[ISN] U.S. Department of Justice on Benjamin Troy Breuninger

From: InfoSec News (isnat_private)
Date: Thu Jan 10 2002 - 05:23:30 PST

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    U.S. Department of Justice
    United States Attorney
    Northern District of California
    11th Floor, Federal Building
    450 Golden Gate Avenue, Box 36055
    San Francisco, California  94102
    Tel: (415) 436-7200
    Fax: (415) 436-7234
    January 8, 2002
    The United States Attorney's Office for the Northern District of
    California announced that Benjamin Troy Breuninger, a/k/a Kon, a/k/a
    Konceptor, pled guilty yesterday afternoon to unauthorized access of a
    protected computer and recklessly causing damage, in violation of 18
    U.S.C.  1030(a)(5)(B).
    Mr. Breuninger, 22, of Bloomington, Minnesota, was indicted by a
    federal grand jury on September 7, 2000.  He was charged with one
    count of unauthorized access of a protected computer and recklessly
    causing damage, in violation of 18 U.S.C.  1030(a)(5)(B). Under the
    plea agreement, Mr. Breuninger pled guilty to the lone count charged.
    In pleading guilty, Mr. Breuninger admitted that, on November 3, 1999,
    without authorization, he intentionally gained access to the Lawrence
    Livermore National Lab's unclassified computer network.  Once he
    obtained access to the computer system, he placed software programs on
    the system that gave him further control of the system as well as
    continued access.  Over the next 10 days, he re-entered the system
    several times and, among other things, downloaded budget material from
    the laboratory's computer network.  As a result of his actions,
    numerous lab employees spent time resecuring the network.  The loss
    due to the employees' efforts exceeded $20,000.
    The sentencing of Mr. Breuninger is scheduled for April 12, 2002
    before Judge D. Lowell Jensen in Oakland.  The maximum statutory
    penalty for each count in violation of 18 U.S.C.  1030(a)(5)(B) is
    five years and a fine of $250,000, plus restitution.  However, the
    actual sentence be dictated by the Federal Sentencing Guidelines,
    which take into account a number of factors, and will be imposed in
    the discretion of the Court.
    The prosecution is the result of a 21-month investigation by the
    Department of Energy, Office of the Inspector General, Technology
    Crimes Section and the Federal Bureau of Investigation, Computer
    Intrusion Squad.  Ismail J. Ramsey and Christina Hua are the Assistant
    U.S. Attorneys who prosecuted the case with the assistance of Elaine
    A copy of this press release and related court documents may be found
    on the U.S. Attorney's Office website at www.usdoj.gov/usao/can.
    All press inquiries to the U.S. Attorney's Office should be directed
    to Assistant U.S. Attorney Matthew J. Jacobs at (415)436-7181.
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