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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.
Microsoft on Tuesday released updates to quash at least 74 security bugs in its Windows operating systems and software. Two of those flaws are already being actively attacked, including an especially severe weakness in Microsoft Outlook that can be exploited without any user interaction.
The Outlook vulnerability (CVE-2023-23397) affects all versions of Microsoft Outlook from 2013 to the newest. Microsoft said it has seen evidence that attackers are exploiting this flaw, which can be done without any user interaction by sending a booby-trapped email that triggers automatically when retrieved by the email server — before the email is even viewed in the Preview Pane.
While CVE-2023-23397 is labeled as an “Elevation of Privilege” vulnerability, that label doesn’t accurately reflect its severity, said Kevin Breen, director of cyber threat research at Immersive Labs.
Known as an NTLM relay attack, it allows an attacker to get someone’s NTLM hash [Windows account password] and use it in an attack commonly referred to as “Pass The Hash.”
“The vulnerability effectively lets the attacker authenticate as a trusted individual without having to know the person’s password,” Breen said. “This is on par with an attacker having a valid password with access to an organization’s systems.”
Security firm Rapid7 points out that this bug affects self-hosted versions of Outlook like Microsoft 365 Apps for Enterprise, but Microsoft-hosted online services like Microsoft 365 are not vulnerable.
The other zero-day flaw being actively exploited in the wild — CVE-2023-24880 — is a “Security Feature Bypass” in Windows SmartScreen, part of Microsoft’s slate of endpoint protection tools.
Patch management vendor Action1 notes that the exploit for this bug is low in complexity and requires no special privileges. But it does require some user interaction, and can’t be used to gain access to private information or privileges. However, the flaw can allow other malicious code to run without being detected by SmartScreen reputation checks.
Dustin Childs, head of threat awareness at Trend Micro’s Zero Day Initiative, said CVE-2023-24880 allows attackers to create files that would bypass Mark of the Web (MOTW) defenses.
“Protective measures like SmartScreen and Protected View in Microsoft Office rely on MOTW, so bypassing these makes it easier for threat actors to spread malware via crafted documents and other infected files that would otherwise be stopped by SmartScreen,” Childs said.
Seven other vulnerabilities Microsoft patched this week earned its most-dire “critical” severity label, meaning the updates address security holes that could be exploited to give the attacker full, remote control over a Windows host with little or no interaction from the user.
Also this week, Adobe released eight patches addressing a whopping 105 security holes across a variety of products, including Adobe Photoshop, Cold Fusion, Experience Manager, Dimension, Commerce, Magento, Substance 3D Stager, Cloud Desktop Application, and Illustrator.
For a more granular rundown on the updates released today, see the SANS Internet Storm Center roundup. If today’s updates cause any stability or usability issues in Windows, AskWoody.com will likely have the lowdown on that.
Please consider backing up your data and/or imaging your system before applying any updates. And feel free to sound off in the comments if you experience any problems as a result of these patches.
Web hosting giant GoDaddy made headlines this month when it disclosed that a multi-year breach allowed intruders to steal company source code, siphon customer and employee login credentials, and foist malware on customer websites. Media coverage understandably focused on GoDaddy’s admission that it suffered three different cyberattacks over as many years at the hands of the same hacking group. But it’s worth revisiting how this group typically got in to targeted companies: By calling employees and tricking them into navigating to a phishing website.
In a filing with the U.S. Securities and Exchange Commission (SEC), GoDaddy said it determined that the same “sophisticated threat actor group” was responsible for three separate intrusions, including:
-March 2020: A spear-phishing attack on a GoDaddy employee compromised the hosting login credentials of approximately 28,000 GoDaddy customers, as well as login credentials for a small number employees;
-November 2021: A compromised GoDaddy password let attackers steal source code and information tied to 1.2 million customers, including website administrator passwords, sFTP credentials, and private SSL keys;
-December 2022: Hackers gained access to and installed malware on GoDaddy’s cPanel hosting servers that “intermittently redirected random customer websites to malicious sites.”
“Based on our investigation, we believe these incidents are part of a multi-year campaign by a sophisticated threat actor group that, among other things, installed malware on our systems and obtained pieces of code related to some services within GoDaddy,” the company stated in its SEC filing.
What else do we know about the cause of these incidents? We don’t know much about the source of the November 2021 incident, other than GoDaddy’s statement that it involved a compromised password, and that it took about two months for the company to detect the intrusion. GoDaddy has not disclosed the source of the breach in December 2022 that led to malware on some customer websites.
But we do know the March 2020 attack was precipitated by a spear-phishing attack against a GoDaddy employee. GoDaddy described the incident at the time in general terms as a social engineering attack, but one of its customers affected by that March 2020 breach actually spoke to one of the hackers involved.
The hackers were able to change the Domain Name System (DNS) records for the transaction brokering site escrow.com so that it pointed to an address in Malaysia that was host to just a few other domains, including the then brand-new phishing domain servicenow-godaddy[.]com.
The general manager of Escrow.com found himself on the phone with one of the GoDaddy hackers, after someone who claimed they worked at GoDaddy called and said they needed him to authorize some changes to the account.
In reality, the caller had just tricked a GoDaddy employee into giving away their credentials, and he could see from the employee’s account that Escrow.com required a specific security procedure to complete a domain transfer.
The general manager of Escrow.com said he suspected the call was a scam, but decided to play along for about an hour — all the while recording the call and coaxing information out of the scammer.
“This guy had access to the notes, and knew the number to call,” to make changes to the account, the CEO of Escrow.com told KrebsOnSecurity. “He was literally reading off the tickets to the notes of the admin panel inside GoDaddy.”
About halfway through this conversation — after being called out by the general manager as an imposter — the hacker admitted that he was not a GoDaddy employee, and that he was in fact part of a group that enjoyed repeated success with social engineering employees at targeted companies over the phone.
Absent from GoDaddy’s SEC statement is another spate of attacks in November 2020, in which unknown intruders redirected email and web traffic for multiple cryptocurrency services that used GoDaddy in some capacity.
It is possible this incident was not mentioned because it was the work of yet another group of intruders. But in response to questions from KrebsOnSecurity at the time, GoDaddy said that incident also stemmed from a “limited” number of GoDaddy employees falling for a sophisticated social engineering scam.
“As threat actors become increasingly sophisticated and aggressive in their attacks, we are constantly educating employees about new tactics that might be used against them and adopting new security measures to prevent future attacks,” GoDaddy said in a written statement back in 2020.
Voice phishing or “vishing” attacks typically target employees who work remotely. The phishers will usually claim that they’re calling from the employer’s IT department, supposedly to help troubleshoot some issue. The goal is to convince the target to enter their credentials at a website set up by the attackers that mimics the organization’s corporate email or VPN portal.
Experts interviewed for an August 2020 story on a steep rise in successful voice phishing attacks said there are generally at least two people involved in each vishing scam: One who is social engineering the target over the phone, and another co-conspirator who takes any credentials entered at the phishing page — including multi-factor authentication codes shared by the victim — and quickly uses them to log in to the company’s website.
The attackers are usually careful to do nothing with the phishing domain until they are ready to initiate a vishing call to a potential victim. And when the attack or call is complete, they disable the website tied to the domain.
This is key because many domain registrars will only respond to external requests to take down a phishing website if the site is live at the time of the abuse complaint. This tactic also can stymie efforts by companies that focus on identifying newly-registered phishing domains before they can be used for fraud.
A U2F device made by Yubikey.
GoDaddy’s latest SEC filing indicates the company had nearly 7,000 employees as of December 2022. In addition, GoDaddy contracts with another 3,000 people who work full-time for the company via business process outsourcing companies based primarily in India, the Philippines and Colombia.
Many companies now require employees to supply a one-time password — such as one sent via SMS or produced by a mobile authenticator app — in addition to their username and password when logging in to company assets online. But both SMS and app-based codes can be undermined by phishing attacks that simply request this information in addition to the user’s password.
One multifactor option — physical security keys — appears to be immune to these advanced scams. The most commonly used security keys are inexpensive USB-based devices. A security key implements a form of multi-factor authentication known as Universal 2nd Factor (U2F), which allows the user to complete the login process simply by inserting the USB device and pressing a button on the device. The key works without the need for any special software drivers.
The allure of U2F devices for multi-factor authentication is that even if an employee who has enrolled a security key for authentication tries to log in at an impostor site, the company’s systems simply refuse to request the security key if the user isn’t on their employer’s legitimate website, and the login attempt fails. Thus, the second factor cannot be phished, either over the phone or Internet.
In July 2018, Google disclosed that it had not had any of its 85,000+ employees successfully phished on their work-related accounts since early 2017, when it began requiring all employees to use physical security keys in place of one-time codes.
It’s the month of top seeds, big upsets, and Cinderella runs by the underdogs. With March Madness basketball cranking up, a fair share of online betting will sure to follow—along with online betting scams.
Since a U.S. Supreme Court ruling in 2018, individual states can determine their own laws for sports betting. Soon after, states leaped at the opportunity to legalize it in some form or other. Today, 30 states and the District of Columbia have “live and legal” sports betting, meaning that people can bet on single-game sports through a retail or online sportsbook or combination of the two in their state.
If you’re a sports fan, this news has probably been hard to miss. Or at least the outcome of it all has been hard to miss. Commercials and signage in and around games promote several major online betting platforms. Ads have naturally made their way online too, complete with all kinds of promo offers to encourage people to get in on the action. However, that’s also opened the door for scammers who’re looking to take advantage of people looking to make a bet online, according to the Better Business Bureau (BBB). Often through shady or outright phony betting sites.
Let’s take a look at the online sports betting landscape, some of the scams that are cropping up, and some things you can do to make a safer bet this March or any time.
Among the 30 states that have “live and legal” sports betting, 19 offer online betting, a number that will likely grow given various state legislation that’s either been introduced or will be introduced soon.
If you’re curious about what’s available in your state, this interactive map shows the status of sports betting on a state-by-state level. Further, clicking on an individual state on the map will give you yet more specifics, such as the names of retail sportsbooks and online betting services that are legal in the state. For anyone looking to place a bet, this is a good place to start. This is further helpful for people who’re looking to get into online sports betting for the first time and is the sort of homework that the BBB advises people to do before placing a sports bet online. In their words, you can consider these sportsbooks to be “white-labeled” by your state’s gaming commission.
However, the BBB stresses that people should be aware that the terms and conditions associated with online sports betting will vary from service to service, as will the promotions that they offer. The BBB accordingly advises people to closely read these terms, conditions and offers. For one, “Gambling companies can restrict a user’s activity,” meaning that they can freeze accounts and the funds associated with them based on their terms and conditions. Also, the BBB cautions people about those promo offers that are often heavily advertised, “[L]ike any sales pitch, these can be deceptive. Be sure to read the fine print carefully.”
Where do scammers enter the mix? The BBB points to the rise of consumer complaints around bogus betting sites:
“You place a bet, and, at first, everything seems normal. But as soon as you try to cash out your winnings, you find you can’t withdraw a cent. Scammers will make up various excuses. For example, they may claim technical issues or insist on additional identity verification. In other cases, they may require you to deposit even more money before you can withdraw your winnings. Whatever you do, you’ll never be able to get your money off the site. And any personal information you shared is now in the hands of scam artists.”
If there’s a good reason you should stick to the “white labeled” sites that are approved by your state’s gaming commission, this is it. Take a pass on any online ads that promote betting sites, particularly if they roll out big and almost too-good-to-be-true offers. These may lead you to shady or bogus sites. Instead, visit the ones that are approved in your state by typing in their address directly into your browser.
In addition to what we mentioned above, there are several other things you can do to make your betting safer.
In addition to choosing a state-approved option, check out the organization’s BBB listing at BBB.org. Here you can get a snapshot of customer ratings, complaints registered against the organization, and the organization’s response to the complaints, along with its BBB rating, if it has one. Doing a little reading here can be enlightening, giving you a sense of what issues arise and how the organization has historically addressed them. For example, you may see a common complaint and how it’s commonly resolved. You may also see where the organization has simply chosen not to respond, all of which can shape your decision whether to bet with them or not.
Credit cards are a good way to go. One reason why is the Fair Credit Billing Act, which offers protection against fraudulent charges on credit cards by giving you the right to dispute charges over $50 for goods and services that were never delivered or otherwise billed incorrectly. Your credit card companies may have their own policies that improve upon the Fair Credit Billing Act as well. Debit cards don’t get the same protection under the Act.
Comprehensive online protection software will defend you against the latest virus, malware, spyware, and ransomware attacks plus further protect your privacy and identity. In addition to this, it can also provide strong password protection by generating and automatically storing complex passwords to keep your credentials safer from hackers and crooks who may try to force their way into your accounts. And, specific to betting sites, online protection can help prevent you from clicking links to known or suspected malicious sites.
With online betting cropping up in more and more states for more and more people, awareness of how it works and how scammers have set up their presence within it becomes increasingly important. Research is key, such as knowing who the state-approved sportsbooks and services are, what types of betting are allowed, and where. By sticking to these white-label offerings and reading the fine print in terms, conditions, and promo offers, people can make online betting safer and more enjoyable.
Editor’s Note:
If gambling is a problem for you or someone you know, you can seek assistance from a qualified service or professional. Several states have their own helplines, and nationally you can reach out to resources like http://www.gamblersanonymous.org/ or https://www.ncpgambling.org/help-treatment/.
The post How to Protect Yourself from March Madness Scams appeared first on McAfee Blog.
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