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Prosecutors Reveal ‘Securities Fraud on Cyber Steroids’

The investigation into a huge cyberattack on JP Morgan Chase last year has exposed one of the largest computer hacking and fraud schemes to date.

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According to U.S. prosecutors, Gery Shalon, Joshua Samuel Aaron and Ziv Orenstein, all from Israel, hacked a total of 12 companies to expose the personal information of more than 100 million people, netting hundreds of millions of dollars in profit. The men face 23 criminal counts, including wire fraud, computer hacking, illegal internet gambling and money laundering, with alleged crimes targeting 12 companies, including nine financial services companies and media outlets including the Wall Street Journal. Investigators say their massive criminal empire used 75 shell companies that employed hundreds of people, and hacked seven major banks, ran an online casino, laundered money around the world and set up an illegal Bitcoin trading operation.

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“It is hacking in support of a diversified criminal conglomerate,” said Preet Bharara, U.S. attorney for the Southern District of New York. “In short, it is hacking as a business model.”

In addition to the hack of JP Morgan, which U.S. Attorney General Loretta Lynch called “the largest theft of customer data from a U.S. financial institution” and exposed the personal information of 83 million customers, the criminals also attacked E*Trade Financial Corp., TD Ameritrade, Scottrade Inc., Fidelity Investments and News Corp’s Dow Jones, which publishes the Wall Street Journal. The breaches date as far back as 2007.

“By any measure, the data breaches at these firms were breathtaking in scope and in size,” Bharara said. “This showcases a brave new world of hacking for profit.”

Breaking into these financial institutions gave the attackers information to target specific people, and gave them extra insight into the stock market. According to the indictment, they used the customer data to contact individuals and push them to buy stocks in order to manipulate their prices. In addition to the pump-and-dump scheme, sometimes the defendants reportedly engineered mergers with shell companies to create publicly traded stocks that could be manipulated.

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Bharara called the scheme “securities fraud on cyber steroids.”

Beginning in 2012, in addition to disguising payments and constantly obtaining new bank accounts, the men further tried to evade detection by hacking into a company that assessed merchant risk for credit-card issuers. The breach allowed the defendants to read employees’ emails and figure out how to sidestep the company’s efforts to monitor illegal payments, according to the indictment.

The defendants are also accused of operating at least 12 illegal internet casinos, even launching cyberattacks against rival gambling businesses to review executives’ email and gain a competitive edge. Shalon hacked competitors’ customer databases and directed denial of service attacks to shut down their businesses.

Several compliance officers may soon feel the heat as well: the investigation found that, in operating the online casinos and illegal pharmaceutical payment processing enterprises, the co-conspirators deceived financial institutions into processing and authorizing payments between the casino companies and others. “They colluded with corrupt international bank officials who willfully ignored its criminal nature in order to profit from, as a co-conspirator described it to Shalon, their payment processing ‘casino/software/pharmaceutical cocktail’,” the indictment charges.

According to prosecutors, the case illustrates the growing power of criminals and their tools, and makes such crimes particularly difficult to solve. But it may also highlight one key resource to do so: self-reporting to law enforcement. Officials credited JP Morgan’s early cooperation for helping to uncover the network of criminal activity. The firm came forward early on to share information with the government, a move many forensic investigators encourage.
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This case provides one of the clearest examples of why: hackers frequently use the same schemes to target a swath of companies in a given industry. While many companies worry about the reputational and regulatory risks of disclosing a breach to law enforcement, as hackers grow more sophisticated in their techniques and complex in their operations, it may prove an ever more critical step in the breach response and investigation process.

“Shalon, Aaron, and their co-conspirators allegedly robbed victim companies, often for months at a time, stealing the contact information of tens of millions of customers,” said FBI Assistant Director-in-Charge Diego Rodriguez. “They cloaked themselves in secrecy, but their methods rivaled those of the traditional masked robber. Today’s indictment sheds light on an increasingly complex threat. But just as criminals continue to develop relationships with one another in order to advance their objectives, the law enforcement community has developed a collaborative approach to fighting these types of crimes.”

Canada Approves National Bitcoin Regulation

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In our May cover story, “Making Cents of Bitcoin,” I wrote about the risks of bitcoin and other digital currency given the current lack of regulation or oversight. Without more guidance and structure for digital currency, the extreme risks of volatile values and considerable illegal activity are simply too high to generate viable widespread adoption.

As Cyrus R. Vance, district attorney of New York County, said, “Without stronger government oversight in this area I believe we are going to be permitting cybercriminals, identity thieves and even traffickers of child pornography and other criminal actors to operate in what would be a digital Wild West.”

In March, the Monetary Authority of Singapore (MAS) announced plans to require intermediaries that facilitate digital currency exchange to verify customers’ identities and report suspicious transactions. Here in the United States, the Financial Crimes Enforcement Network issued guidance stating that anyone operating an exchange for virtual currencies would be considered to be running a money transmitting business.

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By doing so, FinCEN required exchanges to collect information about customers, as mandated under Bank Secrecy Act regulations intended to prevent transactions through anonymous accounts. The IRS also announced plans to tax bitcoin as income or property, not currency. Yet no country had really taken action to regulate virtual currency.

Now, Canada may become the first nation to try. One provision of a new Canadian budget law amends anti-money laundering and counter-terrorist financing laws to regulate virtual currencies, the Wall Street Journal reported. The measure makes digital currencies subject to the same reporting requirements as other money-services businesses.

According to the WSJ:

In addition to the money services business treatment, digital-currency exchanges will have to register with the Financial Transactions and Reports Analysis Centre of Canada, or Fintrac. With that registration comes requirements to report suspicious transactions, keep certain records, implement compliance programs and determine if any of their customers are politically exposed people. And the law is extraterritorial: It captures foreign companies that have a place of business in Canada and those directing services at Canadians.

“Canada approving a national Bitcoin law as a matter of anti-money laundering law should not be discounted,” Canadian barrister and solicitor Cristine Duhaime wrote on her firm’s website. “It is important not only because it may be the first Bitcoin national law but also because most countries may now follow suit because of their membership in the Financial Action Task Force.”

The FATF is an international body that sets standards on anti-money laundering and counter-terrorist financing policy. Failure to comply with those standards can result in a country being blacklisted as high-risk or uncooperative, making it more expensive and more difficult to do business with member states.

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According to Duhaime, the five most important aspects of the new legislation are:

  1. Regulates Bitcoin as MSB – Bitcoin dealing, more specifically referred to as “dealing in virtual currencies” in Bill C-31, will be subject to the record keeping, verification procedures, suspicious transaction reporting and registration requirements under the PCMLTFA as a money services business.
  2. Does not define “dealing in virtual currencies” – The phrase “dealing in virtual currencies” was left undefined and it is not known what the defined term will encompass in terms of business activities once defined by regulation.
  3. Registration with FINTRAC – Bitcoin dealers will be required to register with FINTRAC and if successfully registered, to implement a complete anti-money laundering compliance regime.
  4. Captures foreign Bitcoin companies targeting Canada – Bill C-31 extends to: (a) entities that have a place of business in Canada; and (b) entities that have a place of business outside Canada but who direct services at persons or entities in Canada. Bitcoin businesses in Canada, however, that provide services to persons or entities outside of Canada are exempt from Bill C-31 for those external services.
  5. Prohibits banks from opening accounts for Bitcoin entities if unregistered – Under Bill C-31, banks will be prohibited from opening and maintaining correspondent banking relationships with Bitcoin dealers that are not registered with FINTRAC. This is an extremely important aspect of Bill C-31 and Bitcoin businesses should ensure they understand what a correspondent banking relationship is and how it can affect the provisions of banking services to them.

Implementation of the new Canadian law may take up to a year, Dunhaime wrote.

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