Department of Justice Launches Global Action Against NetWalker Ransomware
Department of Justice Launches Global Action Against NetWalker Ransomware
UNITED STATES DISTRICT COURT ..^3 - _2 pK, D 35
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION CLEP,:', US COUTT
Jvil^ClF- p:Si'-::CT r'JjKlJA
FLORIDA
UNITED STATES OF AMERICA \
CASE NO. 3(:7t.Tfc>zi^fV.
18U.S.C.§371
SEBASTIEN VACHON-DESJARDINS 18 U.S.C. § 1030
18U.S.C. §1343
18 U.S.C. §1349
INDICTMENT
The Grand Jury charges:
COUNT ONE
(Conspiracy to Commit Computer Fraud)
Beginning on an unknown date, but at least as early as in or about April
2020, and continuing through the date of this Indictment, in the Middle
District of Florida and elsewhere, the defendant,
SEBASTIEN VACHON-DESJARDINS,
did knowingly and intentionally conspire and agree with others known and
unknown to the Grand Jury to commit offenses against the United States
related to NetWalker Ransomware attacks, that is:
a. to knowingly cause the transmission of a program,
information, code, and command, and as a result of such conduct,
intentionally cause damage without authorization to a protected computer.
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 1 of 8 PageID 1
and the offense caused and would, if completed, have caused: (i) loss to one or
more persons during a one-year-period and loss from a related course of
conduct affecting one or more protected computers, aggregating at least $5,000
in value; and (ii) damage affecting 10 or more protected computers during a
one-year period, in violation of 18 U.S.C. § 1030(a)(5)(A), (c)(4)(A)(i)(I),
(c)(4)(A)(i)(VI), and (c)(4)(B)(i); and
b. to knowingly and with intent to extort from any person
any money or thing of value, transmit in interstate and foreign commerce any
communication containing a threat to cause damage to a protected computer
and a demand and request for money and other thing of value in relation to
damage to a protected computer, where such damage was caused to facilitate
the extortion, in violation of 18 U.S.C. § 1030(a)(7)(B), (a)(7)(C), and
(c)(3)(A).
The facts of the separate offenses charged in Counts Three and Four are
alleged to be separate overt acts undertaken in furtherance of the conspiracy
and to accomplish the object of the conspiracy and incorporated by reference
as if fully set forth herein as separate overt acts.
All in violation of 18 U.S.C. § 371.
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 2 of 8 PageID 2
COUNT TWO
(Conspiracy to Commit Wire Fraud)
Beginning on an unknown date, but at least from as early as in or about
April 2020, and continuing through the date of this Indictment, in the Middle
District of Florida and elsewhere, the defendant,
SEBASTIEN VACHON-DESJARDINS,
did knowingly and voluntarily combine, conspire, confederate, and agree with
others, both known and unknown to the Grand Jury, to commit wire fraud, by
knowingly and with intent to defraud devising and intending to devise a
scheme and artifice to defraud, and for obtaining money and property, by
means of materially false and fraudulent pretenses, representations and
promises, and, for the purpose of executing the scheme and artifice to defraud,
knowingly transmitting and causing to be transmitted by means of wire, radio,
and television communication in interstate and foreign commerce, any
writings, signs, signals, pictures, and sounds, in violation of 18 U.S.C. § 1343.
All in violation of 18 U.S.C. § 1349.
COUNT THREE
(Intentional Damage to a Protected Computer)
On or about May 1, 2020, in the Middle District of Florida and
elsewhere, the defendant,
SEBASTIEN VACHON-DESJARDINS,
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 3 of 8 PageID 3
did knowingly cause the transmission of a program, information, code, and
command—that is, a program, information, code, and command related to a
NetWalker Ransomware attack on a victim company located in Tampa,
Florida—and knowingly aided and abetted others in doing the same and in
attempting to do the same, and, as a result of such conduct, intentionally
caused damage without authorization to a protected computer, and caused
loss to persons during a one-year period from the defendant's course of
conduct affecting protected computers aggregating at least $5,000 in value,
and caused damage affecting 10 or more protected computers during a oneyear period.
In violation of 18 U.S.C. §§ 1030(a)(5)(A), (c)(4)(A)(i)(I),
(c)(4)(A)(i)(VI), and (c)(4)(B)(i), and 2.
COUNTFOUR
(Transmitting a Demand in Relation to Damaging a Protected Computer)
On or about May 1, 2020, in the Middle District of Florida and
elsewhere, the defendant,
SEBASTIEN VACHON-DESJARDINS,
did knowingly and with intent to extort from any person any money or other
thing of value, transmit in interstate and foreign commerce any
communication containing a threat to obtain information from a protected
computer without authorization and in excess of authorization and to impair
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 4 of 8 PageID 4
the confidentiality of information obtained from a protected computer without
authorization and by exceeding authorized access, and a demand and request
for money and other thing of value in relation to damage to a protected
computer, where such damage was caused to facilitate the extortion—^that is, a
NetWalker Ransomware attack on a victim company located in Tampa,
Florida—and knowingly aided and abetted others in doing the same and in
attempting to do the same.
In violation of 18 U.S.C. §§ 1030(a)(7)(B), (a)(7)(C), (c)(3)(A), and 2.
FORFEITURE
1. The allegations contained in Counts One through Four of this
Indictment are realleged and incorporated as if set forth fully here for the
purpose of alleging forfeiture.
2. Upon conviction of a violation of 18 U.S.C. § 1030, or a
conspiracy to violate 18 U.S.C. § 1030 (18 U.S.C. § 371), the defendant shall
forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(2)(B), any property
constituting, or derived from, proceeds the person obtained directly or
indirectly, as a result of such violation, and pursuant to 18 U.S.C. § 1030(i),
any personal property used or intended to be used to commit the offense.
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 5 of 8 PageID 5
3. Upon conviction of a violation of 18 U.S.C. § 1343, or a
conspiracy to violate 18 U.S.C. § 1343 (18 U.S.C. § 1349), the defendant shall
forfeit to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28
U.S.C. § 2461(c), any property, real or personal, which constitutes or is
derived from proceeds traceable to the offense.
4. The property to be forfeited includes, but is not limited to, a
money judgment in the amount of at least $27,685,907.78, representing the
amount of proceeds obtained by the defendant from the offenses.
5. If any of the property described above, as a result of any act or
omission of the defendant:
a. cannot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third
party;
c. has been placed beyond the jurisdiction of the court;
d. has been substantially diminished in value; or
e. has been commingled with other property which cannot be
divided without difficulty.
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 6 of 8 PageID 6
the United States of America shall be entitled to forfeiture of substitute
property under the provisions of 21 U.S.C. § 853(p), as incorporated by 18
U.S.C.§ 982(b)(1).
By:
By:
By:
By:
A TRUE BILL,
Foreperson
MARIA CHAPA LOPEZ
United States Attorney
Carlton C. Gammons
Assistant United States Attorney
S. Riand^Harj^er
Trial Attorney
Brian Mund
Trial Attorney
Cherie L. Kfeigsman
Assistant United States Attorney
Chief, National Security and Cybercrime Section
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 7 of 8 PageID 7
FORM OBD-34
December 20 No.
UNITED STATES DISTRICT COURT
Middle District of Florida
Tampa Division
THE UNITED STATES OF AMERICA
vs.
SEBASTIEN VACHON-DESJARDINS
INDICTMENT
Violations: 18 U.S.C. §§ 371, 1349, 1343, 1030
A true bill.
Foreperson
Filed in open court this 2"^ day
of December, 2020.
Clerk
Bail $_
GP0863 525
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 8 of 8 PageID 8
UNITED STATES DISTRICT COURT ..^3 - _2 pK, D 35
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION CLEP,:', US COUTT
Jvil^ClF- p:Si'-::CT r'JjKlJA
FLORIDA
UNITED STATES OF AMERICA \
CASE NO. 3(:7t.Tfc>zi^fV.
18U.S.C.§371
SEBASTIEN VACHON-DESJARDINS 18 U.S.C. § 1030
18U.S.C. §1343
18 U.S.C. §1349
INDICTMENT
The Grand Jury charges:
COUNT ONE
(Conspiracy to Commit Computer Fraud)
Beginning on an unknown date, but at least as early as in or about April
2020, and continuing through the date of this Indictment, in the Middle
District of Florida and elsewhere, the defendant,
SEBASTIEN VACHON-DESJARDINS,
did knowingly and intentionally conspire and agree with others known and
unknown to the Grand Jury to commit offenses against the United States
related to NetWalker Ransomware attacks, that is:
a. to knowingly cause the transmission of a program,
information, code, and command, and as a result of such conduct,
intentionally cause damage without authorization to a protected computer.
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 1 of 8 PageID 1
and the offense caused and would, if completed, have caused: (i) loss to one or
more persons during a one-year-period and loss from a related course of
conduct affecting one or more protected computers, aggregating at least $5,000
in value; and (ii) damage affecting 10 or more protected computers during a
one-year period, in violation of 18 U.S.C. § 1030(a)(5)(A), (c)(4)(A)(i)(I),
(c)(4)(A)(i)(VI), and (c)(4)(B)(i); and
b. to knowingly and with intent to extort from any person
any money or thing of value, transmit in interstate and foreign commerce any
communication containing a threat to cause damage to a protected computer
and a demand and request for money and other thing of value in relation to
damage to a protected computer, where such damage was caused to facilitate
the extortion, in violation of 18 U.S.C. § 1030(a)(7)(B), (a)(7)(C), and
(c)(3)(A).
The facts of the separate offenses charged in Counts Three and Four are
alleged to be separate overt acts undertaken in furtherance of the conspiracy
and to accomplish the object of the conspiracy and incorporated by reference
as if fully set forth herein as separate overt acts.
All in violation of 18 U.S.C. § 371.
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 2 of 8 PageID 2
COUNT TWO
(Conspiracy to Commit Wire Fraud)
Beginning on an unknown date, but at least from as early as in or about
April 2020, and continuing through the date of this Indictment, in the Middle
District of Florida and elsewhere, the defendant,
SEBASTIEN VACHON-DESJARDINS,
did knowingly and voluntarily combine, conspire, confederate, and agree with
others, both known and unknown to the Grand Jury, to commit wire fraud, by
knowingly and with intent to defraud devising and intending to devise a
scheme and artifice to defraud, and for obtaining money and property, by
means of materially false and fraudulent pretenses, representations and
promises, and, for the purpose of executing the scheme and artifice to defraud,
knowingly transmitting and causing to be transmitted by means of wire, radio,
and television communication in interstate and foreign commerce, any
writings, signs, signals, pictures, and sounds, in violation of 18 U.S.C. § 1343.
All in violation of 18 U.S.C. § 1349.
COUNT THREE
(Intentional Damage to a Protected Computer)
On or about May 1, 2020, in the Middle District of Florida and
elsewhere, the defendant,
SEBASTIEN VACHON-DESJARDINS,
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 3 of 8 PageID 3
did knowingly cause the transmission of a program, information, code, and
command—that is, a program, information, code, and command related to a
NetWalker Ransomware attack on a victim company located in Tampa,
Florida—and knowingly aided and abetted others in doing the same and in
attempting to do the same, and, as a result of such conduct, intentionally
caused damage without authorization to a protected computer, and caused
loss to persons during a one-year period from the defendant's course of
conduct affecting protected computers aggregating at least $5,000 in value,
and caused damage affecting 10 or more protected computers during a oneyear period.
In violation of 18 U.S.C. §§ 1030(a)(5)(A), (c)(4)(A)(i)(I),
(c)(4)(A)(i)(VI), and (c)(4)(B)(i), and 2.
COUNTFOUR
(Transmitting a Demand in Relation to Damaging a Protected Computer)
On or about May 1, 2020, in the Middle District of Florida and
elsewhere, the defendant,
SEBASTIEN VACHON-DESJARDINS,
did knowingly and with intent to extort from any person any money or other
thing of value, transmit in interstate and foreign commerce any
communication containing a threat to obtain information from a protected
computer without authorization and in excess of authorization and to impair
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 4 of 8 PageID 4
the confidentiality of information obtained from a protected computer without
authorization and by exceeding authorized access, and a demand and request
for money and other thing of value in relation to damage to a protected
computer, where such damage was caused to facilitate the extortion—^that is, a
NetWalker Ransomware attack on a victim company located in Tampa,
Florida—and knowingly aided and abetted others in doing the same and in
attempting to do the same.
In violation of 18 U.S.C. §§ 1030(a)(7)(B), (a)(7)(C), (c)(3)(A), and 2.
FORFEITURE
1. The allegations contained in Counts One through Four of this
Indictment are realleged and incorporated as if set forth fully here for the
purpose of alleging forfeiture.
2. Upon conviction of a violation of 18 U.S.C. § 1030, or a
conspiracy to violate 18 U.S.C. § 1030 (18 U.S.C. § 371), the defendant shall
forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(2)(B), any property
constituting, or derived from, proceeds the person obtained directly or
indirectly, as a result of such violation, and pursuant to 18 U.S.C. § 1030(i),
any personal property used or intended to be used to commit the offense.
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 5 of 8 PageID 5
3. Upon conviction of a violation of 18 U.S.C. § 1343, or a
conspiracy to violate 18 U.S.C. § 1343 (18 U.S.C. § 1349), the defendant shall
forfeit to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28
U.S.C. § 2461(c), any property, real or personal, which constitutes or is
derived from proceeds traceable to the offense.
4. The property to be forfeited includes, but is not limited to, a
money judgment in the amount of at least $27,685,907.78, representing the
amount of proceeds obtained by the defendant from the offenses.
5. If any of the property described above, as a result of any act or
omission of the defendant:
a. cannot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third
party;
c. has been placed beyond the jurisdiction of the court;
d. has been substantially diminished in value; or
e. has been commingled with other property which cannot be
divided without difficulty.
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 6 of 8 PageID 6
the United States of America shall be entitled to forfeiture of substitute
property under the provisions of 21 U.S.C. § 853(p), as incorporated by 18
U.S.C.§ 982(b)(1).
By:
By:
By:
By:
A TRUE BILL,
Foreperson
MARIA CHAPA LOPEZ
United States Attorney
Carlton C. Gammons
Assistant United States Attorney
S. Riand^Harj^er
Trial Attorney
Brian Mund
Trial Attorney
Cherie L. Kfeigsman
Assistant United States Attorney
Chief, National Security and Cybercrime Section
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 7 of 8 PageID 7
FORM OBD-34
December 20 No.
UNITED STATES DISTRICT COURT
Middle District of Florida
Tampa Division
THE UNITED STATES OF AMERICA
vs.
SEBASTIEN VACHON-DESJARDINS
INDICTMENT
Violations: 18 U.S.C. §§ 371, 1349, 1343, 1030
A true bill.
Foreperson
Filed in open court this 2"^ day
of December, 2020.
Clerk
Bail $_
GP0863 525
Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 8 of 8 PageID 8
