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A Canadian man who says he’s been falsely charged with orchestrating a complex e-commerce scam is seeking to clear his name. His case appears to involve “triangulation fraud,” which occurs when a consumer purchases something online — from a seller on Amazon or eBay, for example — but the seller doesn’t actually own the item for sale. Instead, the seller purchases the item from an online retailer using stolen payment card data. In this scam, the unwitting buyer pays the scammer and receives what they ordered, and very often the only party left to dispute the transaction is the owner of the stolen payment card.
Triangulation fraud. Image: eBay Enterprise.
Timothy Barker, 56, was until recently a Band Manager at Duncan’s First Nation, a First Nation in northwestern Alberta, Canada. A Band Manager is responsible for overseeing the delivery of all Band programs, including community health services, education, housing, social assistance, and administration.
Barker told KrebsOnSecurity that during the week of March 31, 2023 he and the director of the Band’s daycare program discussed the need to purchase items for the community before the program’s budget expired for the year.
“There was a rush to purchase items on the Fiscal Year 2023 timeline as the year ended on March 31,” Barker recalled.
Barker said he bought seven “Step2 All Around Playtime Patio with Canopy” sets from a seller on Amazon.ca, using his payment card on file to pay nearly $2,000 for the items.
On the morning of April 7, Barker’s Facebook account received several nasty messages from an Ontario woman he’d never met. She demanded to know why he’d hacked her Walmart account and used it to buy things that were being shipped to his residence. Barker shared a follow-up message from the woman, who later apologized for losing her temper.
One of several messages from the Ontario woman whose Walmart account was used to purchase the goods that Barker ordered from Amazon.
“If this is not the person who did this to me, I’m sorry, I’m pissed,” the lady from Ontario said. “This order is being delivered April 14th to the address above. If not you, then someone who has the same name. Now I feel foolish.”
On April 12, 2023, before the Amazon purchases had even arrived at his home, Barker received a call from an investigator with the Royal Canadian Mounted Police (RCMP), who said Barker urgently needed to come down to the local RCMP office for an interview related to “an investigation.” Barker said the officer wouldn’t elaborate at the time on the nature of the investigation, and that he told the officer he was in Halifax for several days but could meet after his return home.
According to Barker, the investigator visited his home anyway the following day and began questioning his wife, asking about his whereabouts, his work, and when he might return home.
On April 14, six boxes arrived to partially fulfill his Amazon order; another box was delayed, and the Amazon.ca seller he’d purchased from said the remaining box was expected to ship the following week. Barker said he was confused because all six boxes came from Walmart instead of Amazon, and the shipping labels had his name and address on them but carried a contact phone number in Mexico.
Three days later, the investigator called again, demanding he submit to an interview.
“He then asked where my wife was and what her name is,” Barker said. “He wanted to know her itinerary for the day. I am now alarmed and frightened — this doesn’t feel right.”
Barker said he inquired with a local attorney about a consultation, but that the RCMP investigator showed up at his house before he could speak to the lawyer. The investigator began taking pictures of the boxes from his Amazon order.
“The [investigator] derisively asked why would anyone order so many play sets?” Barker said. “I started to give the very logical answer that we are helping families improve their children’s home life and learning for toddlers when he cut me off and gave the little speech about giving a statement after my arrest. He finally told me that he believes that I used someone’s credit card in Ontario to purchase the Walmart products.”
Eager to clear his name, Barker said he shared with the police copies of his credit card bills and purchase history at Amazon. But on April 21, the investigator called again to say he was coming to arrest Barker for theft.
“He said that if I was home at five o’clock then he would serve the papers at the house and it would go easy and I wouldn’t have to go to the station,” Barker recalled. “If I wasn’t home, then he would send a search team to locate me and drag me to the station. He said he would kick the door down if I didn’t answer my phone. He said he had every right to break our door down.”
Barker said he briefly conferred with an attorney about how to handle the arrest. Later that evening, the RCMP arrived with five squad cars and six officers.
“I asked if handcuffs were necessary – there is no danger of violence,” Barker said. “I was going to cooperate. His response was to turn me around and cuff me. He walked me outside and stood me beside the car for a full 4 or 5 minutes in full view of all the neighbors.”
Barker believes he and the Ontario woman are both victims of triangulation fraud, and that someone likely hacked the Ontario woman’s Walmart account and added his name and address as a recipient.
But he says he has since lost his job as a result of the arrest, and now he can’t find new employment because he has a criminal record. Barker’s former employer — Duncan’s First Nation — did not respond to requests for comment.
“In Canada, a criminal record is not a record of conviction, it’s a record of charges and that’s why I can’t work now,” Barker said. “Potential employers never find out what the nature of it is, they just find out that I have a criminal arrest record.”
Barker said that right after his arrest, the RCMP called the Ontario woman and told her they’d solved the crime and arrested the perpetrator.
“They even told her my employer had put me on administrative leave,” he said. “Surely, they’re not allowed to do that.”
Contacted by KrebsOnSecurity, the woman whose Walmart account was used to fraudulently purchase the child play sets said she’s not convinced this was a case of triangulation fraud. She declined to elaborate on why she believed this, other than to say the police told her Barker was a bad guy.
“I don’t think triangulation fraud was used in this case,” she said. “My actual Walmart.ca account was hacked and an order was placed on my account, using my credit card. The only thing Mr. Barker did was to order the item to be delivered to his address in Alberta.”
Barker shared with this author all of the documentation he gave to the RCMP, including screenshots of his Amazon.ca account showing that the items in dispute were sold by a seller named “Adavio,” and that the merchant behind this name was based in Turkey.
That Adavio account belongs to a young computer engineering student and “SEO expert” based in Adana, Turkey who did not respond to requests for comment.
Amazon.ca said it conducted an investigation and found that Mr. Barker never filed a complaint about the seller or transaction in question. The company noted that Adavio currently has a feedback rating of 4.5 stars out of 5.
“Amazon works hard to provide customers with a great experience and it’s our commitment to go above and beyond to make things right for customers,” Amazon.ca said in a written statement. “If a customer has an issue with an order, they may flag to Amazon through our Customer Service page.”
Barker said when he went to file a complaint with Amazon last year he could no longer find the Adavio account on the website, and that the site didn’t have a category for the type of complaint he wanted to file.
When he first approached KrebsOnSecurity about his plight last summer, Barker said he didn’t want any media attention to derail the chances of having his day in court, and confronting the RCMP investigator with evidence proving that he was being wrongfully prosecuted and maligned.
But a week before his court date arrived at the end of November 2023, prosecutors announced the charges against him would be stayed, meaning they had no immediate plans to prosecute the case further but that the investigation could still be reopened at some point in the future.
The RCMP declined to comment for this story, other than to confirm they had issued a stay of proceedings in the case.
Barker says the stay has left him in legal limbo — denying him the ability to clear his name, while giving the RCMP a free pass for a botched investigation. He says he has considered suing the investigating officer for defamation, but has been told by his attorney that the bar for success in such cases against the government is extremely high.
“I’m a 56-year-old law-abiding citizen, and I haven’t broken any laws,” Barker said, wondering aloud who would be stupid enough to use someone else’s credit card and have the stolen items shipped directly to their home.
“Their putting a stay on the proceedings without giving any evidence or explanation allows them to cover up bad police work,” he said. “It’s all so stupid.”
Triangulation fraud is hardly a new thing. KrebsOnSecurity first wrote about it from an e-commerce vendor’s perspective in 2015, but the scam predates that story by many years and is now a well-understood problem. The Canadian authorities should either let Mr. Barker have his day in court, or drop the charges altogether.
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.
One of the cybercrime underground’s more active sellers of Social Security numbers, background and credit reports has been pulling data from hacked accounts at the U.S. consumer data broker USinfoSearch, KrebsOnSecurity has learned.
Since at least February 2023, a service advertised on Telegram called USiSLookups has operated an automated bot that allows anyone to look up the SSN or background report on virtually any American. For prices ranging from $8 to $40 and payable via virtual currency, the bot will return detailed consumer background reports automatically in just a few moments.
USiSLookups is the project of a cybercriminal who uses the nicknames JackieChan/USInfoSearch, and the Telegram channel for this service features a small number of sample background reports, including that of President Joe Biden, and podcaster Joe Rogan. The data in those reports includes the subject’s date of birth, address, previous addresses, previous phone numbers and employers, known relatives and associates, and driver’s license information.
JackieChan’s service abuses the name and trademarks of Columbus, OH based data broker USinfoSearch, whose website says it provides “identity and background information to assist with risk management, fraud prevention, identity and age verification, skip tracing, and more.”
“We specialize in non-FCRA data from numerous proprietary sources to deliver the information you need, when you need it,” the company’s website explains. “Our services include API-based access for those integrating data into their product or application, as well as bulk and batch processing of records to suit every client.”
As luck would have it, my report was also listed in the Telegram channel for this identity fraud service, presumably as a teaser for would-be customers. On October 19, 2023, KrebsOnSecurity shared a copy of this file with the real USinfoSearch, along with a request for information about the provenance of the data.
USinfoSearch said it would investigate the report, which appears to have been obtained on or before June 30, 2023. On Nov. 9, 2023, Scott Hostettler, general manager of USinfoSearch parent Martin Data LLC shared a written statement about their investigation that suggested the ID theft service was trying to pass off someone else’s consumer data as coming from USinfoSearch:
Regarding the Telegram incident, we understand the importance of protecting sensitive information and upholding the trust of our users is our top priority. Any allegation that we have provided data to criminals is in direct opposition to our fundamental principles and the protective measures we have established and continually monitor to prevent any unauthorized disclosure. Because Martin Data has a reputation for high-quality data, thieves may steal data from other sources and then disguise it as ours. While we implement appropriate safeguards to guarantee that our data is only accessible by those who are legally permitted, unauthorized parties will continue to try to access our data. Thankfully, the requirements needed to pass our credentialing process is tough even for established honest companies.
USinfoSearch’s statement did not address any questions put to the company, such as whether it requires multi-factor authentication for customer accounts, or whether my report had actually come from USinfoSearch’s systems.
After much badgering, on Nov. 21 Hostettler acknowledged that the USinfoSearch identity fraud service on Telegram was in fact pulling data from an account belonging to a vetted USinfoSearch client.
“I do know 100% that my company did not give access to the group who created the bots, but they did gain access to a client,” Hostettler said of the Telegram-based identity fraud service. “I apologize for any inconvenience this has caused.”
Hostettler said USinfoSearch heavily vets any new potential clients, and that all users are required to undergo a background check and provide certain documents. Even so, he said, several fraudsters each month present themselves as credible business owners or C-level executives during the credentialing process, completing the application and providing the necessary documentation to open a new account.
“The level of skill and craftsmanship demonstrated in the creation of these supporting documents is incredible,” Hostettler said. “The numerous licenses provided appear to be exact replicas of the original document. Fortunately, I’ve discovered several methods of verification that do not rely solely on those documents to catch the fraudsters.”
“These people are unrelenting, and they act without regard for the consequences,” Hostettler continued. “After I deny their access, they will contact us again within the week using the same credentials. In the past, I’ve notified both the individual whose identity is being used fraudulently and the local police. Both are hesitant to act because nothing can be done to the offender if they are not apprehended. That is where most attention is needed.”
JackieChan is most active on Telegram channels focused on “SIM swapping,” which involves bribing or tricking mobile phone company employees into redirecting a target’s phone number to a device the attackers control. SIM swapping allows crooks to temporarily intercept the target’s text messages and phone calls, including any links or one-time codes for authentication that are delivered via SMS.
Reached on Telegram, JackieChan said most of his clients hail from the criminal SIM swapping world, and that the bulk of his customers use his service via an application programming interface (API) that allows customers to integrate the lookup service with other web-based services, databases, or applications.
“Sim channels is where I get most of my customers,” JackieChan told KrebsOnSecurity. “I’m averaging around 100 lookups per day on the [Telegram] bot, and around 400 per day on the API.”
JackieChan claims his USinfoSearch bot on Telegram abuses stolen credentials needed to access an API used by the real USinfoSearch, and that his service was powered by USinfoSearch account credentials that were stolen by malicious software tied to a botnet that he claims to have operated for some time.
This is not the first time USinfoSearch has had trouble with identity thieves masquerading as legitimate customers. In 2013, KrebsOnSecurity broke the news that an identity fraud service in the underground called “SuperGet[.]info” was reselling access to personal and financial data on more than 200 million Americans that was obtained via the big-three credit bureau Experian.
The consumer data resold by Superget was not obtained directly from Experian, but rather via USinfoSearch. At the time, USinfoSearch had a contractual agreement with a California company named Court Ventures, whereby customers of Court Ventures had access to the USinfoSearch data, and vice versa.
When Court Ventures was purchased by Experian in 2012, the proprietor of SuperGet — a Vietnamese hacker named Hieu Minh Ngo who had impersonated an American private investigator — was grandfathered in as a client. The U.S. Secret Service agent who oversaw Ngo’s capture, extradition, prosecution and rehabilitation told KrebsOnSecurity he’s unaware of any other cybercriminal who has caused more material financial harm to more Americans than Ngo.
JackieChan also sells access to hacked email accounts belonging to law enforcement personnel in the United States and abroad. Hacked police department emails can come in handy for ID thieves trying to pose as law enforcement officials who wish to purchase consumer data from platforms like USinfoSearch. Hence, Mr. Hostettler’s ongoing battle with fraudsters seeking access to his company’s service.
These police credentials are mainly marketed to criminals seeking fraudulent “Emergency Data Requests,” wherein crooks use compromised government and police department email accounts to rapidly obtain customer account data from mobile providers, ISPs and social media companies.
Normally, these companies will require law enforcement officials to supply a subpoena before turning over customer or user records. But EDRs allow police to bypass that process by attesting that the information sought is related to an urgent matter of life and death, such as an impending suicide or terrorist attack.
In response to an alarming increase in the volume of fraudulent EDRs, many service providers have chosen to require all EDRs be processed through a service called Kodex, which seeks to filter EDRs based on the reputation of the law enforcement entity requesting the information, and other attributes of the requestor.
For example, if you want to send an EDR to Coinbase or Twilio, you’ll first need to have valid law enforcement credentials and create an account at the Kodex online portal at these companies. However, Kodex may still throttle or block any requests from any accounts if they set off certain red flags.
Within their own separate Kodex portals, Twilio can’t see requests submitted to Coinbase, or vice versa. But each can see if a law enforcement entity or individual tied to one of their own requests has ever submitted a request to a different Kodex client, and then drill down further into other data about the submitter, such as Internet address(es) used, and the age of the requestor’s email address.
In August, JackieChan was advertising a working Kodex account for sale on the cybercrime channels, including redacted screenshots of the Kodex account dashboard as proof of access.
Kodex co-founder Matt Donahue told KrebsOnSecurity his company immediately detected that the law enforcement email address used to create the Kodex account pictured in JackieChan’s ad was likely stolen from a police officer in India. One big tipoff, Donahue said, was that the person creating the account did so using an Internet address in Brazil.
“There’s a lot of friction we can put in the way for illegitimate actors,” Donahue said. “We don’t let people use VPNs. In this case we let them in to honeypot them, and that’s how they got that screenshot. But nothing was allowed to be transmitted out from that account.”
Massive amounts of data about you and your personal history are available from USinfoSearch and dozens of other data brokers that acquire and sell “non-FCRA” data — i.e., consumer data that cannot be used for the purposes of determining one’s eligibility for credit, insurance, or employment.
Anyone who works in or adjacent to law enforcement is eligible to apply for access to these data brokers, which often market themselves to police departments and to “skip tracers,” essentially bounty hunters hired to locate others in real life — often on behalf of debt collectors, process servers or a bail bondsman.
There are tens of thousands of police jurisdictions around the world — including roughly 18,000 in the United States alone. And the harsh reality is that all it takes for hackers to apply for access to data brokers (and abuse the EDR process) is illicit access to a single police email account.
The trouble is, compromised credentials to law enforcement email accounts show up for sale with alarming frequency on the Telegram channels where JackieChan and their many clients reside. Indeed, Donahue said Kodex so far this year has identified attempted fake EDRs coming from compromised email accounts for police departments in India, Italy, Thailand and Turkey.
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