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Several Apple customers recently reported being targeted in elaborate phishing attacks that involve what appears to be a bug in Apple’s password reset feature. In this scenario, a target’s Apple devices are forced to display dozens of system-level prompts that prevent the devices from being used until the recipient responds “Allow” or “Don’t Allow” to each prompt. Assuming the user manages not to fat-finger the wrong button on the umpteenth password reset request, the scammers will then call the victim while spoofing Apple support in the caller ID, saying the user’s account is under attack and that Apple support needs to “verify” a one-time code.
Some of the many notifications Patel says he received from Apple all at once.
Parth Patel is an entrepreneur who is trying to build a startup in the conversational AI space. On March 23, Patel documented on Twitter/X a recent phishing campaign targeting him that involved what’s known as a “push bombing” or “MFA fatigue” attack, wherein the phishers abuse a feature or weakness of a multi-factor authentication (MFA) system in a way that inundates the target’s device(s) with alerts to approve a password change or login.
“All of my devices started blowing up, my watch, laptop and phone,” Patel told KrebsOnSecurity. “It was like this system notification from Apple to approve [a reset of the account password], but I couldn’t do anything else with my phone. I had to go through and decline like 100-plus notifications.”
Some people confronted with such a deluge may eventually click “Allow” to the incessant password reset prompts — just so they can use their phone again. Others may inadvertently approve one of these prompts, which will also appear on a user’s Apple watch if they have one.
But the attackers in this campaign had an ace up their sleeves: Patel said after denying all of the password reset prompts from Apple, he received a call on his iPhone that said it was from Apple Support (the number displayed was 1-800-275-2273, Apple’s real customer support line).
“I pick up the phone and I’m super suspicious,” Patel recalled. “So I ask them if they can verify some information about me, and after hearing some aggressive typing on his end he gives me all this information about me and it’s totally accurate.”
All of it, that is, except his real name. Patel said when he asked the fake Apple support rep to validate the name they had on file for the Apple account, the caller gave a name that was not his but rather one that Patel has only seen in background reports about him that are for sale at a people-search website called PeopleDataLabs.
Patel said he has worked fairly hard to remove his information from multiple people-search websites, and he found PeopleDataLabs uniquely and consistently listed this inaccurate name as an alias on his consumer profile.
“For some reason, PeopleDataLabs has three profiles that come up when you search for my info, and two of them are mine but one is an elementary school teacher from the midwest,” Patel said. “I asked them to verify my name and they said Anthony.”
Patel said the goal of the voice phishers is to trigger an Apple ID reset code to be sent to the user’s device, which is a text message that includes a one-time password. If the user supplies that one-time code, the attackers can then reset the password on the account and lock the user out. They can also then remotely wipe all of the user’s Apple devices.
Chris is a cryptocurrency hedge fund owner who asked that only his first name be used so as not to paint a bigger target on himself. Chris told KrebsOnSecurity he experienced a remarkably similar phishing attempt in late February.
“The first alert I got I hit ‘Don’t Allow’, but then right after that I got like 30 more notifications in a row,” Chris said. “I figured maybe I sat on my phone weird, or was accidentally pushing some button that was causing these, and so I just denied them all.”
Chris says the attackers persisted hitting his devices with the reset notifications for several days after that, and at one point he received a call on his iPhone that said it was from Apple support.
“I said I would call them back and hung up,” Chris said, demonstrating the proper response to such unbidden solicitations. “When I called back to the real Apple, they couldn’t say whether anyone had been in a support call with me just then. They just said Apple states very clearly that it will never initiate outbound calls to customers — unless the customer requests to be contacted.”
Massively freaking out that someone was trying to hijack his digital life, Chris said he changed his passwords and then went to an Apple store and bought a new iPhone. From there, he created a new Apple iCloud account using a brand new email address.
Chris said he then proceeded to get even more system alerts on his new iPhone and iCloud account — all the while still sitting at the local Apple Genius Bar.
Chris told KrebsOnSecurity his Genius Bar tech was mystified about the source of the alerts, but Chris said he suspects that whatever the phishers are abusing to rapidly generate these Apple system alerts requires knowing the phone number on file for the target’s Apple account. After all, that was the only aspect of Chris’s new iPhone and iCloud account that hadn’t changed.
“Ken” is a security industry veteran who spoke on condition of anonymity. Ken said he first began receiving these unsolicited system alerts on his Apple devices earlier this year, but that he has not received any phony Apple support calls as others have reported.
“This recently happened to me in the middle of the night at 12:30 a.m.,” Ken said. “And even though I have my Apple watch set to remain quiet during the time I’m usually sleeping at night, it woke me up with one of these alerts. Thank god I didn’t press ‘Allow,’ which was the first option shown on my watch. I had to scroll watch the wheel to see and press the ‘Don’t Allow’ button.”
Ken shared this photo he took of an alert on his watch that woke him up at 12:30 a.m. Ken said he had to scroll on the watch face to see the “Don’t Allow” button.
Ken didn’t know it when all this was happening (and it’s not at all obvious from the Apple prompts), but clicking “Allow” would not have allowed the attackers to change Ken’s password. Rather, clicking “Allow” displays a six digit PIN that must be entered on Ken’s device — allowing Ken to change his password. It appears that these rapid password reset prompts are being used to make a subsequent inbound phone call spoofing Apple more believable.
Ken said he contacted the real Apple support and was eventually escalated to a senior Apple engineer. The engineer assured Ken that turning on an Apple Recovery Key for his account would stop the notifications once and for all.
A recovery key is an optional security feature that Apple says “helps improve the security of your Apple ID account.” It is a randomly generated 28-character code, and when you enable a recovery key it is supposed to disable Apple’s standard account recovery process. The thing is, enabling it is not a simple process, and if you ever lose that code in addition to all of your Apple devices you will be permanently locked out.
Ken said he enabled a recovery key for his account as instructed, but that it hasn’t stopped the unbidden system alerts from appearing on all of his devices every few days.
KrebsOnSecurity tested Ken’s experience, and can confirm that enabling a recovery key does nothing to stop a password reset prompt from being sent to associated Apple devices. Visiting Apple’s “forgot password” page — https://iforgot.apple.com — asks for an email address and for the visitor to solve a CAPTCHA.
After that, the page will display the last two digits of the phone number tied to the Apple account. Filling in the missing digits and hitting submit on that form will send a system alert, whether or not the user has enabled an Apple Recovery Key.
The password reset page at iforgot.apple.com.
What sanely designed authentication system would send dozens of requests for a password change in the span of a few moments, when the first requests haven’t even been acted on by the user? Could this be the result of a bug in Apple’s systems?
Apple has not yet responded to requests for comment.
Throughout 2022, a criminal hacking group known as LAPSUS$ used MFA bombing to great effect in intrusions at Cisco, Microsoft and Uber. In response, Microsoft began enforcing “MFA number matching,” a feature that displays a series of numbers to a user attempting to log in with their credentials. These numbers must then be entered into the account owner’s Microsoft authenticator app on their mobile device to verify they are logging into the account.
Kishan Bagaria is a hobbyist security researcher and engineer who founded the website texts.com (now owned by Automattic), and he’s convinced Apple has a problem on its end. In August 2019, Bagaria reported to Apple a bug that allowed an exploit he dubbed “AirDoS” because it could be used to let an attacker infinitely spam all nearby iOS devices with a system-level prompt to share a file via AirDrop — a file-sharing capability built into Apple products.
Apple fixed that bug nearly four months later in December 2019, thanking Bagaria in the associated security bulletin. Bagaria said Apple’s fix was to add stricter rate limiting on AirDrop requests, and he suspects that someone has figured out a way to bypass Apple’s rate limit on how many of these password reset requests can be sent in a given timeframe.
“I think this could be a legit Apple rate limit bug that should be reported,” Bagaria said.
Apple seems requires a phone number to be on file for your account, but after you’ve set up the account it doesn’t have to be a mobile phone number. KrebsOnSecurity’s testing shows Apple will accept a VOIP number (like Google Voice). So, changing your account phone number to a VOIP number that isn’t widely known would be one mitigation here.
One caveat with the VOIP number idea: Unless you include a real mobile number, Apple’s iMessage and Facetime applications will be disabled for that device. This might a bonus for those concerned about reducing the overall attack surface of their Apple devices, since zero-click zero-days in these applications have repeatedly been used by spyware purveyors.
Also, it appears Apple’s password reset system will accept and respect email aliases. Adding a “+” character after the username portion of your email address — followed by a notation specific to the site you’re signing up at — lets you create an infinite number of unique email addresses tied to the same account.
For instance, if I were signing up at example.com, I might give my email address as krebsonsecurity+example@gmail.com. Then, I simply go back to my inbox and create a corresponding folder called “Example,” along with a new filter that sends any email addressed to that alias to the Example folder. In this case, however, perhaps a less obvious alias than “+apple” would be advisable.
Update, March 27, 5:06 p.m. ET: Added perspective on Ken’s experience. Also included a What Can You Do? section.
The proliferation of applications across hybrid and multicloud environments continues at a blistering pace. For the most part, there is no fixed perimeter, applications and environments are woven… Read more on Cisco Blogs
Three Americans were charged this week with stealing more than $400 million in a November 2022 SIM-swapping attack. The U.S. government did not name the victim organization, but there is every indication that the money was stolen from the now-defunct cryptocurrency exchange FTX, which had just filed for bankruptcy on that same day.
A graphic illustrating the flow of more than $400 million in cryptocurrencies stolen from FTX on Nov. 11-12, 2022. Image: Elliptic.co.
An indictment unsealed this week and first reported on by Ars Technica alleges that Chicago man Robert Powell, a.k.a. “R,” “R$” and “ElSwapo1,” was the ringleader of a SIM-swapping group called the “Powell SIM Swapping Crew.” Colorado resident Emily “Em” Hernandez allegedly helped the group gain access to victim devices in service of SIM-swapping attacks between March 2021 and April 2023. Indiana resident Carter Rohn, a.k.a. “Carti,” and “Punslayer,” allegedly assisted in compromising devices.
In a SIM-swapping attack, the crooks transfer the target’s phone number to a device they control, allowing them to intercept any text messages or phone calls sent to the victim, including one-time passcodes for authentication or password reset links sent via SMS.
The indictment states that the perpetrators in this heist stole the $400 million in cryptocurrencies on Nov. 11, 2022 after they SIM-swapped an AT&T customer by impersonating them at a retail store using a fake ID. However, the document refers to the victim in this case only by the name “Victim 1.”
Wired’s Andy Greenberg recently wrote about FTX’s all-night race to stop a $1 billion crypto heist that occurred on the evening of November 11:
“FTX’s staff had already endured one of the worst days in the company’s short life. What had recently been one of the world’s top cryptocurrency exchanges, valued at $32 billion only 10 months earlier, had just declared bankruptcy. Executives had, after an extended struggle, persuaded the company’s CEO, Sam Bankman-Fried, to hand over the reins to John Ray III, a new chief executive now tasked with shepherding the company through a nightmarish thicket of debts, many of which it seemed to have no means to pay.”
“FTX had, it seemed, hit rock bottom. Until someone—a thief or thieves who have yet to be identified—chose that particular moment to make things far worse. That Friday evening, exhausted FTX staffers began to see mysterious outflows of the company’s cryptocurrency, publicly captured on the Etherscan website that tracks the Ethereum blockchain, representing hundreds of millions of dollars worth of crypto being stolen in real time.”
The indictment says the $400 million was stolen over several hours between November 11 and 12, 2022. Tom Robinson, co-founder of the blockchain intelligence firm Elliptic, said the attackers in the FTX heist began to drain FTX wallets on the evening of Nov. 11, 2022 local time, and continuing until the 12th of November.
Robinson said Elliptic is not aware of any other crypto heists of that magnitude occurring on that date.
“We put the value of the cryptoassets stolen at $477 million,” Robinson said. “The FTX administrators have reported overall losses due to “unauthorized third-party transfers” of $413 million – the discrepancy is likely due to subsequent seizure and return of some of the stolen assets. Either way, it’s certainly over $400 million, and we are not aware of any other thefts from crypto exchanges on this scale, on this date.”
The SIM-swappers allegedly responsible for the $400 million crypto theft are all U.S. residents. But there are some indications they had help from organized cybercriminals based in Russia. In October 2023, Elliptic released a report that found the money stolen from FTX had been laundered through exchanges with ties to criminal groups based in Russia.
“A Russia-linked actor seems a stronger possibility,” Elliptic wrote. “Of the stolen assets that can be traced through ChipMixer, significant amounts are combined with funds from Russia-linked criminal groups, including ransomware gangs and darknet markets, before being sent to exchanges. This points to the involvement of a broker or other intermediary with a nexus in Russia.”
Nick Bax, director of analytics at the cryptocurrency wallet recovery firm Unciphered, said the flow of stolen FTX funds looks more like what his team has seen from groups based in Eastern Europe and Russian than anything they’ve witnessed from US-based SIM-swappers.
“I was a bit surprised by this development but it seems to be consistent with reports from CISA [the Cybersecurity and Infrastructure Security Agency] and others that “Scattered Spider” has worked with [ransomware] groups like ALPHV/BlackCat,” Bax said.
CISA’s alert on Scattered Spider says they are a cybercriminal group that targets large companies and their contracted information technology (IT) help desks.
“Scattered Spider threat actors, per trusted third parties, have typically engaged in data theft for extortion and have also been known to utilize BlackCat/ALPHV ransomware alongside their usual TTPs,” CISA said, referring to the group’s signature “Tactics, Techniques an Procedures.”
Nick Bax, posting on Twitter/X in Nov 2022 about his research on the $400 million FTX heist.
Earlier this week, KrebsOnSecurity published a story noting that a Florida man recently charged with being part of a SIM-swapping conspiracy is thought to be a key member of Scattered Spider, a hacking group also known as 0ktapus. That group has been blamed for a string of cyber intrusions at major U.S. technology companies during the summer of 2022.
Financial claims involving FTX’s bankruptcy proceedings are being handled by the financial and risk consulting giant Kroll. In August 2023, Kroll suffered its own breach after a Kroll employee was SIM-swapped. According to Kroll, the thieves stole user information for multiple cryptocurrency platforms that rely on Kroll services to handle bankruptcy proceedings.
KrebsOnSecurity sought comment for this story from Kroll, the FBI, the prosecuting attorneys, and Sullivan & Cromwell, the law firm handling the FTX bankruptcy. This story will be updated in the event any of them respond.
Attorneys for Mr. Powell said they do not know who Victim 1 is in the indictment, as the government hasn’t shared that information yet. Powell’s next court date is a detention hearing on Feb. 2, 2024.
Update, Feb. 3, 12:19 p.m. ET: The FBI declined a request to comment.
On Jan. 9, 2024, U.S. authorities arrested a 19-year-old Florida man charged with wire fraud, aggravated identity theft, and conspiring with others to use SIM-swapping to steal cryptocurrency. Sources close to the investigation tell KrebsOnSecurity the accused was a key member of a criminal hacking group blamed for a string of cyber intrusions at major U.S. technology companies during the summer of 2022.
A graphic depicting how 0ktapus leveraged one victim to attack another. Image credit: Amitai Cohen of Wiz.
Prosecutors say Noah Michael Urban of Palm Coast, Fla., stole at least $800,000 from at least five victims between August 2022 and March 2023. In each attack, the victims saw their email and financial accounts compromised after suffering an unauthorized SIM-swap, wherein attackers transferred each victim’s mobile phone number to a new device that they controlled.
The government says Urban went by the aliases “Sosa” and “King Bob,” among others. Multiple trusted sources told KrebsOnSecurity that Sosa/King Bob was a core member of a hacking group behind the 2022 breach at Twilio, a company that provides services for making and receiving text messages and phone calls. Twilio disclosed in Aug. 2022 that an intrusion had exposed a “limited number” of Twilio customer accounts through a sophisticated social engineering attack designed to steal employee credentials.
Shortly after that disclosure, the security firm Group-IB published a report linking the attackers behind the Twilio intrusion to separate breaches at more than 130 organizations, including LastPass, DoorDash, Mailchimp, and Plex. Multiple security firms soon assigned the hacking group the nickname “Scattered Spider.”
Group-IB dubbed the gang by a different name — 0ktapus — which was a nod to how the criminal group phished employees for credentials. The missives asked users to click a link and log in at a phishing page that mimicked their employer’s Okta authentication page. Those who submitted credentials were then prompted to provide the one-time password needed for multi-factor authentication.
A booking photo of Noah Michael Urban released by the Volusia County Sheriff.
0ktapus used newly-registered domains that often included the name of the targeted company, and sent text messages urging employees to click on links to these domains to view information about a pending change in their work schedule. The phishing sites used a Telegram instant message bot to forward any submitted credentials in real-time, allowing the attackers to use the phished username, password and one-time code to log in as that employee at the real employer website.
0ktapus often leveraged information or access gained in one breach to perpetrate another. As documented by Group-IB, the group pivoted from its access to Twilio to attack at least 163 of its customers. Among those was the encrypted messaging app Signal, which said the breach could have let attackers re-register the phone number on another device for about 1,900 users.
Also in August 2022, several employees at email delivery firm Mailchimp provided their remote access credentials to this phishing group. According to an Aug. 12 blog post, the attackers used their access to Mailchimp employee accounts to steal data from 214 customers involved in cryptocurrency and finance.
On August 25, 2022, the password manager service LastPass disclosed a breach in which attackers stole some source code and proprietary LastPass technical information, and weeks later LastPass said an investigation revealed no customer data or password vaults were accessed.
However, on November 30, 2022 LastPass disclosed a far more serious breach that the company said leveraged data stolen in the August breach. LastPass said criminal hackers had stolen encrypted copies of some password vaults, as well as other personal information.
In February 2023, LastPass disclosed that the intrusion involved a highly complex, targeted attack against a DevOps engineer who was one of only four LastPass employees with access to the corporate vault. In that incident, the attackers exploited a security vulnerability in a Plex media server that the employee was running on his home network, and succeeded in installing malicious software that stole passwords and other authentication credentials. The vulnerability exploited by the intruders was patched back in 2020, but the employee never updated his Plex software.
As it happens, Plex announced its own data breach one day before LastPass disclosed its initial August intrusion. On August 24, 2022, Plex’s security team urged users to reset their passwords, saying an intruder had accessed customer emails, usernames and encrypted passwords.
A review of thousands of messages that Sosa and King Bob posted to several public forums and Discord servers over the past two years shows that the person behind these identities was mainly focused on two things: Sim-swapping, and trading in stolen, unreleased rap music recordings from popular artists.
Indeed, those messages show Sosa/King Bob was obsessed with finding new “grails,” the slang term used in some cybercrime discussion channels to describe recordings from popular artists that have never been officially released. It stands to reason that King Bob was SIM-swapping important people in the music industry to obtain these files, although there is little to support this conclusion from the public chat records available.
“I got the most music in the com,” King Bob bragged in a Discord server in November 2022. “I got thousands of grails.”
King Bob’s chats show he was particularly enamored of stealing the unreleased works of his favorite artists — Lil Uzi Vert, Playboi Carti, and Juice Wrld. When another Discord user asked if he has Eminem grails, King Bob said he was unsure.
“I have two folders,” King Bob explained. “One with Uzi, Carti, Juicewrld. And then I have ‘every other artist.’ Every other artist is unorganized as fuck and has thousands of random shit.”
King Bob’s posts on Discord show he quickly became a celebrity on Leaked[.]cx, one of most active forums for trading, buying and selling unreleased music from popular artists. The more grails that users share with the Leaked[.]cx community, the more their status and access on the forum grows.
The last cache of Leaked dot cx indexed by the archive.org on Jan. 11, 2024.
And King Bob shared a large number of his purloined tunes with this community. Still others he tried to sell. It’s unclear how many of those sales were ever consummated, but it is not unusual for a prized grail to sell for anywhere from $5,000 to $20,000.
In mid-January 2024, several Leaked[.]cx regulars began complaining that they hadn’t seen King Bob in a while and were really missing his grails. On or around Jan. 11, the same day the Justice Department unsealed the indictment against Urban, Leaked[.]cx started blocking people who were trying to visit the site from the United States.
Days later, frustrated Leaked[.]cx users speculated about what could be the cause of the blockage.
“Probs blocked as part of king bob investigation i think?,” wrote the user “Plsdontarrest.” “Doubt he only hacked US artists/ppl which is why it’s happening in multiple countries.”
On Sept. 21, 2022, KrebsOnSecurity told the story of a “Foreshadow,” the nickname chosen by a Florida teenager who was working for a SIM-swapping crew when he was abducted, beaten and held for a $200,000 ransom. A rival SIM-swapping group claimed that Foreshadow and his associates had robbed them of their fair share of the profits from a recent SIM-swap.
In a video released by his abductors on Telegram, a bloodied, battered Foreshadow was made to say they would kill him unless the ransom was paid.
As I wrote in that story, Foreshadow appears to have served as a “holder” — a term used to describe a low-level member of any SIM-swapping group who agrees to carry out the riskiest and least rewarding role of the crime: Physically keeping and managing the various mobile devices and SIM cards that are used in SIM-swapping scams.
KrebsOnSecurity has since learned that Foreshadow was a holder for a particularly active SIM-swapper who went by “Elijah,” which was another nickname that prosecutors say Urban used.
Shortly after Foreshadow’s hostage video began circulating on Telegram and Discord, multiple known actors in the SIM-swapping space told everyone in the channels to delete any previous messages with Foreshadow, claiming he was fully cooperating with the FBI.
This was not the first time Sosa and his crew were hit with violent attacks from rival SIM-swapping groups. In early 2022, a video surfaced on a popular cybercrime channel purporting to show attackers hurling a brick through a window at an address that matches the spacious and upscale home of Urban’s parents in Sanford, Fl.
“Brickings” are among the “violence-as-a-service” offerings broadly available on many cybercrime channels. SIM-swapping and adjacent cybercrime channels are replete with job offers for in-person assignments and tasks that can be found if one searches for posts titled, “If you live near,” or “IRL job” — short for “in real life” job.
A number of these classified ads are in service of performing brickings, where someone is hired to visit a specific address and toss a brick through the target’s window. Other typical IRL job offers involve tire slashings and even drive-by shootings.
Sosa was known to be a top member of the broader cybercriminal community online known as “The Com,” wherein hackers boast loudly about high-profile exploits and hacks that almost invariably begin with social engineering — tricking people over the phone, email or SMS into giving away credentials that allow remote access to corporate internal networks.
Sosa also was active in a particularly destructive group of accomplished criminal SIM-swappers known as “Star Fraud.” Cyberscoop’s AJ Vicens reported last year that individuals within Star Fraud were likely involved in the high-profile Caesars Entertainment an MGM Resorts extortion attacks.
“ALPHV, an established ransomware-as-a-service operation thought to be based in Russia and linked to attacks on dozens of entities, claimed responsibility for Caesars and MGM attacks in a note posted to its website earlier this month,” Vicens wrote. “Experts had said the attacks were the work of a group tracked variously as UNC 3944 or Scattered Spider, which has been described as an affiliate working with ALPHV made up of people in the United States and Britain who excel at social engineering.”
In February 2023, KrebsOnSecurity published data taken from the Telegram channels for Star Fraud and two other SIM-swapping groups showing these crooks focused on SIM-swapping T-Mobile customers, and that they collectively claimed access to T-Mobile on 100 separate occasions over a 7-month period in 2022.
The SIM-swapping groups were able to switch targeted phone numbers to another device on demand because they constantly phished T-Mobile employees into giving up credentials to employee-only tools. In each of those cases the goal was the same: Phish T-Mobile employees for access to internal company tools, and then convert that access into a cybercrime service that could be hired to divert any T-Mobile user’s text messages and phone calls to another device.
Allison Nixon, chief research officer at the New York cybersecurity consultancy Unit 221B, said the increasing brazenness of many Com members is a function of how long it has taken federal authorities to go after guys like Sosa.
“These incidents show what happens when it takes too long for cybercriminals to get arrested,” Nixon said. “If governments fail to prioritize this source of threat, violence originating from the Internet will affect regular people.”
The Daytona Beach News-Journal reports that Urban was arrested Jan. 9 and his trial is scheduled to begin in the trial term starting March 4 in Jacksonville. The publication said the judge overseeing Urban’s case denied bail because the defendant was a strong flight risk.
At Urban’s arraignment, it emerged that he had no fixed address and had been using an alias to stay at an Airbnb. The judge reportedly said that when a search warrant was executed at Urban’s residence, the defendant was downloading programs to delete computer files.
What’s more, the judge explained, despite telling authorities in May that he would not have any more contact with his co-conspirators and would not engage in cryptocurrency transactions, he did so anyway.
Urban entered a plea of not guilty. Urban’s court-appointed attorney said her client would have no comment at this time.
Prosecutors charged Urban with eight counts of wire fraud, one count of conspiracy to commit wire fraud, and five counts of aggravated identity theft. According to the government, if convicted Urban faces up to 20 years in federal prison on each wire fraud charge. He also faces a minimum mandatory penalty of two years in prison for the aggravated identity offenses, which will run consecutive to any other prison sentence imposed.
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.
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