigned yesterday in San Diego Superior Court on 11 felony counts, including grand theft and 10 counts of burglary. His bail has been set at $250,000. He is being held in San Diego County Jail.

Koski stole or attempted to steal more than $30,000 in copper wire and other merchandise from Lowe’s and Home Depot stores. He then re-sold that merchandise to California recycling centers for over $180,000.

“For all the efficiency and conveniences that modern technologies provide, we are continuing to see criminals use these same technologies to defraud California businesses and consumers,” Attorney General Harris said. “The eCrime Unit is devoted to aggressively pursuing criminals who misappropriate modern technologies for their own benefit.”

Surveillance video showed Koski entering various home improvement stores and replacing legitimate bar codes on copper wire and other expensive merchandise with counterfeit bar codes that scanned at lower prices. Through this scheme, Koski fraudulently purchased copper wire for $60 to $90 and then re-sold it at California recycling centers for $200 to $300. To appear legitimate and sidestep the State’s efforts to crack down on recycling fraud, Koski created a phony business called “iRecycle”. The evidence suggests Koski may have netted over $180,000 through this scheme.

In February, the Attorney General’s eCrime Unit launched an investigation after Lowe’s reported to the offices of the Attorney General and the San Diego District Attorney that Koski ran this scheme at multiple stores throughout San Diego.

“Our office is holding Steve Allen Koski responsible for his actions,” said San Diego County District Attorney Bonnie Dumanis. “We do not tolerate scams and we are aggressive about prosecuting perpetrators who think they can get away with bilking businesses and consumers.”

California is among the top five states with the highest reported incidences of copper theft. The National Insurance Crime Bureau reports 1,342 metal theft claims in California from January 2009 to December 2011, with approximately 96% of these claims pertaining to the theft of copper.

Last year, Attorney General Harris created the eCrime Unit to identify and prosecute identity theft crimes, cyber crimes and other crimes involving the use of technology. More information available here: http://oag.ca.gov/cybersafety.

A copy of the complaint is attached to the online version of this release at www.oag.ca.gov

RIVERSIDE -- Attorney General Kamala D. Harris announced today that two men were sentenced to more than 30 years in state prison for stealing millions of dollars through an illegal pyramid scheme and phony stock sales.

In April 2011, James A. Sweeney, II, 64, of Afton, Tennessee, and Patrick M. Ryan, 35, of Canyon Lake, California, were found guilty on 65 counts of grand theft and securities fraud. Sweeney was sentenced to 33 years in state prison and Ryan to 31 years in state prison today in Riverside County Superior Court. Each was ordered to pay restitution of approximately $8.2 million.

Sweeney and Ryan, co-founders of Riverside-based Big Co-op, Inc., stole approximately $8.2 million from more than 1,000 Californians through an illegal pyramid scheme and phony stock sales.

Big Co-op, also operating as Ez2Win.biz, purported to be an online shopping hub where consumers could go to purchase goods and services at discounted prices from big-name retailers including, Sears, Target and Macy’s.

From 2005 to 2006, Big Co-op generated $1.2 million in revenues through an illegal pyramid scheme. Consumers were informed that if they purchased a Big Co-op membership, they could save money on their own purchases plus earn commissions and rewards by convincing others to shop at the site. In reality, consumers never received rebates or rewards. Instead, their monetary gains were based on recruiting others to purchase memberships, and having those purchasers recruit others to purchase memberships (and so on).

Individuals who were recruited paid Big Co-op between $19.95 and $99.95 in monthly membership fees to be part of the Ez2Win.biz pyramid scheme.

In addition to the pyramid scheme, the two men sold phony stock in Big Co-op as a stand-alone investment.
At seminars and meetings across California, Sweeney and Ryan pitched Big Co-op as the future of online commerce, compared it to Google and EBay, and falsely informed investors the company was turning huge profits. Investors were also told that an initial public offering (IPO) was imminent and that when the company went public, the stock would double or triple and their investment could climb to well over $100 per share.

In reality, Big Co-op was never profitable, there was not an impending IPO, and the only significant revenue generated was as a result of the sale of phony stock and the payment of membership fees for the pyramid scheme.

Sweeney and Ryan sold shares for $0.50 to $5 and offered two-for-one deals to investors willing to pay cash. From 2005 to 2006, they took in more than $7 million from this scheme.

With investor cash, Sweeney and Ryan bought homes, country club memberships, several luxury cars, and ran up $30,000 to $50,000 in monthly credit card bills. Investor funds were also used to pay for an elaborate bachelor party in Las Vegas, a $23,000 wedding ring and a $100,000 wedding.

In October 2006, after receiving numerous complaints, the California Department of Corporations issued a desist and refrain orders against Sweeney, Ryan and other associates directing them to cease selling stock in the company. In May 2007, a second order directed them to cease selling memberships in the company. At that time, the case was referred to the Attorney General’s office for prosecution.

The case was prosecuted by Deputy Attorney General Patricia M. Fusco, with assistance from lead investigator Andy Thomas, both of the Special Crimes Unit.