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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

-x INFORMATION 11 Cr.

UNITED

STATES - v.

OF AMERICA

HECTOR XAVIER MONSEGURr a/k/a "Sabur a/k/a "Xavier DeLeonr a/k/a "Le ori ,
11 II

ll

Defendant.
----------- - - - - -x
COUNT ONE

(Conspiracy

to Engage

in Computer

Hacking

-- Anonymous)

The United

States Attorney

charges:

THE DEFENDANT
1.

At all times relevant a/k/a "Sabur
II

to this Informationr "Xavier DeLeon, computer
n

HECTOR

XAVIER "Leonr
ll

MONSEGURr

a/k/a

a/k/a who to

the defendantr in New

was an experienced At various

hacker

resided

Yorkr New York. MONSEGUR

times relevant member

this Informationr hacker

was an influential Internet
--

of three

organizations

Anonymousr
ll )

Fedsr and Lulz for

Security multiple businesses

(also known as "LulzSec cyber attacks

that were responsible systems States of various

on the computer

and governments

in the United

and throughout

the world. 2. MONSEGURrs At all times relevant area of expertise to this Informationr and role in hacker

primary

organizations hacker

was to act as a "rooter," vulnerabilities

that is, a computer systems of

who identified victims

in the computer

potential

to be exploited

for the purpose

of gaining these regarding

unauthorized

access

to the systems.

Upon discovering information

vulnerabilities,

MONSEGUR

either passed

them to other hackers { who sought exploited the vulnerabilities support access

to exploit

them, or MONSEGUR also provided that

himself.

MONSEGUR

infrastructure is, unauthorized others

to members

of hacker servers

organizations, and routers

to computer

that

Could use to launch cyber attacks BACKGROUND 3.

on victims.

ON ANONYMOUS to this Information, hackers and other that that that

At all times relevant was a collective located

"Anonymous" individuals undertook included

of computer States

in the United

and elsewhere efforts

"operations" cyber attacks

that is, coordinated against individuals

and entities

were perceived interests.

to be hostile attacks

to Anonymous

and its members' the from These

These

included,

among other things,

theft and later dissemination computer attacks systems

of confidential

information websites.

and the defacement attacks

of Internet websites,

also included

against which

known as "denial

of service" number

or "DoS" attacks, to bombard

involved

the use of a large with bogus

of computers

a victim's

website

2

requests

for information,

causing

the website

to temporarily

cease functioning. 4. members support, profit At all times relevant through to this Information, the

of Anonymous, among other

their cyber attacks,

sought to non-

causes, Wikileaks, that published sourceSi

an international unavailable Assange,

organization

otherwise and Julian

documents

from anonymous of Wikileaks.

who was

the founder

THE DEFENDANT'S 5. including a/k/a

COMPUTER

HACKING

AS PART OF ANONYMOUS 2010, up to and XAVIER MONSEGUR,

From in or about December

on or about June 7, 2011, HECTOR a/k/a "Xavier DeLeon," in several a/k/a

"Sabu,"

"Leon," the as part of

defendant, Anonymous,

participated including

cyber attacks among others:

the following,

DoS Attacks a. participated Anonymous credit service

on Visa, MasterCard

and PayPal briefly

In or about December Payback,
II

2010, MONSEGUR of

in "Operation

in which members the websites

launched

DoS attacks

against

of the

card companies PayPal, with

Visa and MasterCard the intent to disrupt The members

and the online payment the operation of

those companies' Operation Payback

websites.

of Anonymous

intended of

to serve as retaliation and PayPal to process

for the refusal

Visa, MasterCard,

donations

to Wikileaks.

3

Hack and DoS Attack b. participated Anonymous

on Tunisian

Government

Computers

In or about January Tunisia,"

2011, MONSEGUR of used

in "Operation

in which members computer

launched

cyber attacks of Tunisia.

against

systems

by the government hacked

Among

other things, MONSEGUR of the Prime Minister of

into and defaced MONSEGUR

the website

Tunisia. against

and others also participated used by the Tunisian on Algerian Government

in a DoS attack

other websites DoS Attack c.

government. Computers

In or about early 2011, MONSEGUR Algeria," in which members computer of used

participated Anonymous

in "Operation

launched

cyber attacks of the People's

against

systems of

by the government Algeria. attack Among

Democratic

Republic

other things, websites

MONSEGUR

participated

in a DoS government.

against

belonging

to the Algerian Computers

Hack of Yemeni d. participated launched government MONSEGUR systems. without

Government

In or about early 2011, MONSEGUR Yemen," in which members of Anonymous

in "Operation

cyber attacks

against

computer

systems used by the other things,

of the Republic identified MONSEGUR

of Yemen.

Among

security tested

weaknesses

in these computer weaknesses computer by accessing systems and

the security government

authorization

Yemeni

4

downloading weaknesses

certain

information.

MONSEGUR

shared

the security

with other computer Hack of Zimbabwean e.

hackers

in Anonymous. Computers

Government

In or about early 2011, MONSEGUR Zimbabwe," in which members computer of

participated Anonymous

in "Operation

launched

cyber attacks of Zimbabwe. weaknesses

against

systems used MONSEGUR

by the government identified MONSEGUR

Among other

things,

security

in those computer

systems. without and

tested

the security

weaknesses

by accessing systems

authorization downloading weaknesses attempted

Zimbabwean certain

government

computer

information. computer

MONSEGUR

shared

the security and

with other to steal

hackers

in Anonymous

information

from a Zimbabwean

government

email server. STATUTORY 6. and including ALLEGATIONS 2010, up to District "Sabu,"

From at least in or about December

on or about June 7, 2011, in the Southern HECTOR XAVIER MONSEGUR, a/k/a

of New York and elsewhere, a/k/a "Xavier DeLeon,"

a/k/a

"Leon," the defendant, and knowingly combined,

and others conspired,

known and unknown, confederated, in computer

willfully

and agreed hacking

together

and with each other to engage of Title 18, United States

in violation

Code, Section

1030 (a) (5) (A) .

5

7. that HECTOR DeLeon," unknown,

It was a part and an object XAVIER MONSEGUR, a/k/a

of the conspiracy "Xavier known and

"Sabu," a/k/a and others

a/k/a

"Leon," the defendant, and knowingly

willfully

would and did cause the code and command, and, cause and the

transmission as a result damage

of a program,

information,

of such conduct, authorization,

would and did intentionally to a protected computer,

without

loss caused of Title
1030 (c)
(4)

by such behavior

was at least $5,000,

in violation

18, United
(B) (i) .

States Code, Sections

1030 (a) (5) (A) and

OVERT ACTS 8. the illegal "Sabu," In furtherance object thereof! of the conspiracy XAVIER and to effect a/k/a

HECTOR

MONSEGUR,

a/k/a

"Xavier DeLeon,"

a/k/a

"Leon,"

the defendant, in the

committed Southern

the following District a.

overt acts, among others,

of New York and elsewhere: In or about December 2010, while using a in

computer

located

in New York, New York, MONSEGUR

participated of

a DoS attack Anonymous and Visa.

that was being organized the computer systems

by the members of PayPal,

against

MasterCard,

b. computer located

In or about early 2011, while using a in New York, New York, MONSEGUR participated in

6

DoS attacks of Tunisia

against

the computer

systems used by the governments

and Algeria. c. In or about early 2011/ while using a in New York/ New York/ MONSEGUR without authorization, attempted to server

computer obtain

located

information/

from an e-mail

used by the government

of Zimbabwe. States Code/ Section 1030(b)).

(Title 18, United

COUNT TWO (Conspiracy The United 9. to Engage in Computer Hacking -- Internet Feds)

States Attorney The allegations

further

charges: 1 through 5 and 8 fully

in paragraphs

of this Information set forth herein.

are repeated

and realleged

as though

BACKGROUND 10. MONSEGUR/ defendant, defendant elite a/k/a

ON INTERNET

FEDS XAVIER "Leon/" the as a a group of

In or about December "Sabu," a/k/a

2010, HECTOR

"Xavier DeLeon/"

a/k/a

was invited herein

by a co-conspirator

not named Feds/"

to participate affiliated

in "Internet

computer

hackers

with Anonymous of various

that undertook business and

cyber attacks government world.

on the computer

systems

entities

in the United included/

States and throughout

the

These

attacks

among other things, computer

the theft of the

confidential

information

from victims/

systems/

7

defacement various

of victims' relevant

Internet

websites,

and DoS attacks. members

At

times

to this Information, launched

of Internet

Feds, including unauthorized the following Federal, LLC

MONSEGUR,

cyber attacks

on, and gained systems of

access

to, the websites among others:

and computers HBGary,

victims,

Inc. and HBGary

(HBGary Federal,

LLC is owned

in part by HBGary, as "HBGary") Company
I

Inc.; both are collectively private cyber security

referred

to herein

a

firm; Fox Broadcasting network;

("Fox"), a

commercial Company, stations Times, period

broadcast

television

and the Tribune television and radio

a media

company

which owns various Tribune

and publishes

the Chicago

and the Los Angeles during the time Feds

among other newspapers. relevant

In addition, members attacks

to this Information, launched computer

of Internet on computer

other than MONSEGUR

servers used by ACS Law, a law firm in Australia PlayStation media Network, an online multiplayer gaming

and the Sony and digital

delivery

service. COMPUTER HACKING AS PART OF INTERNET 2010, up to and XAVIER MONSEGUR, a/k/a FEDS

THE DEFENDANT'S 11. including

From in or about December 2011, HECTOR a/k/a

in or about March

"Sabu," a/k/a participated intrusions

"Xavier DeLeon," in several

"Leon,"

the defendant,

cyber attacks

and unauthorized the following,

as part

of Internet

Feds, including

among others:
8

Hack of HBGary a. participated HBGary. accessed HBGary In or about early 2011, MONSEGUR systems of

in a cyber attack on the computer other things, MONSEGUR authorization

Among

and his co-conspirators servers belonging to

without

computer

in Sacramento,

California

and Colorado

Springs,

Colorado, In

and stole confidential addition, gained MONSEGUR

information

from those servers.

and his co-conspirators

used information access without of the

from this hack to, among other things, and download emails

authorization CEO of HBGary authorization servers hacking

from the email accounts access without from the

and the owner of HBGarYi and steal confidential rootkit.com,

information an online

for the website maintained

forum on computer without

by the owner of HBGarYi the Twitter

and access

authorization HBGary. Unauthorized

and deface

account

of the CEO of

Access b.

to the Tribune

Company's

Computer

Systems

In or about early 2011, MONSEGUR login credentials systems without

and his cothe

conspirators Tribune

misappropriated computer

to access

Company's

authorization.

Hack of Fox c. participated Among In or about early 2011, MONSEGUR on the computer systems of Fox.

in a cyber attack MONSEGUR

other things,

and his co-conspirators
9

accessed

without

authorization belonging information show.

computer

servers

in Los Angeles, information, a

California, including

to Fox and stole confidential relating to contestants

on "X-Factor,"

Fox television

Statutory 12. and including

Allegations 2010, up to District "Sabu,"

From at least in or about December

on or about June 7, 2011, in the Southern HECTOR XAVIER MONSEGUR, a/k/a

of New York and elsewhere, a/k/a "Xivier DeLeon,"

a/k/a

"Leon,"

the defendant,

and others conspired,

known and unknown, confederated, in computer

willfully

and knowingly,

combined,

and agreed hacking

together

and with each other to engage of Title 18, United States

in violation

Code, Section 13. that HECTOR DeLeon," unknown,

1030(a) (5) (A). It was a part and an object MONSEGUR, a/k/a of the conspiracy "Xavier known and

XAVIER

"Sabu," a/k/a and others

a/k/a

"Leon,"

the defendant,

willfully

and knowingly

would and did cause the code and command, and, cause and the

transmission as a result

of a program,

information, would

of such conduct, authorization,

and did intentionally computer,

damage without loss caused of Title

to a protected

by such behavior States

was at least $5,000,

in violation

18, United

Code, Sections

1030 (a) (5) (A) and

1030 (c) (4) (B) (i) .

10

Overt Acts 14. the illegal In furtherance thereof, of the conspiracy and to effect a/k/a

object

HECTOR XAVIER MONSEGUR, a/k/a "Leon,"

"Sabu," a/k/a committed Southern

"Xavier DeLeon,"

the defendant, in the

the following District
a.

overt acts, among others,

of New York and elsewhere: In or about early 2011, while using a participated in a cyber

computer attack

in New York, New York, MONSEGUR systems

on computer
b.

used by HBGary.

In our about early 2011, while using a participated in a cyber

computer attack

in New York, New York, MONSEGUR systems used by Fox.

on computer

(Title 18, United

States Code, Section COUNT THREE

1030(b».

(Conspiracy The United 15.

to Engage

in Computer further

Hacking charges:

-- LulzSec)

States Attorney The allegations

in paragraphs are repeated

1 through

5, 8, 10, as

11 and 14 of this Information though fully set forth herein.

and realleged

BACKGROUND 16.

ON LULZSEC in

From in or about May 2011, up to and including XAVIER MONSEGUR, a/k/a

or about June 2011, HECTOR "Xavier DeLeon," Security," a/k/a

"Sabu," a/k/a "Lulz

"Leon," the defendant,

formed

or "LulzSec,"

with other elite hackers,
11

including

individuals "Tflow," which

who used the online nicknames and "AVUnit."

"Kayla,"

"Topiary," slang

"Pwnsauce,"

"Lulz" is Internet "humor,"

can be interpreted of LulzSec

as "laughs,"

or "amusement." on the computer in the included, from

The members systems United among

undertook

cyber attacks

of various States

business

and government the world.

entities

and throughout

These attacks

other things, computer

the theft of confidential the defacement

information

victims' websites,

systems,

of victims'

Internet

and attacks

against victims' unavailable systems

websites

which rendered In addition the members information of a

the websites to attacking of LulzSec regarding variety used

temporarily the computer

to the public.

of their victims, hackers

also received vulnerabilities

from other computer in the computer

security

systems

of business

and government

entities.

LulzSec

members

this information

to launch cyber attacks of future

on those entities

or stored

it in anticipation 17. At various

attacks. to this Information, on the computers among others:

times relevant cyber attacks

members systems

of LulzSec

launched

and websites a.

of the following Various divisions

victims,

of Sony, a global Sony Pictures and distributes ("Sony

electronics Entertainment television Music"),

and media

company,

including

("Sony Pictures"),

which produces

shows and movies;

and Sony Music

Entertainment

which produces

and distributes
12

audio recordings;

b. non-profit States; c. Japan; d. Infragard Members public

The Public Broadcasting television broadcasting

Service service

("PBS"), a

in the United

Nintendo,

a video game company

based

in

The Atlanta, Alliance between

Georgia

chapter

of the an information

("Infragard-Atlanta"), the Federal Bureau with protecting

sharing partnership and private industry

of Investigation critical

concerned

infrastructure

in the United e.

States; a cyber security firm

Unveillance,

headquartered

in Delaware; f. g. The United Bethesda States Senate; and game company

Softworks,

a video

based

in Maryland. THE DEFENDANT'S 18. COMPUTER HACKING AS PART OF LULZSEC on

From in or about May 2011, up to and including 7, 2011, HECTOR DeLeon," a/k/a XAVIER "Leon," MONSEGUR, a/k/a "Sabu,"

or about June a/k/a "Xavier

the defendant,
l

participated the

in several following
l

cyber among

attacks others:

as part of LulzSec

including

Hack of PBS a. members of LulzSec, In or about May 2011, MONSEGUR in retaliation
13

and other to be

for what they perceived

unfavorable news program systems

news coverage Frontliner
,

of Wikileaks

in an episode

of the PBS

undertook MONSEGUR servers

a cyber attack

on computer without used by and

used by PBS. computer

and others

accessed

authorization PBSr

in Alexandriar

Virginia

stole confidential the website

information

from those serversr

defaced

for the PBS news program a bogus news article

The News Hourr that the deceased

including rapper

by inserting

Tupac Shakur

was alive and living

in New Zealand.

Hack of Sony Pictures b. including From in or about late May 2011r
2011r

up to and in a This

on or about June 7r on computer accessing

MONSEGUR

participated

cyber attack attack

systems used by Sony Pictures. without authorization

included

and stealing servers in

confidential El Segundo,

information California.

from Sony Picturesr

computer

Hack of Sony Music c. including From in or about late May 2011, up to and received vulnerability

on or about June 7r from another computer

2011, MONSEGUR

information

individual systems

on a security

in Sony Music's and Russia. information, computer Music.

in Belgiumr

the Netherlandsr to steal recordsr from

MONSEGUR including

used that vulnerability the release

dates of music

servers MONSEGUR

in Belgium also passed

and the Netherlands to other members
14

used by Sony of LulzSec the

details system

of the security in Russia. Hacks d.

vulnerability

in Sony Music's

computer

of Infragard-Atlanta From in or about

and Unveillance late May 2011, up to and and other members systems used by the

including of LulzSec

on or about June 7, 2011, MONSEGUR launched cyber attacks on computer

Infragard-Atlanta

and Unveillance.

These attacks

included

theft of login credentials, information

passwords,

and other confidential of

from Infragard-Atlanta website. information

and the defacement MONSEGUR

Infragard-Atlanta's conspirators without aecounts used

In addition, gained

and his co-

from this hack to access emails from the email

authorization,

and to download,

of the CEO of Unveillance. Hack of the U.S. Senate e. From in or about late May 2011, up to and received from a security States

including another

on or about June 7, 2011, MONSEGUR and shared with the members in computer systems

hacker

of LulzSec

vulnerability Senate.

used by the United members used that

MONSEGUR

and other LulzSec without

vulnerability systems

to access

authorization

those computer

and to download

confidential

information. Softworks late May 2011, up to and and other members

Hack of Bethesda f. including From in or about

on or about June 7, 2011, MONSEGUR
15

of LulzSec

participated

in a cyber attack Softworks,

on the computer confidential and email accounts.

systems used by Bethesda information, including

stealing

usernames, Statutory

passwords,

Allegations

19. including

From at least in or about May 2011, up to and District "Sabu," of

on or about June 7, 2011, in the Southern HECTOR XAVIER a/k/a MONSEGUR,

New York and elsewhere, a/k/a "Xavier DeLeon,"

a/k/a

"Leon," the defendant, and knowingly,

and others conspired,

known and unknown, confederated, in computer

willfully

combined,

and agreed hacking

together

and with each other to engage of Title 18, United States

in violation

Code, Section 20. that HECTOR DeLeon," unknown,

1030 (a) (5) (A) . It was a part and an object MONSEGUR, a/k/a of the conspiracy "Xavier known and

XAVIER

"Sabu," a/k/a and others

a/k/a

"Leon,"

the defendant,

willfully

and knowingly

would and did cause the code and command, and,

transmission as a result without

of a program,

information,

of such conduct,

did intentionally computer,

cause damage and the loss of

authorization,

to a protected

caused by such behavior Title
1030
(c)

was at least $5,000, Code, Sections

in violation

18, United
(4) (B) (i) .

States

1030(a) (5) (A) and

16

Overt Acts 21. the illegal In furtherance thereof, of the conspiracy and to effect a/k/a

object

HECTOR XAVIER a/k/a

MONSEGUR,

"Sabu," a/k/a committed Southern

"Xavier DeLeon,"

"Leon,"

the defendant, in the

the following District a.

overt acts, among others,

of New York and elsewhere: In or about May 2011, MONSEGUR, while using in a in

a computer

located

in New York/ New York, participated

cyber attack

on computer

systems used by PBS that resulted information and the defacement

the theft of confidential website

of the

for the PBS news program b.

The News Hour.

From in or about late May 2011, up to and while using a in a cyber

including computer attack

on or about June 7, 2011/ MONSEGUR, located

in New York, New York, participated systems used by Sony Pictures information.

on computer

that resulted

in the theft of confidential c. including computer attack

From in or about late May 2011, up to and while using a

on or about June 7, 2011, MONSEGUR, located

in New York, New York, participated systems used by Infragard-Atlanta information

in a cyber that

on computer

resulted

in the theft of confidential and the defacement MONSEGUR

from

Infragard-Atlanta website. information

of Infragard-Atlanta's used

In addition, gained

and his co-conspirators without

from this hack to access
17

authorization{

and to download{

emails

from the email accounts

of the CEO of Unveillance. (Title 18, United States Code, Section COUNT FOUR (Computer Hacking The United 22. In Furtherance further of Fraud) charges: District of New 1030(b).)

States Attorney

In or about 2010{ in the Southern HECTOR XAVIER MONSEGUR, a/k/a

York and elsewhere, "Xavier DeLeon," knowingly, computer furthered

"Sabu{" a/k/a and

a/k/a

"Leon{" the defendant,

willingly

and with

intent to defraud,

accessed

a protected

without

authorization{

and by means

of such conduct to

the intended using

fraud and obtained located

a thing of value,

wit, MONSEGUR{ accessed

a computer

in New York{ New York, systems of a company caused four

without

authorization parts,

the computer and fraudulently

that sells automobile automobile shipped motors

with a value of approximately in New York, New York.

$3{450 to be

to himself

(Title 18{ United States Code, Sections 103 0 (c) (3) (A) and 2.)

1030 (a) (4)

f

COUNT FIVE (Conspiracy The United 23. including to Commit Access Device Fraud)

States Attorney

further

charges:

From at least in or about

2010, up to and District of

on or about June 7, 2011{
18

in the Southern

New York and elsewhere, a/k/a known "Xavier DeLeon," and unknown,

HECTOR XAVIER MONSEGUR, a/k/a

a/k/a

"Sabu,"

"Leon," the defendant, and knowingly

and others

willfully

did combine,

conspire, commit

confederate

and agree together Title 18, United

and with each other to States Code, Section

an offense

under

1029 (a) . 24. that HECTOR DeLeon," It was a part and an object MONSEGUR, a/k/a of the conspiracy "Xavier known and to defraud,

XAVIER

"Sabu," a/k/a and others

a/k/a

"Leon," the defendant, and knowingly, transactions,

'unknown, willfully would

and with intent

and did effect issued of value

with one and more access to receive period payment and other value of of

devices things

to other persons, during a one-year

the aggregate

which was equal Title 18, United

to and greater States

than $1,000,

in violation

Code, Section Overt Acts

1029 (a) (5)

25. the illegal

In furtherance thereof,

of the conspiracy

and to effect a/k/a

object

HECTOR XAVIER MONSEGUR, a/k/a

"Sabu," a/k/a committed Southern

"Xavier DeLeon,"

"Leon," the defendant, in the

the following District a.

overt acts, among others,

of New York and elsewhere: From at least in or about 2010, up to and using a computer card

including located

on or about June 7, 2011, MONSEGUR, dozens

in New York, New York, obtained
19

of credit

numbers

of other

individuals

that he knew to be obtained MONSEGUR obtained

without some of

the authorization these credit

of the cardholders. by hacking MONSEGUR

card numbers

into the computer obtained other

systems

of at least two companies. numbers from an online

credit card

forum known

for providing

stolen credit

card numbers. b. including From at least in or about 2010, up to and while in New York,

on or about June 7, 2011, MONSEGUR, the credit card numbers

New York, used without bills

of other

individuals, to pay his own to make payments

the authorization

of those individuals, made and attempted a one-year period.

and, by such conduct, of $1,000 c. during

in excess

From at least in or about 2010, up to and provided, in to

including exchange

on or about June 7, 2011, MONSEGUR for a fee, credit card numbers herein,

of other knowing

individuals

co-conspirators conspirators than $1,000

not identified

that those coto make more things, bills

planned

to use the credit charges

card numbers

in fraudulent

for, among other

that they owed. (Title 18, United States Code, Section 1029(b) (2).)

20

COUNT SIX (Conspiracy The United 26. including a/k/a to Commit Bank Fraud) further charges:

States Attorney

From at least in or about 2010, up to and MONSEGUR,

on or about June 7, 2011, HECTOR XAVIER a/k/a "Xavier DeLeon," a/k/a

"Sabu,"

"Leon," the and knowingly and with States

defendant,

and others known and unknown, conspire, confederate

willfully

did combine, each other

and agree together

to commit offenses 1344.

under Title 18, united

Code, Section 27. that HECTOR
DeLeon,1I

It was a part and an object MONSEGUR, a/k/a

of the conspiracy "Xavier known and a scheme of

XAVIER

"Sabu," a/k/a and others

a/k/a

"Leon," the defendant, and knowingly would

unknown,

willfully

and did execute

and artifice which were Corporation, securities, and control fraudulent of Title

to defraud

a financial

institution, Deposit

the deposits Insurance assets, the custody

then insured

by the Federal

and to obtain moneys, and other property of, such financial pretenses,

funds, credits,

owned by, and under institution by means

of false and in violation

representations States

and promises, 1344.

18, United

Code, Section Overt Acts

28. the illegal

In furtherance thereof,

of the conspiracy XAVIER

and to effect a/k/a

object

HECTOR
21

MONSEGUR,

"Sabu,"

a/k/a

"Xavier DeLeon,"

a/k/a

"Leon,"

the defendant, in the

committed Southern

the following District a.

overt acts, among others,

of New York and elsewhere: From at least in or about 2010, up to and using a computer and account

including located numbers

on or about June 7, 2011, MONSEGUR,

in New York, New York, obtained for more than a dozen accounts, information numbers including,

the routing together

with personal

identification Social with Security

among other things, names, of individuals associated

and addresses

those accounts. b. From at least in or about 2010, up to and using a computer

including located

on or about June 7, 2011, MONSEGUR,

in New York, New York, transmitted herein the aforementioned personal

to a co-conspirator and account

not identified numbers,

routing

together

with certain knowing

identification would use

information

of others,

that the co-conspirator to which

that information conspirator

to try to obtain monies

the co-

was not entitled. (Title 18, United States Code, Section 1349.)

22

COUNT SEVEN (Aggravated The United 29. including a/k/a Identity Theft) charges:

States Attorney

further

From at least in or about 2010, up to and MONSEGUR, the and of

on or about June 7, 2011, HECTOR XAVIER a/k/a "Xavier DeLeon," and knowingly authority, a/k/a "Leon,"

"Sabu,"

defendant,

willfully lawful

did transfer,

posse~s,

use, without another

a means of identification

person,

during

and in relation States

to a felony violation Code, Section 1028A(c), to

enumerated

in Title

18, United

wit, MONSEGUR things, credit

transferred, Social

possessed, Security

and used, among other account numbers, and

the names, card account

numbers,

numbers

of other persons to commit

in connection access device

with fraud,

his participation as charged

in a conspiracy

in Count

Five of this Information, in a conspiracy

and in connection fraud, as

with his participation charged in Count

to commit bank

Six of this Information. States Code, Sections 1028A and 2.) FOUR

(Title 18, United FORFEITURE 30. offenses HECTOR a/k/a

ALLEGATION

AS TO COUNTS ONE THROUGH of committing One through

As a result in Counts

one or more of the

alleged

Four of this Information, "Xavier DeLeon," to the United States,

XAVIER "Leon,"

MONSEGUR,

a/k/a

"Sabu,1I a/k/a shall forfeit

the defendant,
§

pursuant

to 18 U.S.C.

982(a) (2) (B), any property
23

constituting,

or derived

from, proceeds

obtained

directly

or indirectly

as a

result of one or more of the offenses, to a sum of money as a result representing

including

but not limited obtained

the amount

of proceeds

of one or more of the said offenses. FORFEITURE ALLEGATION AS TO COUNT FIVE the offense alleged a/k/a in

31.

As a result of committing HECTOR a/k/a

Count Five of this Information, "Sabu," a/k/a shall forfeit "Xavier DeLeon," to the United a. property directly pursuant

XAVIER

MONSEGUR,

"Leon,"

the defendant,

States: to 18 U.S.C.
§

982(a) (2) (B), any obtained including of but

constituting, or indirectly

or derived

from, proceeds

as a result of the offense, representing

not limited proceeds

to a sum of money as a result pursuant

the amount and

obtained b.

of the said offense; to 18 U.S.C.
§

1029(c) (1) (C)

I

any

personal offense.

property

used or intended

to be used to commit the said

FORFEITURE 32.

ALLEGATION

AS TO COUNT SIX the offense alleged a/k/a in

As a result

of committing HECTOR a/k/a

Count Six of this "Sabu," a/k/a shall forfeit

Information,

XAVIER "Leon,"

MONSEGUR,

"Xavier DeLeon," to the United

the defendant, to 18 U.S.C. from, of the
§

States,

pursuant

981(a) (2) (A), any property proceeds obtained directly

constituting, or indirectly
24

or derived as a result

offense,

including

but not limited

to, a sum of money obtained as a result of the

representing said offense.

the amount of proceeds

Substitute 33. property,

Assets

Provision forfeitable of the defendant: of due

If any of the above-described of any act or omission

as a result a.

cannot be located upon the exercise

diligence; b. deposited with, has been transferred or sold to, or

a third personi c. has been placed beyond the jurisdiction of

the Court; d. or has been substantially diminished in value;

25

e. which cannot

has been commingled without

with other property

be subdivided

difficultYi pursuant to 18 U.S.C. of any other
§

it is the intent 982 and 21 U.S.C. property

of the United
§

States,

853(p),

to seek forfeiture up to the value

of said defendant property.

of the above

forfeitable

(Title 18, United States Code, Sections 982 (a) (2) (A), 982 (a) (2) (B), and 1029 (c) (1) (C), and Title 21, United States Code, Section 853(p).)

PREET BHARARA

United

States Attorney

26

Form

No.

USA-33s-274

(Ed.

9-25-58)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES
- v.

OF AMERICA
-

HECTOR XAVIER MONSEGUR, a/k/a "Sabu," a/k/a "Xavier DeLeon," a/k/a "Leon,"
I

Defendant.

INFOR.J."4A.TION
11 Cr. (4) 2)
I

(18 U.S.C. §§ 1030(b), 1030(a) 1029(b) (2),1349, 1028A and

United

PREET BHARARA States Attorney.

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