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