Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 1 of 8 PageID 1
`
`UNITED STATES DISTRICT COURT ..^3 - _2 pK, D 35
`MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
`
`COUTT
`CLEP,:', US
`Jvil^ClF- p:Si'-::CT r'JjKlJA
`FLORIDA
`
`UNITED STATES OF AMERICA
`
`\
`
`V.
`
`SEBASTIEN VACHON-DESJARDINS
`
`3(:7t.Tfc>zi^f-
`
`CASE NO.
`
`18U.S.C.§371
`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.
`
`
`
`UNITED STATES DISTRICT COURT ..^3 - _2 pK, D 35
`MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
`
`COUTT
`CLEP,:', US
`Jvil^ClF- p:Si'-::CT r'JjKlJA
`FLORIDA
`
`UNITED STATES OF AMERICA
`
`\
`
`V.
`
`SEBASTIEN VACHON-DESJARDINS
`
`3(:7t.Tfc>zi^f-
`
`CASE NO.
`
`18U.S.C.§371
`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 2 of 8 PageID 2
`
`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 3 of 8 PageID 3
`
`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 4 of 8 PageID 4
`
`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 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 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 5 of 8 PageID 5
`
`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 6 of 8 PageID 6
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`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 7 of 8 PageID 7
`
`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).
`
`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
`
`By:
`
`By:
`
`By:
`
`By:
`
`Cherie L. Kfeigsman
`Assistant United States Attorney
`Chief, National Security and Cybercrime Section
`
`
`
`FORM OBD-34
`December 20
`
`Case 8:20-cr-00366-WFJ-SPF Document 1 Filed 12/02/20 Page 8 of 8 PageID 8
`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
`
`
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