Indictment (ViSalus)
Indictment (ViSalus)
Indictment (ViSalus)
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Wlnittii States; district Court
FOR THE
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UNITED STATES OF
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DEFENDANT(S).
INDICTMENT
VIOLATIONS: 18 U.S.C. 1030(b) -Conspiracy; 18 U.S.C. 1030(a)(2)(C), (c)(2)
(B)(i)-Accessing a Protected Computer and Obtaining Information; 18 U.S.C. 2511
(1)(a)-lnterception of Electronic Communications; 18 U.S.C. 2-Aiding and Abetting
AH.
Clerk
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SEALED BY ORDER
United States District Court OF THE COURT
Northern District of California
JAN -
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Instructions: Effective January 3, 2012, this Criminal Cover Sheet must be completed and submitted, along^fij-the
Defendant Information Form, for each new criminal case.
^On>!~c~i-'?'i*'0 &. .
Case Number:
Case Name:
8 or more
Yes
No
Does this case involve ONLY charges under 8 U.S.C. 1325 and/or 1326?
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Yes
No
[7
Date Submitted:
No
January 7, 2015
Comments:
Clear Form
July 2013
SEALED BY ORDER
OF THE COURT
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CAjp:
v.
NATHAN MOSER,
PETER SIRAGUSA,
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TRENT WILLIAMS,
CARLO PACILEO, and
SUMIT GUPTA,
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Defendants.
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INDICTMENT
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At all times relevant to this indictment, unless otherwise stated, with all dates given being both
approximate and inclusive:
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The Defendants
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2.
investigator and owner ofSiragusa Investigations in Novato, California. Although MOSER and
SIRAGUSA operated separate business entities, they often assisted in each other's investigations.
ViSalus, a network marketing company based inLos Angeles, California, with offices in Troy,
Michigan.
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MOSER and SIRAGUSA to access the e-mailaccounts, Skype accounts, and protected computers of
5. SUMITGUPTA, aka "Sumit Vishnoi,"of Jabalapur, India, was a computer hacker employed
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byMOSER and SIRAGUSA to access the e-mail accounts, Skype accounts, and protected computers of
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The Victims
6. K.J.D. and F.N. were co-founders of Ocean Avenue, a network marketing company based in
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South Jordan, Utah. Ocean Avenue was a competitorof ViSalus and had hired several former ViSalus
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employees. As a result, Visalus initiated a civil lawsuit against Ocean Avenue employees. ViSalus hired
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MOSERto investigate OceanAvenue. MOSER enlisted SIRAGUSA to assist with that investigation.
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7. K.T. was chief marketing officer at Ocean Avenue and a former employee of ViSalus.
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design automation software, and process and device simulation software, based in Santa Clara,
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California. Silvaco was co-founded by LP., who had a child out of wedlock with J.C. After I.P.'s death,
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J.C. sued I.P.'s estate and Silvaco for child supportand employment benefits. I.P.'s widow, K.P., hired
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SIRAGUSAto investigate J.C. SIRAGUSA enlisted MOSER to assist with that investigation.
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COUNT ONE: (18 U.S.C. 1030(b) Conspiracy to Commit an Offense Under 18 U.S.C. 1030(a))
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9.
Paragraphs 1 through 8 are realleged and incorporated as if fully set forth here.
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10.
Beginning at a time unknown to the Grand Jury, but no later than April 2012, and
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continuing at least to June 2013, in the Northern District of Californiaand elsewhere, the defendants,
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//
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NATHAN MOSER,
PETER SIRAGUSA,
TRENT WILLIAMS,
SUMIT GUPTA,
did knowingly conspire and agree with each other and other persons known and unknown to the
Grand Jury to commit an offense under 18 U.S.C. 1030(a)(2)(C), that is, to access, without
authorization and for purposes ofcommercial advantage and private financial gain, the e-mail accounts,
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The object of the conspiracy was to obtain information that would assist the clients of
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MOSER and SIRAGUSA, including CARLO PACILEO and K.P., in the clients' civil lawsuits.
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MOSER and SIRAGUSA hired TRENT WILLIAMS and SUMIT GUPTA, among others, to hack into
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12.
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It was part of the conspiracy that, in addition to accessing e-mail accounts, Skype
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accounts, and protected computers without authorization, the defendants installed and used a
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keyloggera tool that intercepts and logs the particular keys struck on a keyboard in a covert manner so
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that the person using the keyboard is unaware that his or her actions are being monitoredto obtain
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information that would assist in the civil lawsuits of MOSER and SIRAGUSA's clients.
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It was further part of the conspiracy that MOSER, SIRAGUSA, and WILLIAMS set up
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the e-mail account, krowten.a.lortnoc@gmail.com, to which they all had access, to communicate with
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one another. MOSER and WILLIAMS communicated by writing draft e-mails in the account, which
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could be deleted after the message was read. SIRAGUSA typically communicated with WILLIAMS by
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vishsumit@gmail.com.
All in violation of Title 18, United States Code, Sections 1030(b) and 1030(c)(2)(B)(i).
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//
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//
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On the dates set forth below, in the Northern District of California and elsewhere, the
defendants,
NATHAN MOSER,
PETER SIRAGUSA,
TRENT WILLIAMS,
CARLO PACILEO, and
SUMIT GUPTA,
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acting for the purposes of commercial advantage and private financial gain, did intentionally access a
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protected computer without authorization and exceed authorized access, and thereby obtain information
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from a protected computer, as set forth in each of Counts Two through Eight:
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Count
Date
Account/Computer Type
Account/Computer Holder
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02/23/2013
K.J.D.
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03/18/2013
Skype
K.J.D.andF.N.
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04/06/2013
E-mail.
K.T.
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04/07/2013
K.T.
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04/09/2013
J.C.
04/17/2013
J.C.
06/14/13 to 06/18/13
J.C.
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All in violation of Title 18, United States Code, Sections 1030(a)(2)(C), (c)(2)(B)(i) and 2.
COUNT NINE: (18 U.S.C. 2511(1 )(a), 4(a) Interception of Electronic Communications; 18 U.S.C.
2 Aiding and Abetting)
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On April 26,2013, in the Northern District ofCalifornia and elsewhere, the defendants,
NATHAN MOSER,
PETER SIRAGUSA,
TRENT WILLIAMS,
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did intentionally intercept, endeavor to intercept, procure another person to intercept, and procure
another person to endeavor to intercept, an electronic communication, thatis, they attempted to install a
All in violationofTitle 18, United States Code, Sections 251l(l)(a), (4)(a), and 2.
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COUNT TEN: (18 U.S.C. 251 l(l)(a), 4(a) Interception of Electronic Communications; 18U.S.C.
2 Aiding and Abetting)
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Beginning no later than May 2013, and continuing until June 18,2013, in the Northern
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NATHAN MOSER,
PETER SIRAGUSA,
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did intentionally intercept, endeavor to intercept, procure another person to intercept, and procure
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another person to endeavor to intercept, an electronic communication, that is, they installed a keylogger
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All in violation of Title 18,United States Code, Sections 251 l(l)(a), (4)(a), and 2.
A TRUE
DATED:
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MELINDA HAAG
United Stale^ttopapy
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MATTHEW A. PARRELLA
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J
AUSA
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LLA
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