Computer Crimes

Computer crimes, or cybercrimes, have become ever more common in this digital age. Federal and state law enforcement agencies have established computer crime units to identify and investigate persons engaged in illegal activities. Federally, the FBI is the lead agency investigating cyber attacks and intrusions.

The National Cyber Investigative Joint Task Force (NCIJTF) was established in 2008 and works closely with 30 other law enforcement, intelligence, and DOJ representatives. This agency, working in collaboration with its partners, is focused on identifying those engaged in computer crimes and putting them behind bars.

If you have been contacted by a federal or state investigatory agency, you are in a dangerous legal position. You must exercise your right to remain silent and immediately seek the help of a computer crime defense lawyer who can help you navigate the system and who will initiate the actions that could lead to a more positive outcome.

Types of computer crimes

Some of the most common types of computer crimes include:

• • Phishing: This crime involves the use of fake email messages to attempt to harvest private information.
  • Identity theft: The use of another party’s identity for financial gain, including debit or credit card fraud.
  • Hacking: The act of exploiting weaknesses in security on a website or network to gain access to personal or business information.
  • Intellectual property infringements: The sale of counterfeit goods, content theft, patent infringement, piracy, or other action that causes damage to the legal owners.
  • Cyberstalking: Online harassment of another individual, posting of threatening or abusive messages, and cyberbullying.
  • Malware or spyware: Illegally accessing a network or website, placing spyware or malware to gain access to private information, or as an act to disrupt an organization and seek financial gain.
  • Cyber extortion: Under the federal Computer Fraud and Abuse Act, it is a criminal act to threaten to damage another party’s computer system to extort money.

Charged with a computer crime?

If you are facing charges related to any computer crime, you need legal representation immediately. Many cybercrime investigations have been ongoing for months or even years. The volume of evidence gathered against you may be significant. Your rights as a defendant must be zealously protected.

Whether you were involved in an illegal act or had no knowledge of the act, you are facing a very stressful legal situation that may lead to severe consequences if you are convicted. Your computer crime defense lawyer must initiate immediate action to defend you.

Defenses for computer crime cases

Every case has a unique set of circumstances and evidence. The first step in defending against charges related to a computer offense is a full review and evaluation of the evidence that led to your arrest. This allows your attorney to discover any weaknesses in the case against you or identify any violations of rights. Some of the options that may be present to defend against charges of cybercrime include:

• You are wrongfully accused.
• Other parties had access and may be responsible.
• Questioning the validity of data presented by prosecution witnesses.
• Illegal search and seizure or other rights violations.
• Challenging the conclusions of state or federal computer experts.

Facing A Computer Crime Investigation? Answers To The Questions We Hear Most.

Computer crime cases move quickly, and the decisions you make in the first few hours can shape the outcome. Whether you are a business owner, an IT professional, a security researcher or someone who simply landed on the government’s radar, you likely have urgent questions. Below, we answer the ones our clients ask most often.

1. How do state and federal computer crime charges differ in California?

California prosecutes computer offenses under its own law, the Comprehensive Computer Data Access and Fraud Act (Penal Code 502). Cases that involve interstate commerce, government systems or major financial institutions often move to federal court instead. There, the evidentiary rules and sentencing framework are considerably more complicated. We evaluate which system your case is likely to land in early on because that shapes the entire defense strategy.

2. How does the “loss amount” affect a federal cybercrime sentence?

In federal court, “loss” means more than the money taken. It can also include what the victim spent investigating the breach and restoring affected systems. Under the Federal Sentencing Guidelines, a higher loss figure can raise your offense level substantially and, with it, your potential sentence. We scrutinize how the government calculates loss because officials frequently inflate those numbers or calculate figures that defendants can challenge.

3. What should I do if federal agents seize my computers or phones?

Do not hand over passwords or encryption keys unless an attorney is present. A search warrant lets agents take your hardware, but it does not necessarily require you to unlock it. Your Fifth Amendment rights may protect you from being compelled to decrypt your own data, though courts continue to wrestle with this issue. Call us right away so we can protect your rights before you say or do anything further.

4. Is “white hat” hacking or security research legal in the Bay Area?

Authorization, intent and scope define the line between security research and criminal conduct. Under the Department of Justice’s (DOJ) updated charging policy for the Computer Fraud and Abuse Act (CFAA), the department directs federal prosecutors not to criminally charge individuals who conduct “good faith security research.” This means accessing a system solely to test, investigate or correct a vulnerability and doing so in a way that avoids harm to the public.

However, this policy change is merely an internal DOJ guideline – it is not a binding law. It does not protect you from civil lawsuits by private companies, nor does it override state laws like California’s Penal Code 502, which still penalizes unauthorized access. If you stray outside the boundaries of an explicit bug bounty program or if your research is paired with any demand for money, the government will quickly classify your actions as extortion or malicious hacking rather than legitimate research.

Every case is different, and these answers are general information, not legal advice for your situation. If federal agents investigate you, contact you or seize your devices, do not wait. Call us.

TheHickey & Chung, LLP, Difference

At Hickey & Chung, LLP, we have access to some of the most talented and professional computer experts. These cases are typically based on facts gathered by computer experts who will present what they have found in court. Our professional resources are often able to challenge the conclusions of the prosecution witnesses by presenting alternative facts.

It is imperative that your defense is managed by a law firm that has the resources and experience to develop a strong case for your defense and the negotiating skills to pursue a favorable outcome, whether a case dismissal, reduced charged, reduced sentence, plea deal, or another alternative. Contact us today for assistance.