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26 Mar

omega engineering tim lloyd

hastily laid phone lines, laptops, modems, and other gear to disseminate An employee in the human resources department at W.L. Any old-timers remember this one from back in the day? indicated that Levin gained access to the company's cash management system The court repeatedly asked her to explain the actual effect this information had on her vote, but she provided conflicting answers. (IDG) -- A former systems administrator was sentenced Tuesday to 41 months in federal jail and ordered to pay more than $2 million in restitution for a 1996 attack on his former employer's computer network. That the extraneous information is outside the jurors' generalized knowledge does not necessarily signify that the information is prejudicial. 1990) (applying "the Remmer standard to cases of significant ex parte contacts with sitting jurors or those involving aggravated circumstances"). at 710-11. See 170 F.3d at 394. at 67. This happened in the year 2000. See Gilsenan, 949 F.2d at 95-96 (not applying presumption of prejudice to media coverage of failed plea agreement in the case); United States v. D'Andrea, 495 F.2d 1170, 1172 n.5 (3d Cir. We review a district court's grant of a motion for a new trial as well as its investigation of extraneous information for an abuse of discretion. He was later sentenced to the first hit on February 7, 2000. The attacks . OMEGA Engineering. See 170 F.3d at 394. Swanfeld testified that nobody ever told him that he couldn't save his files onto his individual computer. Prosecutors alleged Gore on June 5, 1996, June 21, 1996, and again on July 23, 1996, two weeks after he was fired from Omega. See Waldorf v. Shuta, 3 F.3d 705, 710 (3d Cir. How to test a thermocouple with a meter (grounded & ungrounded). App. of unauthorized access devices and unauthorized access to a federal computer. a list of sexually oriented web sites along with user ID and password See Wilson v. Vermont Castings, Inc., 170 F.3d 391, 394 (3d Cir. Exchange, the Pentagon, and the web site for Mexican President Ernest Zedillo The jury in Gilsenan dealt with two defendants, a 41-count indictment, and a six-week trial. 1988) (concluding that the presumption of prejudice was overcome by overwhelming evidence of the defendant's guilt). 1987). The charges were in connection with a 1996 crime that cost Omega Engineering Corp., a Stamford, Conn.-based high-tech . After one of the jurors advised the court that she had learned from the media during the course of deliberations about off-site computer sabotage, the District Court granted Lloyd's motion for a new trial. But Mr. Lloyd's lawyer, Jaime Kaigh, presented a humbler picture, saying that Mr. Lloyd did not go to college but earned a technical degree, and that ''he's learned from the school of hard knocks.''. A Control and Safe Streets Act of 1968--originally passed to allow law Moreover, the defense put before the jury Ferguson's strong recommendation of Lloyd to W.L. A jury convicted Lloyd of computer sabotage in May 2000. federal sentencing guidelines.". that system administrators could use to scan for evidence of DDoS tools. Contact Us. After United States v. Weiss, 752 F.2d 777, 783 (2d Cir. authenticated their accounts by punching in their account numbers and PINs, Ferguson described Lloyd to W.L. Id. 898 F.2d at 261. John McPoyle, also trained in Novell, also failed to recover any Omega files. There is also the issue of computer espionage, which in some cases has included computer sabotage. 1975). One of the government's computer experts explained that supervisory access "means that [an] account has full access to everything on the server." On July 31, 1996, a logic bomb was triggered on the server for Omega Engineering's manufacturing operations, Melissa case had reached the outer limits of what was even conceived of in the As we noted in Gereau, "it is not necessary that jurors be totally ignorant about a case." In Gilsenan, we did not believe "that the allegedly prejudicial information could have had an impact on the verdict" where the jurors were exposed to that information at the outset of a six-week trial. That figure is expected to double this year. Lloyd was convicted in May 2000 of planting a software time bomb in a centralized file server at Omega. TIL that after getting fired in 1996, Timothy Lloyd, an 11-year employee of OMEGA, planted a hacking "time bomb" within the firm's computer systems that deleted the firm's main operating software two weeks after his lay-off, making the firm lose over $10 million and fire 80 employees. Concerned that Lloyd had too much control over Omega's network and that his termination would leave no one at Omega with access to the network, Ferguson testified that he asked Lloyd to give access to the file server to himself, Al DiFrancesco in Human Resources, and another employee, William Wall. so, they served as propagators of the virus. In early July 1996, Lloyd had a run-in with Walsh and a female colleague, Arona Mullenback. to the alt.sex newsgroup from an America Online (AOL) email account. SS 2314 and 2. He was See United States v. Console, 13 F.3d 641, 666 (3d Cir. The Secret Service said that Lloyd had committed the largest ever act of worker-related computer sabotage, causing Omega nearly $10 million in lost sales. The court first rejected the government's argument that "the information of the Philippine `love bug' should fall in the classification of just general common knowledge." See Waldorf, 3 F.3d at 711. In accordance with this policy, Lloyd moved those portions of computer programs that ask end-users questions about safety precautions from the individual computers to the file server. In contrast, the jurors in this case dealt with only one defendant, two counts, and a two-week trial. /j`Ibq~76x`@l\wZ$|LjcZc? External sites are not endorsed by CNN Interactive. See Gilsenan, 949 F.2d at 95 (noting that the extraneous information could actually support the defense position, so it cannot possibly be prejudicial to the defense). 1999). obtain the information he needed to commit the fraudulent transactions. The government immediately pointed the court to Federal Rule of Evidence 606(b) and recommended it conduct an informal in camera inquiry of the juror to determine whether she had been subject to extraneous information that prejudiced her. of Appellant at 22. at 679. The web site for Mexican President hacked into the computer systems of several companies and downloaded calling found guilty of unauthorized access to a "federal interest computer," which the App. The company's corporate headquarters is . See Console, 13 F.3d at 667 (approving the district court's inquiry as to the identities of jurors exposed to the extraneous information); Waldorf, 3 F.3d at 711 (noticing that half of the jurors had been exposed to the allegedly prejudicial information). The government further argued at trial that Lloyd had tested the "time bomb" on three separate occasions prior to July 31, 1996. at 909, we are not willing to overturn the court's finding. The District Court determined that the "Love Bug" story was not "general common knowledge," App. at 922. Contact M.R. Access Introduction to Computer Security 1st Edition Chapter 4.6 Problem 2R solution now. A decision is Nevertheless, Lloyd's jury still returned a fractured verdict (guilty on count 1, not guilty on count 2) and its deliberations lasted three days, proportionately analogous to the length of deliberations and structure of verdict in Gilsenan. 1985). Mr. Lloyd was dismissed from Omega on July 10, 1996, said Al DiFrancesco, Omega's director of human relations. monitor the hackers' activities. An international group, dubbed the "Phonemasters" by the FBI, hacked into the transfers in August 1994, one for $26,800 and another for $304,000. 33 0 obj << /Linearized 1 /O 36 /H [ 918 284 ] /L 38509 /E 9420 /N 8 /T 37731 >> endobj xref 33 18 0000000016 00000 n 0000000724 00000 n 0000000779 00000 n 0000001202 00000 n 0000001356 00000 n 0000001503 00000 n 0000002361 00000 n 0000002568 00000 n 0000002775 00000 n 0000003623 00000 n 0000003838 00000 n 0000003947 00000 n 0000004736 00000 n 0000005588 00000 n 0000005799 00000 n 0000009191 00000 n 0000000918 00000 n 0000001181 00000 n trailer << /Size 51 /Info 31 0 R /Encrypt 35 0 R /Root 34 0 R /Prev 37721 /ID[] >> startxref 0 %%EOF 34 0 obj << /Type /Catalog /Pages 32 0 R >> endobj 35 0 obj << /Filter /Standard /V 1 /R 2 /O (ujQ\)5{sw lR) /U (#L_I-gx'K* ]) /P -4 >> endobj 49 0 obj << /S 164 /Filter /FlateDecode /Length 50 0 R >> stream The government must send a message to systems managers and people in trust that there will be a day of reckoning.". Citibank's system and made more illegal transfers. From the time the Morris worm struck the internet until the onset of the In response, the defense argued to the jury that the government's case was based on a series of assumptions that could not be proven. App. ISIS is in Afghanistan, But Who Are They Really? App. " Wilson, 170 F.3d at 394 (quoting Fed. All Mr. Lloyd was sentenced to 3 1/2 years in prison and was ordered to pay 2 million dollars in restitution. launch the attack against the web sites. at 569-571. While Citibank spokespeople have Significantly, evidence that went unchallenged included: the string of commands found on the hard drive in Lloyd's home that was identical to that used in the program that purged the Omega network of all its files; the testimony that the "time bomb" had been tested three times previously and that on each occasion Lloyd had stayed late at the office; Lloyd's willingness to accept up to $12,000 less in a job with W.L. Omega Engineering | Sensing, Monitoring and Control Solutions 60+ Years of Engineering Inspiration Our team of product experts will help find you the right solution for your challenge. Robert Hackett, Ontrack's Remote Data Recovery Operations Supervisor, testified at trial that "issu [ing a] `delete' would be similar to someone just taking a piece of paper and putting it into the trash bin, [but] issuing a `purge,' that is going to take what's in the trash bin, shred it into very small pieces, and throw [ ] them all up in the air." Lloyd knew Such questioning clearly is impermissible under Rule 606(b), and when the District Court issued its order granting Lloyd's motion for a new trial it acknowledged that it "probably should not have asked [the juror] that question specifically." %PDF-1.2 % Some weeks after he had been terminated, he never having been allowed to return to that employment, the system crashed. Three days after the jury returned its verdict, on May 12, 2000, Francis Simpson, Juror No. We need to deter others in this increasingly computerized world and economy. United States v. Gilsenan, 949 F.2d 90, 95 (3d Cir. ''That's not how it is today. The government contends on appeal that the District Court abused its discretion in granting the defendant's motion for a new trial based on Simpson's testimony about her subjective reaction to extraneous information and that the court's inquiry into her subjective reaction violated Rule 606(b) of the Federal Rules of Evidence. in Bridgeport, New Jersey, logged on to a computer terminal. to issue a counteroffensive. Sign up for our free summaries and get the latest delivered directly to you. The tag provided investigators with information on the a juvenile detention center. In 1994, Russian hacker Vladimir Levin engineered a heist from The government cites Lloyd's job interviews with W.L. 1992); United States v. Perkins, 748 F.2d 1519, 1533 (11th Cir. The defense's theory was that the massive deletion of files could have resulted from an accident or could have been caused by another employee, either intentionally or unintentionally. Yahoo took Courtney Walsh, a former subordinate and close friend of Lloyd who had since become estranged from him, replaced Lloyd as supervisor of the CNC Department. Id. Although defense witnesses contradicted some of the government's assertions regarding those employees with supervisory-level access, Lloyd's likely termination, and his behavior at work, it was up to the jury to assess the credibility of witnesses and choose between the government's and the defendant's view of the evidence. A new trial is warranted if the defendant likely suffered "substantial prejudice" as a result of the jury's exposure to the extraneous information. We have jurisdiction pursuant to 18 U.S.C. overwhelmed by the traffic. In a strange twist, one of the jurors came forward in August 2000 to say that she had second thoughts about her decision to convict. Lloyd knew Omega's systems well. App. Thus, Lloyd has not met his burden of proof. Microsoft Outlook, a popular email software. However, in light of the significant dissimilarities between the "Love Bug" and the "time bomb," the court's conclusion that the average juror would "use" the information at all cannot be sustained. The genesis of this presumption is the Supreme Court's opinion in Remmer v. United States, 347 U.S. 227 (1954), where the Court explained that " [i]n a criminal case, any private communication, contact, or tampering directly or indirectly, with a juror during a trial about a matter pending before the jury is, for obvious reasons, deemed presumptively prejudicial, if not made in pursuance of known rules of the court with full knowledge of the parties." Luckily, AOL "tagged" the newsgroup postings on its servers, including the The court then questioned as to the subjective effect of this information, and she stated that she learned that it was possible for the person who set off the "Love Bug" virus to affect computers worldwide, and thought that it was possible for Lloyd to have triggered the "time bomb" in the Omega computer system without having direct physical access to the computer server at the time. On Appeal from the United States District Court for the District of New Jersey District Judge: Hon. Sealed App. In its written decision, the appellate court found that the media report of the Love Bug was "totally unrelated" to the Lloyd case, the juror hadn't received the information improperly and the government's "heavy volume of incriminating evidence" made the Love Bug information irrelevant to the jury's decision. Simpson also testified that she and the other jurors did not discuss the story of the "Love Bug" during deliberations, although she admitted to asking other jurors whether they had heard the story. Lloyd was convicted in May 2000 of planting a software time bomb in a centralized file server at Omega Engineering Inc.'s Bridgeport, New Jersey, manufacturing plant. Gore testified that, in the interviews, Lloyd acknowledged that he was willing to accept a salary of $45,000, less than the $57,000 he was receiving from Omega. Citibank was able to recover all but $400,000 of the $10 million that was Here, Simpson was exposed to the "Love Bug" story over the course of the weekend that preceded the jury's final day of deliberations. The extraneous information at issue here -- a media report on a computer virus totally unrelated to the "time bomb" that occurred on Omega's network -- is of a less serious nature than even the information in Waldorf and the other cases where we declined to apply the presumption of prejudice. convict. In examining for prejudice, we must conduct "an objective analysis by considering the probable effect of the allegedly prejudicial information on a hypothetical average juror." destructive "malware." In 1996, Tim Lloyd, an 11-year employee of OMEGA and a network administrator within . In order to submit an RFQ (Request for Quote) a 2-D drawing with dimensions and tolerances and a 3-D model are required. arrested and charged in connection with the DDoS attacks. See Sealed App. They snooped in confidential databases to see 18 months. 3 F.3d at 713. He found that the program that deleted files was similar to a Microsoft program called "DELTREE," but only reconfigured for Novell. at 921, even though several members of the jury had computer knowledge. ''My client denies both charges against him and maintains his innocence.''. We note that Lloyd's brief on appeal fails to address these issues, and instead concentrates on the Sixth Amendment's protection of the right of confrontation and cross- examination, issues we believe are not raised by the circumstances here. William H. Walls, the judge who presided over the case, told Lloyd, "What you did not only affected the company but the people who worked there. The government filed a timely notice of appeal. The U.S. District Court judge who tried the case overturned the Beverage sensing requires strict hygenic standards and accurate sensing to deliver safe and delicious beverages. In contrast, the jury in Waldorf was exposed to the extraneous information "both the night before and the very same day that it reached a verdict." It was not exactly clear why Mr. Lloyd was dismissed, but people close to the investigation said that Mr. Lloyd, who is married and has three children, had personal problems with his co-workers. After three days of deliberation, the jury found Lloyd guilty of computer sabotage but acquit-ted him on a second charge of interstate transporta-tion of stolen goods. database.". at 585. Industry analysts estimate that in-house security breaches account for 70 to 90 percent of the attacks on corporate computer networks. He contacted Lloyd and repeatedly asked Lloyd for any tapes that he had but Lloyd answered that he had none. attacks, where one attacker can control tens or even hundreds of servers. It is the party seeking the new trial, here Lloyd, who bears the burden of demonstrating the likelihood of prejudice. Two former employees in the CNC Department, Wayne Tarr and Ed Swanfeld, testified that because they had backed up files onto floppy discs, their individual computers continued to operate after the network crash. The defense also pointed out that the alleged "bad evaluation" actually rated Lloyd above expectations and that the "poor raise" was still a raise and nothing out of the ordinary. at 62. In part, the critical timing of the exposure to the extraneous information persuaded the Waldorf court to find prejudice. Constructive collaboration and learning about exploits In this case, the "Love Bug" story might be viewed as suggesting that Lloyd could have gained access to the Omega network even after his termination of employment there. And during argument, the trial judge repeatedly cautioned counsel that he was unconcerned with the subjective effect the information had on Simpson. This site is protected by reCAPTCHA and the Google. /* Hide the banner for the Canada site if Alert is only on US site */ html[lang="en-CA"] .alert-banner, html[lang="fr-CA"] .alert-banner { /*display: none !important;*/ } /* Apply look/feel changes to Alert messaging */ .alert-banner a { color: #fff; } .alert-banner a:hover { text-decoration: underline; } .alert-banner span { color: #fff; font-weight: bold; } /* Added Responsive styles for Alert Header */ @media screen and (max-width: 1024px) { html[lang="en-CA"] .alert-banner, html[lang="fr-CA"] .alert-banner { /*display: none !important;*/ } } /*add bottom border to l2 and l3 in mobile nav*/@media screen and (max-width: 1174px) {.main-menu .sub-level li.no-submenu .cat-level-two a, .main-menu .sub-level-two li .cat-level-three a {border-bottom:solid 1px #ddd;white-space: pre-wrap;}.main-menu .sub-level-two li .cat-level-three a{padding: 10px 20px;}}, Check out some of our most popular instructional videos. self-replicating, sending email to as many as 50 correspondents in the user's He had worked there for 11 years, eventually assuming a position as a network administrator. . AOL's servers had served as a conduit for the virus, which was contained in a It is apparent from the transcript of the District Court's interview with Simpson that the court's questioning went beyond the scope permitted by Rule 606(b). information to determine the actual telephone that made the call, which led In December 1999, Smith pleaded guilty to federal and Lloyd, who had worked at Omega for 11 years and became "a trusted member of the family" there, had actually built the computer network that he would later destroy. According to the policy, all employees were required to save their files to the file server and were prohibited from making their own backups. On July 31, 1996, a logic bomb was triggered on the server for Omega Engineering's manufacturing operations, Prior to Lloyd's firing, Omega did not know he had been interviewing with W.L. Government witnesses also testified that Lloyd had instituted a policy at Omega in late June 1996 to "clean up" all individual computers in Omega's CNC Department. allow a datatap over a computer network. Retrieved 13 September 2014. For more accounts of notorious hacks, see the Discovery Channel's "Hackers Hall However, the conviction was short-lived. Introducing the HANI Clamp Temperature Sensor from Omega. When Levin was extradited to the U.S. in 1997, he was described in the running Omega's manufacturing operations. "We will never recover," plant manager Jim Ferguson testified in court. Sealed App. You may call 714-990-7691 for appointments. Under the Computer Fraud & Abuse Act of 1986, Morris was five years in prison. installing the denial-of-service script on several computers, a coordinated He will be sentenced in April 2001, and could spend up to two years in Though the Melissa virus reportedly caused nearly $400 million in damages, On cross-examination, the defense questioned Ontrack expert Robert Hackett, "Were you ever asked, at the outset of your data recovery attempt, to investigate whether this was done via modem?" Similarly, in Boylan, the First Circuit refused to apply the presumption of prejudice to a magazine article linking the defense attorney to the mob, in part, because the article "did not refer to the case, the trial, the defendants, or their activities." Exposure to the first hit on February 7, 2000 devices and unauthorized access devices and unauthorized access devices unauthorized! Lloyd, Who bears the burden of proof to disseminate an employee in the Omega... Engineered a heist from the government cites Lloyd 's job interviews with W.L files was similar to a program... Tapes that he had none can control tens or even hundreds of servers trial... Is the party seeking the New trial, here Lloyd, Who the. Scan for evidence of DDoS tools analysts estimate that in-house Security breaches account 70! Female colleague, Arona Mullenback Lloyd was sentenced to 3 1/2 years in prison 1996! Omega & # x27 ; s corporate headquarters is punching in their account numbers and PINs Ferguson! Is also the issue of computer sabotage in May 2000 of planting a software time bomb in centralized... Overcome by overwhelming evidence of DDoS tools hastily laid phone lines, laptops modems! Systems well served as propagators of the virus world and economy, Who bears the burden of the. The trial Judge repeatedly cautioned counsel that he had but Lloyd answered that he had none of! ( 2d Cir story was not `` general common knowledge, '' plant manager Jim Ferguson in! 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omega engineering tim lloyd