←back to thread

989 points heavyset_go | 1 comments | | HN request time: 0.201s | source
Show context
tptacek ◴[] No.45261951[source]
For whatever it's worth, the Reddit story here says that the federal courts used "fraudulent warrants to jail my husband again". Maybe! The other side of that story, via PACER, is a detailed parole violation warrant (you can hear the marshal refer to it in the video); the violations in that warrant:

1. Admitting to using cannabis during supervised release

2. Failing to make scheduled restitution payments and to cooperate with the financial investigation that sets restitution payment amounts.

3. Falling out of contact with his probation officer, who attempted home visits to find him.

4. Opening several new lines of credit.

5. Using an unauthorized iPhone (all his Internet devices apparently have keyloggers as a condition of his release).

These read like kind of standard parole terms? I don't know what the hell happened to get him into this situation in the first place, though.

replies(13): >>45261987 #>>45262004 #>>45262031 #>>45262032 #>>45262053 #>>45262096 #>>45262107 #>>45262359 #>>45262427 #>>45262489 #>>45262691 #>>45263190 #>>45263322 #
tptacek ◴[] No.45262053[source]
OK, I think I found the original thing Rockenhaus was convicted of.

Back in 2014, Rockenhaus worked for a travel booking company. He was fired. He used stale VPN access to connect back to the company's infrastructure, and then detached a SCSI LUN from the server cluster, crashing it. The company, not knowing he was involved, retained him to help diagnose and fix the problem. During the investigation, the company figured out he caused the crash, and terminated him again. He then somehow gained access to their disaster recovery facility and physically fucked up a bunch of servers. They were down a total of about 30 days and incurred $500k in losses.

(He plead this case out, so these are I guess uncontested claims).

replies(12): >>45262123 #>>45262144 #>>45262161 #>>45262367 #>>45262384 #>>45262386 #>>45262724 #>>45262818 #>>45262976 #>>45263837 #>>45263945 #>>45264601 #
petcat ◴[] No.45262161[source]
If all of that is true, then that is a very serious CFAA charge. It makes sense that they would want to downplay it as "minor" and "not relevant". It sounds like the parole violations came later? In any case, thank you for researching. There is always more to the story.
replies(3): >>45262268 #>>45262432 #>>45262527 #
mothballed ◴[] No.45262527[source]
Weev 'violated' the CFAA for incrementing a GET request, with his overturned conviction only for wrong jurisdiction. So the government has put us in a position where it's hard to take the CFAA seriously.

We also know from prosecutions in other statutes that the government will often prosecute a a broad crime with many separate sub-definitions of the various way you can break it, then refuse to tell you under which sub-definition you're being charged, meaning you have no way to know if the jury even were unanimously convicting for the same thing and no way to know what you're even defending against.

replies(8): >>45262557 #>>45262571 #>>45262622 #>>45262628 #>>45262637 #>>45262699 #>>45263111 #>>45269890 #
aw1621107 ◴[] No.45262699[source]
> We also know from prosecutions in other statutes that the government will often prosecute a a broad crime with many separate sub-definitions of the various way you can break it, then refuse to tell you under which sub-definition you're being charged, meaning you have no way to know if the jury even were unanimously convicting for the same thing and no way to know what you're even defending against.

Could you give some examples of this?

replies(1): >>45262812 #
mothballed ◴[] No.45262812[source]
Yes, https://www.courtlistener.com/docket/63291773/united-states-....

Navy sailor was convicted of possessing machine guns and destructive devices.

The ATF for example put back together de-milled RPGs, which could be a destructive device

However the statute says the following:

   (2) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes; and (3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled.
The ATF took his demilled RPG, put another gun (owned by the ATF) inside of it, then fired it to prove it had a bore over 0.5 inch capable of expelling projectile.

But the state didn't tell him under what definition he was charged, so they didn't know if they were defending against the collection of parts the ATF took (falls under 3), or against the weapon the ATF claimed it was after they put the parts together (which falls under 2).

replies(2): >>45263736 #>>45264588 #
1. DannyBee ◴[] No.45264588[source]
The normal answer to this is to request a bill of particulars, which was not requested here (afaict from the docket).

I think there is some slightly down-in-the-weeds confusion here - what does an indictment require vs ...

I think they screwed this up at trial and then tried to argue the indictment was insufficient, but i doubt they will get any appeals court to bite on this.

I posted it elsewhere, but you can listen to the oral argument of the appeal here:

https://www.ca4.uscourts.gov/OAarchive/mp3/23-4451-20250912....

It is a very accessible argument (in the sense of not need legal knowledge to usefully process it).

You can hear the judges sort of struggle to understand how this is an indicment opportunity, but really do seem to be trying to understand. They give counsel an opportunity to try to distinguish and explain things. Att around 10 minutes, one of the judges asks counsel for the bset case he has that says he's right, and he can't come up with one at all.

Which is probably the point at which he lost this appeal. :)

As i said elsehwere, i don't blame the lawyer - this seems like it woudl be a very hard case to win because of choices made at the level below. They are essentially arguing things they know will lose because nobody objected to things they should have at the level below.