The Dark Nexus Between Harm Groups and ‘The Com’

A cyberattack that shut down two of the top casinos in Las Vegas last year quickly became one of the most riveting security stories of 2023. It was the first known case of native English-speaking hackers in the United States and Britain teaming up with ransomware gangs based in Russia. But that made-for-Hollywood narrative has eclipsed a far more hideous trend: Many of these young, Western cybercriminals are also members of fast-growing online groups that exist solely to bully, stalk, harass and extort vulnerable teens into physically harming themselves and others.

In September 2023, a Russian ransomware group known as ALPHV/Black Cat claimed credit for an intrusion at the MGM Resorts hotel chain that quickly brought MGM’s casinos in Las Vegas to a standstill. While MGM was still trying to evict the intruders from its systems, an individual who claimed to have firsthand knowledge of the hack contacted multiple media outlets to offer interviews about how it all went down.

One account of the hack came from a 17-year-old in the United Kingdom, who told reporters the intrusion began when one of the English-speaking hackers phoned a tech support person at MGM and tricked them into resetting the password for an employee account.

The security firm CrowdStrike dubbed the group “Scattered Spider,” a recognition that the MGM hackers came from different cliques scattered across an ocean of Telegram and Discord servers dedicated to financially-oriented cybercrime.

Collectively, this archipelago of crime-focused chat communities is known as “The Com,” and it functions as a kind of distributed cybercriminal social network that facilitates instant collaboration.

But mostly, The Com is a place where cybercriminals go to boast about their exploits and standing within the community, or to knock others down a peg or two. Top Com members are constantly sniping over who pulled off the most impressive heists, or who has accumulated the biggest pile of stolen virtual currencies.

And as often as they extort victim companies for financial gain, members of The Com are trying to wrest stolen money from their cybercriminal rivals — often in ways that spill over into physical violence in the real world.

CrowdStrike would go on to produce and sell Scattered Spider action figures, and it featured a life-sized Scattered Spider sculpture at this year’s RSA Security Conference in San Francisco.

But marketing security products and services based on specific cybercriminal groups can be tricky, particularly if it turns out that robbing and extorting victims is by no means the most abhorrent activity those groups engage in on a daily basis.

KrebsOnSecurity examined the Telegram user ID number of the account that offered media interviews about the MGM hack — which corresponds to the screen name “@Holy” — and found the same account was used across a number of cybercrime channels that are entirely focused on extorting young people into harming themselves or others, and recording the harm on video.

HOLY NAZI

Holy was known to possess multiple prized Telegram usernames, including @bomb, @halo, and @cute, as well as one of the highest-priced Telegram usernames ever put up for sale: @nazi.

In one post on a Telegram channel dedicated to youth extortion, this same user can be seen asking if anyone knows the current Telegram handles for several core members of 764, an extremist group known for victimizing children through coordinated online campaigns of extortion, doxing, swatting and harassment.

People affiliated with harm groups like 764 will often recruit new members by lurking on gaming platforms, social media sites and mobile applications that are popular with young people, including Discord, Minecraft, Roblox, Steam, Telegram, and Twitch.

“This type of offence usually starts with a direct message through gaming platforms and can move to more private chatrooms on other virtual platforms, typically one with video enabled features, where the conversation quickly becomes sexualized or violent,” warns a recent alert from the Royal Canadian Mounted Police (RCMP) about the rise of sextortion groups on social media channels.

“One of the tactics being used by these actors is sextortion, however, they are not using it to extract money or for sexual gratification,” the RCMP continued. “Instead they use it to further manipulate and control victims to produce more harmful and violent content as part of their ideological objectives and radicalization pathway.”

The 764 network is among the most populated harm communities, but there are plenty more. Some of the largest such known groups include CVLT, Court, Kaskar, Leak Society, 7997, 8884, 2992, 6996, 555, Slit Town, 545, 404, NMK, 303, and H3ll.

In March, a consortium of reporters from Wired, Der Spiegel, Recorder and The Washington Post examined millions of messages across more than 50 Discord and Telegram chat groups.

“The abuse perpetrated by members of com groups is extreme,” Wired’s Ali Winston wrote. “They have coerced children into sexual abuse or self-harm, causing them to deeply lacerate their bodies to carve ‘cutsigns’ of an abuser’s online alias into their skin.” The story continues:

“Victims have flushed their heads in toilets, attacked their siblings, killed their pets, and in some extreme instances, attempted or died by suicide. Court records from the United States and European nations reveal participants in this network have also been accused of robberies, in-person sexual abuse of minors, kidnapping, weapons violations, swatting, and murder.”

“Some members of the network extort children for sexual pleasure, some for power and control. Some do it merely for the kick that comes from manipulation. Others sell the explicit CSAM content produced by extortion on the dark web.”

KrebsOnSecurity has learned Holy is the 17-year-old who was arrested in July 2024 by the U.K.’s West Midlands Police as part of a joint investigation with the FBI into the MGM hack.

Early in their cybercriminal career (as a 15-year-old), @Holy went by the handle “Vsphere,” and was a proud member of the LAPSUS$ cybercrime group. Throughout 2022, LAPSUS$ would hack and social engineer their way into some of the world’s biggest technology companies, including EA Games, Microsoft, NVIDIA, Okta, Samsung, and T-Mobile.

JUDISCHE/WAIFU

Another timely example of the overlap between harm communities and top members of The Com can be found in a group of criminals who recently stole obscene amounts of customer records from users of the cloud data provider Snowflake.

At the end of 2023, malicious hackers figured out that many major companies have uploaded massive amounts of valuable and sensitive customer data to Snowflake servers, all the while protecting those Snowflake accounts with little more than a username and password (no multi-factor authentication required). The group then searched darknet markets for stolen Snowflake account credentials, and began raiding the data storage repositories used by some of the world’s largest corporations.

Among those that had data exposed in Snowflake was AT&T, which disclosed in July that cybercriminals had stolen personal information and phone and text message records for roughly 110 million people — nearly all its customers.

A report on the extortion group from the incident response firm Mandiant notes that Snowflake victim companies were privately approached by the hackers, who demanded a ransom in exchange for a promise not to sell or leak the stolen data. All told, more than 160 organizations were extorted, including TicketMaster, Lending Tree, Advance Auto Parts and Neiman Marcus.

On May 2, 2024, a user by the name “Judische” claimed on the fraud-focused Telegram channel Star Chat that they had hacked Santander Bank, one of the first known Snowflake victims. Judische would repeat that claim in Star Chat on May 13 — the day before Santander publicly disclosed a data breach — and would periodically blurt out the names of other Snowflake victims before their data even went up for sale on the cybercrime forums.

A careful review of Judische’s account history and postings on Telegram shows this user is more widely known under the nickname “Waifu,” an early moniker that corresponds to one of the more accomplished SIM-swappers in The Com over the years.

In a SIM-swapping attack, the fraudsters will phish or purchase credentials for mobile phone company employees, and use those credentials to redirect a target’s mobile calls and text messages to a device the attackers control.

Several channels on Telegram maintain a frequently updated leaderboard of the 100 richest SIM-swappers, as well as the hacker handles associated with specific cybercrime groups (Waifu is ranked #24). That leaderboard has long included Waifu on a roster of hackers for a group that called itself “Beige.”

Beige members were implicated in two stories published here in 2020. The first was an August 2020 piece called Voice Phishers Targeting Corporate VPNs, which warned that the COVID-19 epidemic had brought a wave of voice phishing or “vishing” attacks that targeted work-from-home employees via their mobile devices, and tricked many of those people into giving up credentials needed to access their employer’s network remotely.

Beige group members also have claimed credit for a breach at the domain registrar GoDaddy. In November 2020, intruders thought to be associated with the Beige Group tricked a GoDaddy employee into installing malicious software, and with that access they were able to redirect the web and email traffic for multiple cryptocurrency trading platforms.

The Telegram channels that Judische and his related accounts frequented over the years show this user divides their time between posting in SIM-swapping and cybercrime cashout channels, and harassing and stalking others in harm communities like Leak Society and Court.

Mandiant has attributed the Snowflake compromises to a group it calls “UNC5537,” with members based in North America and Turkey. KrebsOnSecurity has learned Judische is a 26-year-old software engineer in Ontario, Canada.

Sources close to the investigation into the Snowflake incident tell KrebsOnSecurity the UNC5537 member in Turkey is John Erin Binns, an elusive American man indicted by the U.S. Department of Justice (DOJ) for a 2021 breach at T-Mobile that exposed the personal information of at least 76.6 million customers.

Binns is currently in custody in a Turkish prison and fighting his extradition. Meanwhile, he has been suing almost every federal agency and agent that contributed investigative resources to his case.

In June 2024, a Mandiant employee told Bloomberg that UNC5537 members have made death threats against cybersecurity experts investigating the hackers, and that in one case the group used artificial intelligence to create fake nude photos of a researcher to harass them.

ViLE

In June 2024, two American men pleaded guilty to hacking into a U.S. Drug Enforcement Agency (DEA) online portal that tapped into 16 different federal law enforcement databases.  Sagar “Weep” Singh, a 20-year-old from Rhode Island, and Nicholas “Convict” Ceraolo, 25, of Queens, NY, were both active in SIM-swapping communities.

Singh and Ceraolo hacked into a number of foreign police department email accounts, and used them to make phony “emergency data requests” to social media platforms seeking account information about specific users they were stalking. According to the government, in each case the men impersonating the foreign police departments told those platforms the request was urgent because the account holders had been trading in child pornography or engaging in child extortion.

Eventually, the two men formed part of a group of cybercriminals known to its members as “ViLE,” who specialize in obtaining personal information about third-party victims, which they then used to harass, threaten or extort the victims, a practice known as “doxing.”

The U.S. government says Singh and Ceraolo worked closely with a third man — referenced in the indictment as co-conspirator #1 or “CC-1” — to administer a doxing forum where victims could pay to have their personal information removed.

The government doesn’t name CC-1 or the doxing forum, but CC-1’s hacker handle is “Kayte” (a.k.a. “KT“) which corresponds to the nickname of a 23-year-old man who lives with his parents in Coffs Harbor, Australia. For several years (with a brief interruption), KT has been the administrator of a truly vile doxing community known as the Doxbin.

People whose names and personal information appear on the Doxbin can quickly find themselves the target of extended harassment campaigns, account hacking, SIM-swapping and even swatting — which involves falsely reporting a violent incident at a target’s address to trick local police into responding with potentially deadly force.

A handful of Com members targeted by federal authorities have gone so far as to perpetrate swatting, doxing, and other harassment against the same federal agents who are trying to unravel their alleged crimes. This has led some investigators working cases involving the Com to begin redacting their names from affidavits and indictments filed in federal court.

In January 2024, KrebsOnSecurity broke the news that prosecutors in Florida had charged a 19-year-old alleged Scattered Spider member named Noah Michael Urban with wire fraud and identity theft. That story recounted how Urban’s alleged hacker identities “King Bob” and “Sosa” inhabited a world in which rival cryptocurrency theft rings frequently settled disputes through so-called “violence-as-a-service” offerings — hiring strangers online to perpetrate firebombings, beatings and kidnappings against their rivals.

Urban’s indictment shows the name of the federal agent who testified to it has been blacked out:

HACKING RINGS, STALKING VICTIMS

In June 2022, this blog told the story of two men charged with hacking into the Ring home security cameras of a dozen random people and then methodically swatting each of them. Adding insult to injury, the men used the compromised security cameras to record live footage of local police swarming those homes.

James Thomas Andrew McCarty, Charlotte, N.C., and Kya “Chumlul” Nelson, of Racine, Wisc., conspired to hack into Yahoo email accounts belonging to victims in the United States. The two would check how many of those Yahoo accounts were associated with Ring accounts, and then target people who used the same password for both accounts.

The Telegram and Discord aliases allegedly used by McCarty — “Aspertaine” and “Couch,” among others — correspond to an identity that was active in certain channels dedicated to SIM-swapping.

What KrebsOnSecurity didn’t report at the time is that both ChumLul and Aspertaine were active members of CVLT, wherein those identities clearly participated in harassing and exploiting young teens online.

In June 2024, McCarty was sentenced to seven years in prison after pleading guilty to making hoax calls that elicited police SWAT responses. Nelson also pleaded guilty and received a seven-year prison sentence.

POMPOMPURIN

In March 2023, U.S. federal agents in New York announced they’d arrested “Pompompurin,” the alleged administrator of Breachforums, an English-language cybercrime forum where hacked corporate databases frequently appear for sale. In cases where the victim organization isn’t extorted in advance by hackers, being listed on Breachforums has often been the way many victims first learned of an intrusion.

Pompompurin had been a nemesis to the FBI for several years. In November 2021, KrebsOnSecurity broke the news that thousands of fake emails about a cybercrime investigation were blasted out from the FBI’s email systems and Internet addresses.

Pompompurin took credit for that stunt, and said he was able to send the FBI email blast by exploiting a flaw in an FBI portal designed to share information with state and local law enforcement authorities. The FBI later acknowledged that a software misconfiguration allowed someone to send the fake emails.

In December, 2022, KrebsOnSecurity detailed how hackers active on BreachForums had infiltrated the FBI’s InfraGard program, a vetted network designed to build cyber and physical threat information sharing partnerships with experts in the private sector. The hackers impersonated the CEO of a major financial company, applied for InfraGard membership in the CEO’s name, and were granted admission to the community.

The feds named Pompompurin as 21-year-old Peekskill resident Conor Brian Fitzpatrick, who was originally charged with one count of conspiracy to solicit individuals to sell unauthorized access devices (stolen usernames and passwords). But after FBI agents raided and searched the home where Fitzpatrick lived with his parents, prosecutors tacked on charges for possession of child pornography.

DOMESTIC TERRORISM?

Recent actions by the DOJ indicate the government is well aware of the significant overlap between leading members of The Com and harm communities. But the government also is growing more sensitive to the criticism that it can often take months or years to gather enough evidence to criminally charge some of these suspects, during which time the perpetrators can abuse and recruit countless new victims.

Late last year, however, the DOJ signaled a new tactic in pursuing leaders of harm communities like 764: Charging them with domestic terrorism.

In December 2023, the government charged (PDF) a Hawaiian man with possessing and sharing sexually explicit videos and images of prepubescent children being abused. Prosecutors allege Kalana Limkin, 18, of Hilo, Hawaii, admitted he was an associate of CVLT and 764, and that he was the founder of a splinter harm group called Cultist. Limkin’s Telegram profile shows he also was active on the harm community Slit Town.

The relevant citation from Limkin’s complaint reads:

“Members of the group ‘764’ have conspired and continue to conspire in both online and in-person venues to engage in violent actions in furtherance of a Racially Motivated Violent Extremist ideology, wholly or in part through activities that violate federal criminal law meeting the statutory definition of Domestic Terrorism, defined in Title 18, United States Code, § 2331.”

Experts say charging harm groups under anti-terrorism statutes potentially gives the government access to more expedient investigative powers than it would normally have in a run-of-the-mill criminal hacking case.

“What it ultimately gets you is additional tools you can use in the investigation, possibly warrants and things like that,” said Mark Rasch, a former U.S. federal cybercrime prosecutor and now general counsel for the New York-based cybersecurity firm Unit 221B. “It can also get you additional remedies at the end of the case, like greater sanctions, more jail time, fines and forfeiture.”

But Rasch said this tactic can backfire on prosecutors who overplay their hand and go after someone who ends up challenging the charges in court.

“If you’re going to charge a hacker or pedophile with a crime like terrorism, that’s going to make it harder to get a conviction,” Rasch said. “It adds to the prosecutorial burden and increases the likelihood of getting an acquittal.”

Rasch said it’s unclear where it is appropriate to draw the line in the use of terrorism statutes to disrupt harm groups online, noting that there certainly are circumstances where individuals can commit violations of domestic anti-terrorism statutes through their Internet activity alone.

“The Internet is a platform like any other, where virtually any kind of crime that can be committed in the real world can also be committed online,” he said. “That doesn’t mean all misuse of computers fits within the statutory definition of terrorism.”

The RCMP’s advisory on sexual extortion of minors over the Internet lists a number of potential warning signs that teens may exhibit if they become entangled in these harm groups. The FBI urges anyone who believes their child or someone they know is being exploited to contact their local FBI field office, call 1-800-CALL-FBI, or report it online at tips.fbi.gov.

From Cybercrime Saul Goodman to the Russian GRU

In 2021, the exclusive Russian cybercrime forum Mazafaka was hacked. The leaked user database shows one of the forum’s founders was an attorney who advised Russia’s top hackers on the legal risks of their work, and what to do if they got caught. A review of this user’s hacker identities shows that during his time on the forums he served as an officer in the special forces of the GRU, the foreign military intelligence agency of the Russian Federation.

Launched in 2001 under the tagline “Network terrorism,” Mazafaka would evolve into one of the most guarded Russian-language cybercrime communities. The forum’s member roster included a Who’s Who of top Russian cybercriminals, and it featured sub-forums for a wide range of cybercrime specialities, including malware, spam, coding and identity theft.

In almost any database leak, the first accounts listed are usually the administrators and early core members. But the Mazafaka user information posted online was not a database file per se, and it was clearly edited, redacted and restructured by whoever released it. As a result, it can be difficult to tell which members are the earliest users.

The original Mazafaka is known to have been launched by a hacker using the nickname “Stalker.” However, the lowest numbered (non-admin) user ID in the Mazafaka database belongs to another individual who used the handle “Djamix,” and the email address djamix@mazafaka[.]ru.

From the forum’s inception until around 2008, Djamix was one of its most active and eloquent contributors. Djamix told forum members he was a lawyer, and nearly all of his posts included legal analyses of various public cases involving hackers arrested and charged with cybercrimes in Russia and abroad.

“Hiding with purely technical parameters will not help in a serious matter,” Djamix advised Maza members in September 2007. “In order to ESCAPE the law, you need to KNOW the law. This is the most important thing. Technical capabilities cannot overcome intelligence and cunning.”

Stalker himself credited Djamix with keeping Mazafaka online for so many years. In a retrospective post published to Livejournal in 2014 titled, “Mazafaka, from conception to the present day,” Stalker said Djamix had become a core member of the community.

“This guy is everywhere,” Stalker said of Djamix. “There’s not a thing on [Mazafaka] that he doesn’t take part in. For me, he is a stimulus-irritant and thanks to him, Maza is still alive. Our rallying force!”

Djamix told other forum denizens he was a licensed attorney who could be hired for remote or in-person consultations, and his posts on Mazafaka and other Russian boards show several hackers facing legal jeopardy likely took him up on this offer.

“I have the right to represent your interests in court,” Djamix said on the Russian-language cybercrime forum Verified in Jan. 2011. “Remotely (in the form of constant support and consultations), or in person – this is discussed separately. As well as the cost of my services.”

WHO IS DJAMIX?

A search on djamix@mazafaka[.]ru at DomainTools.com reveals this address has been used to register at least 10 domain names since 2008. Those include several websites about life in and around Sochi, Russia, the site of the 2014 Winter Olympics, as well as a nearby coastal town called Adler. All of those sites say they were registered to an Aleksei Safronov from Sochi who also lists Adler as a hometown.

The breach tracking service Constella Intelligence finds that the phone number associated with those domains — +7.9676442212 — is tied to a Facebook account for an Aleksei Valerievich Safronov from Sochi. Mr. Safronov’s Facebook profile, which was last updated in October 2022, says his ICQ instant messenger number is 53765. This is the same ICQ number assigned to Djamix in the Mazafaka user database.

A “Djamix” account on the forum privetsochi[.]ru (“Hello Sochi”) says this user was born Oct. 2, 1970, and that his website is uposter[.]ru. This Russian language news site’s tagline is, “We Create Communication,” and it focuses heavily on news about Sochi, Adler, Russia and the war in Ukraine, with a strong pro-Kremlin bent.

Safronov’s Facebook profile also gives his Skype username as “Djamixadler,” and it includes dozens of photos of him dressed in military fatigues along with a regiment of soldiers deploying in fairly remote areas of Russia. Some of those photos date back to 2008.

In several of the images, we can see a patch on the arm of Safronov’s jacket that bears the logo of the Spetsnaz GRU, a special forces unit of the Russian military. According to a 2020 report from the Congressional Research Service, the GRU operates both as an intelligence agency — collecting human, cyber, and signals intelligence — and as a military organization responsible for battlefield reconnaissance and the operation of Russia’s Spetsnaz military commando units.

“In recent years, reports have linked the GRU to some of Russia’s most aggressive and public intelligence operations,” the CRS report explains. “Reportedly, the GRU played a key role in Russia’s occupation of Ukraine’s Crimea region and invasion of eastern Ukraine, the attempted assassination of former Russian intelligence officer Sergei Skripal in the United Kingdom, interference in the 2016 U.S. presidential elections, disinformation and propaganda operations, and some of the world’s most damaging cyberattacks.”

According to the Russia-focused investigative news outlet Meduza, in 2014 the Russian Defense Ministry created its “information-operation troops” for action in “cyber-confrontations with potential adversaries.”

“Later, sources in the Defense Ministry explained that these new troops were meant to ‘disrupt the potential adversary’s information networks,'” Meduza reported in 2018. “Recruiters reportedly went looking for ‘hackers who have had problems with the law.'”

Mr. Safronov did not respond to multiple requests for comment. A 2018 treatise written by Aleksei Valerievich Safronov titled “One Hundred Years of GRU Military Intelligence” explains the significance of the bat in the seal of the GRU.

“One way or another, the bat is an emblem that unites all active and retired intelligence officers; it is a symbol of unity and exclusivity,” Safronov wrote. “And, in general, it doesn’t matter who we’re talking about – a secret GRU agent somewhere in the army or a sniper in any of the special forces brigades. They all did and are doing one very important and responsible thing.”

It’s unclear what role Mr. Safronov plays or played in the GRU, but it seems likely the military intelligence agency would have exploited his considerable technical skills, knowledge and connections on the Russian cybercrime forums.

Searching on Safronov’s domain uposter[.]ru in Constella Intelligence reveals that this domain was used in 2022 to register an account at a popular Spanish-language discussion forum dedicated to helping applicants prepare for a career in the Guardia Civil, one of Spain’s two national police forces. Pivoting on that Russian IP in Constella shows three other accounts were created at the same Spanish user forum around the same date.

Mark Rasch is a former cybercrime prosecutor for the U.S. Department of Justice who now serves as chief legal officer for the New York cybersecurity firm Unit 221B. Rasch said there has always been a close relationship between the GRU and the Russian hacker community, noting that in the early 2000s the GRU was soliciting hackers with the skills necessary to hack US banks in order to procure funds to help finance Russia’s war in Chechnya.

“The guy is heavily hooked into the Russian cyber community, and that’s useful for intelligence services,” Rasch said. “He could have been infiltrating the community to monitor it for the GRU. Or he could just be a guy wearing a military uniform.”

Here’s Some Bitcoin: Oh, and You’ve Been Served!

A California man who lost $100,000 in a 2021 SIM-swapping attack is suing the unknown holder of a cryptocurrency wallet that harbors his stolen funds. The case is thought to be the first in which a federal court has recognized the use of information included in a bitcoin transaction — such as a link to a civil claim filed in federal court — as reasonably likely to provide notice of the lawsuit to the defendant. Experts say the development could make it easier for victims of crypto heists to recover stolen funds through the courts without having to wait years for law enforcement to take notice or help.

Ryan Dellone, a healthcare worker in Fresno, Calif., asserts that thieves stole his bitcoin on Dec. 14, 2021, by executing an unauthorized SIM-swap that involved an employee at his mobile phone provider who switched Dellone’s phone number over to a new device the attackers controlled.

Dellone says the crooks then used his phone number to break into his account at Coinbase and siphon roughly $100,000 worth of cryptocurrencies. Coinbase is also named as a defendant in the lawsuit, which alleges the company ignored multiple red flags, and that it should have detected and stopped the theft. Coinbase did not respond to requests for comment.

Working with experts who track the flow of funds stolen in cryptocurrency heists, Dellone’s lawyer Ethan Mora identified a bitcoin wallet that was the ultimate destination of his client’s stolen crypto. Mora says his client has since been made aware that the bitcoin address in question is embroiled in an ongoing federal investigation into a cryptocurrency theft ring.

Mora said it’s unclear if the bitcoin address that holds his client’s stolen money is being held by the government or by the anonymous hackers. Nevertheless, he is pursuing a novel legal strategy that allows his client to serve notice of the civil suit to that bitcoin address — and potentially win a default judgment to seize his client’s funds within — without knowing the identity of his attackers or anything about the account holder.

In a civil lawsuit seeking monetary damages, a default judgment is usually entered on behalf of the plaintiff if the defendant fails to respond to the complaint within a specified time. Assuming that the cybercriminals who stole the money don’t dispute Dellone’s claim, experts say the money could be seized by cryptocurrency exchanges if the thieves ever tried to move it or spend it.

The U.S. courts have generally held that if you’re going to sue someone, you have to provide some kind of meaningful and timely communication about that lawsuit to the defendant in a way that is reasonably likely to provide them notice.

Not so long ago, you had track down your defendant and hire someone to physically serve them with a copy of the court papers. But legal experts say the courts have evolved their thinking in recent years about what constitutes meaningful service, and now allow notification via email.

On Dec. 14, 2023, a federal judge in the Eastern District of California granted Dellone permission to serve notice of his lawsuit directly to the suspected hackers’ bitcoin address — using a short message that was attached to roughly $100 worth of bitcoin Mora sent to the address.

Bitcoin transactions are public record, and each transaction can be sent along with an optional short message. The message uses what’s known as an “OP RETURN,” or an instruction of the Bitcoin scripting language that allows users to attach metadata to a transaction — and thus save it on the blockchain.

In the $100 bitcoin transaction Mora sent to the disputed bitcoin address, the OP RETURN message read: “OSERVICE – SUMMONS, COMPLAINT U.S. Dist. E.D. Cal. LINK: t.ly/123cv01408_service,” which is a short link to a copy of the lawsuit hosted on Google Drive.

“The courts are adapting to the new style of service of process,” said Mark Rasch, a former federal prosecutor at the U.S. Department of Justice. “And that’s helpful and useful and necessary.”

Rasch said Mora’s strategy could force the government to divulge information about their case, or else explain to a judge why the plaintiff shouldn’t be able to recover their stolen funds without further delay. Rasch said it could be that Dellone’s stolen crypto was seized as part of a government asset forfeiture, but that either way there is no reason Uncle Sam should hold some cybercrime victims’ life savings indefinitely.

“The government doesn’t need the crypto as evidence, but in a forfeiture action the money goes to the government,” Rasch said. “But it was never the government’s money, and that doesn’t help the victim. The government should be providing information to the victims of cryptocurrency theft so that their attorneys can go get the money back themselves.”

Nick Bax is a security researcher who specializes in tracing the labyrinthine activity of criminals trying to use cryptocurrency exchanges and other financial instruments to launder the proceeds of cybercrime. Bax said Mora’s method could allow more victims to stake legitimate legal claims to their stolen funds.

“If you get a default judgment against a bitcoin address, for example, and then down the road that bitcoin gets sent to an exchange that complies with or abides by U.S. court orders, then it’s yours,” Bax said. “I’ve seen funds with a court order on them get frozen by the exchanges that decided it made sense to comply with orders from a U.S. federal court.”

Bax’s research was featured in a Sept. 2023 story here about how experts now believe it’s likely hackers are cracking open some of the password vaults stolen in the 2022 data breach at LastPass.

“I’ve talked to a lot victims who have had life-changing amounts of money being seized and would like that money back,” Bax said. “A big goal here is just making civil cases more efficient. Because then people can help themselves and they don’t need to rely solely on law enforcement with its limited resources. And that’s really the goal: To scale this and make it economically viable.”

While Dellone’s lawsuit may be the first time anyone has obtained approval from a federal judge to use bitcoin to notify another party of a civil action, the technique has been used in several recent unrelated cases involving other cryptocurrencies, including Ethereum and NFTs.

The law firm DLAPiper writes that in November 2022, the U.S. District Court for the Southern District of Florida “authorized service of a lawsuit seeking the recovery of stolen digital assets by way of a non-fungible token or NFT containing the text of the complaint and summons, as well as a hyperlink to a website created by the plaintiffs containing all pleadings and orders in the action.”

In approving Dellone’s request for service via bitcoin transaction, the judge overseeing the case cited a recent New York Superior Court ruling in a John Doe case brought by victims seeking to unmask the crooks behind a $1.3 million cyberheist.

In the New York case, the state trial court found it was acceptable for the plaintiffs to serve notice of the suit via cryptocurrency transactions because the defendants regularly used the Blockchain address to which the tokens were sent, and had recently done so. Also, the New York court found that because the account in question contained a significant sum of money, it was unlikely to be abandoned or forgotten.

“Thus the court inferred the defendants were likely to access the account in the future,” wrote Judge Helena M. March-Kuchta, for the Eastern District of California, summarizing the New York case. “Finally, the plaintiff had no alternative means of contacting these unknown defendants.”

Experts say regardless of the reason for a cryptocurrency theft or loss — whether it’s from a romance scam or a straight-up digital mugging — it’s important for victims to file an official report both with their local police and with the FBI’s Internet Crime Complaint Center (ic3.gov). The IC3 collects reports on cybercrime and sometimes bundles victim reports into cases for DOJ/FBI prosecutors and investigators.

The hard truth is that most victims will never see their stolen funds again. But sometimes federal investigators win minor victories and manage to seize or freeze crypto assets that are known to be associated with specific crimes and criminals. In those cases, the government will eventually make an effort to find, contact and in some cases remunerate known victims.

It might take many years for this process to unfold. But if and when they do make that effort, federal investigators are likely to focus their energies and attention responding to victims who staked a claim and can support it with documentation.

But have no illusions that any of this is likely to happen in a timeframe that is meaningful to victims in the short run. For example, in 2013 the U.S. government seized the assets of the virtual currency Liberty Reserve, massively disrupting a major vehicle for laundering the proceeds of cybercrime and other illegal activities.

When the government offered remuneration to Liberty Reserve account holders who wished to make a financial loss claim and supply supporting documentation, KrebsOnSecurity filed a claim. There wasn’t money much in my Liberty Reserve account; I simply wanted to know how long it would take for federal investigators to follow up on my claim, or indeed if they would at all.

In 2020 KrebsOnSecurity was contacted by an investigator with the U.S. Internal Revenue Service (IRS) who was seeking to discuss my claim. The investigator said they would have called sooner, but that it had taken that long for the IRS to gain legal access to the funds seized in the 2013 Liberty Reserve takedown.