S 2, and (2) transportation of stolen goods, namely computer hardware and software equipment, in violation of 18 U.S.C. In 1990, a federal judge sentenced Morris to 400 hours of community service and 1991). Three days after the jury returned its verdict, on May 12, 2000, Francis Simpson, Juror No. ", "This was a devious and calculated act," said prosecutor V. Grady O'Malley. The jurors were individually polled and they each reaffirmed agreement with the verdict. The charges were in connection with a 1996 crime that cost Omega Engineering at 953. Citibank's system and made more illegal transfers. Gore on June 5, 1996, June 21, 1996, and again on July 23, 1996, two weeks after he was fired from Omega. On May 9, 2000, Timothy Lloyd was convicted of writing six lines of codeessentially, a code "bomb"that obliterated Omega Engineering Corporation's design and production programs. at 907, the court projected her subjective reaction, which was, at best, ambiguous, onto the hypothetical average juror. of Wichita, Inc., 969 F.2d 919, 922 (10th Cir. They said his actions amounted to possibly the most expensive case of computer sabotage in history. On July 10, Ferguson and DiFrancesco met with Lloyd and informed him of his termination. Citibank, tricking the company's computers into distributing an estimated $10 Our solutions are written by Chegg experts so you can be assured of the highest quality! (President 2016 - 2017, Recruiter 2014 - 2017), Alpha Chi Omega (VP Risk Management 2015), Camp War . Accordingly, having found no evidence to suggest that Lloyd was prejudiced substantially by a juror's exposure to the story of the "Love Bug" virus, we conclude that the District Court abused its discretion in granting a new trial. Government witnesses testified at trial that Lloyd was the only person who maintained the Novell computer network and had top- level supervisory access to it. at 916, 918, 921. Omega nearly $10 million in lost sales. He was Government witnesses testified to Lloyd's workplace behavior and even an expert testified that the same program that allegedly caused the "purge" of all the network files was also present on the hard drive of a computer found at Lloyd's home. The ISP was able to provide investigators with 1984); United States v. Hillard, 701 F.2d 1052, 1064 (2d Cir. in the region today. Prosecutors alleged In examining for prejudice, this court has never set forth a list of factors to consider, yet it is apparent from our jurisprudence that several factors do stand out as relevant to the analysis. Lloyd, who had worked at Omega for 11 years, had long been a trusted employee. The morning of July 31, 1996, the first worker in the door at Omega Engineering's manufacturing plant in Bridgeport, N.J., logged on to his computer and unwittingly detonated a software time bomb that systematically eradicated all the programs that ran the company's manufacturing operations. from the internet entirely. App. Zapatista rebels, the EDT launched a web attack on the Frankfurt Stock The government contended that Lloyd. After determining where the Lloyd was convicted in May 2000 of planting a software time bomb in a centralized file server at Omega Engineering Inc.'s Bridgeport, New Jersey, manufacturing plant. That the extraneous information is outside the jurors' generalized knowledge does not necessarily signify that the information is prejudicial. We review a district court's grant of a motion for a new trial as well as its investigation of extraneous information for an abuse of discretion. infection, many system administrators were forced to cut off their machines Amazon.com, ZDNet.com, E*Trade, and Excite were taken down by DDoS attacks. Robert Hackett, Ontrack's Remote Data Recovery Operations Supervisor, testified at trial that "issu [ing a] `delete' would be similar to someone just taking a piece of paper and putting it into the trash bin, [but] issuing a `purge,' that is going to take what's in the trash bin, shred it into very small pieces, and throw [ ] them all up in the air." How to test a thermocouple with a meter (grounded & ungrounded). 2000). nearly unreachable by distributed denial-of-service (DDoS) attacks. Introducing the HANI Clamp Temperature Sensor from Omega. App. Gore in the following way: " [w]as a mentor to folks, people looked up to him, explained and showed them how to get through things. See Console, 13 F.3d at 667 (approving the district court's inquiry as to the identities of jurors exposed to the extraneous information); Waldorf, 3 F.3d at 711 (noticing that half of the jurors had been exposed to the allegedly prejudicial information). All of this strongly suggests that Lloyd's jury undertook its duties with considerable care and diligence, increasing the likelihood that the "Love Bug" story did not prejudice Lloyd. into the internet as an experiment. These tags helped App. On May 9, 2000, Timothy Lloyd was convicted of writing six lines of code--essentially, a code "bomb"--that obliterated Omega Engineering Corporation's design and production programs. App. Though the Melissa virus reportedly caused nearly $400 million in damages, The U.S. District Court judge who tried the case overturned the conviction. According to the policy, all employees were required to save their files to the file server and were prohibited from making their own backups. On cross-examination, Inglin testified that he gained supervisory-level access to the Omega network from either Ferguson, DiFrancesco, or Jim Daniels, an Omega employee trained in Novell networks. The court first rejected the government's argument that "the information of the Philippine `love bug' should fall in the classification of just general common knowledge." ''My client denies both charges against him and maintains his innocence.''. The Melissa virus, however, was rapacious; damages have According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. First, the communications are The W.L. To date, most computer sabotage cases have been handled internally, and not legally, because of the potential embarrassment. The defense contended that Lloyd could not have committed the act of sabotage because he did not have direct access to the system after he was fired and because he had no motive before he was fired, as his firing was without warning. Court reinstates guilty verdict on computer saboteur, Cybercrime-reporting procedure draws fire, Security holes closed in New York Times intranet after hacker intrusion, Cybersecurity bill passes House subcommittee, Four years on, digital copyright law bears its teeth, BSA grants software pirates one-month amnesty, Customer information exposed by Playboy.com hacker, Nevada man jailed for counterfeit software scheme. had seen a news story about the "Love Letter" worm and its attendant havoc and Yahoo took And during argument, the trial judge repeatedly cautioned counsel that he was unconcerned with the subjective effect the information had on Simpson. On Appeal from the United States District Court for the District of New Jersey District Judge: Hon. Sign up for our free summaries and get the latest delivered directly to you. Therefore, our analysis must proceed further. However, in the instant case, after the District Court deviated from Federal Rule of Evidence 606(b) by questioning Simpson about the actual effect the "Love Bug" story had on her vote, App. )Q*$PzxiQhzP^OFznS{\m+`*],Uej5A"I-E6{y>G}H}\5AIl1 NU_Z2h0(E',{Fr%'|3#5a_6|\79`O.fg%VQo\{t8*aG(mOmi&#XtLH3z dt=6vO@0[OI-h|mP|O!2S9i>4Z'2zh>4 gP`i;\H%Y7;QfK&*TZc/m9=N^`B#~5m QMeeh#^H}L WhZ. at 229. had committed the largest ever act of worker-related computer sabotage, causing It argued that Omega employees were never prevented from making backup files and, in fact, they continued to back up files on their personal computers. An increasing number of companies are heeding concerns about that sort of sabotage. message itself and the equipment used to post the message. Swanfeld testified that nobody ever told him that he couldn't save his files onto his individual computer. In 1994, Russian hacker Vladimir Levin engineered a heist from In Wilson, we rejected information as not prejudicial because it related to the question of a defect in a products liability case and the appellant prevailed on that issue at trial. exotic dancer he met in Florida. Computer Emergency Response Team (CERT) issued an convict. transactions originated, telecommunications employees in Russia helped U.S. 1993). In contrast, the prejudicial extraneous information delivered to the jury in the midst of deliberations in Waldorf and Mayhue was either related directly to the case or dealt with a factually similar set of circumstances. at 946-949, 951-952. The government argued at trial that the demotion, along with the substandard performance review and raise, indicated to Lloyd that he would soon be fired, thus providing him with the motive to sabotage Omega's computer system. There have been numerous instances in which companies have alleged that employees who, like Mr. Lloyd, had been dismissed, not only damaged computer files, but leaked information about what was on the files to competitors. at 909, we are not willing to overturn the court's finding. was replicating and infecting machines at a much faster rate than he had Moreover, the defense put before the jury Ferguson's strong recommendation of Lloyd to W.L. state charges that he authored and circulated a destructive and costly virus Sealed App. However, "the court may only inquire into the existence of extraneous information," and not "into the subjective effect of such information on the particular jurors." "It had a catastrophic effect on the company. Was he guilty? In response, Omega tried to hire locally-based programmers to recover the lost programs but these efforts proved futile. The U.S. Attorney's Office in Newark filed an appeal. Omega Engineering, Inc. 26904 Network Place Chicago, IL 60673-1269: Payments by Wire Transfer (203) 359-1660 (Mon-Fri. 8am to 5pm EST) Payments can also be made via the BillPay Plus Portal: W-9 Form: W-9 Download: ISO Certification: ISO-9001: Corporate Status: Large Business, incorporated in Delaware. Ernesto Zedillo, however, reportedly buckled and crashed under the pressure of the 18,000 protestors who launched FloodNet. The firing was effective immediately and Lloyd was quickly escorted from the premises. 1994). Timothy Lloyd, 30, of Wilmington, Delaware, was charged in US District Court with intentionally damaging a computer system maintained by his former employer, Omega Engineering Inc. Lloyd is . conviction against Tim Lloyd, 37, of Wilmington, Delaware. Hackett answered, "No," and the questioner continued on to other subjects. The government contends on appeal that the District Court abused its discretion in granting the defendant's motion for a new trial based on Simpson's testimony about her subjective reaction to extraneous information and that the court's inquiry into her subjective reaction violated Rule 606(b) of the Federal Rules of Evidence. Gore employee on July 31, 1996, the day the Omega network crashed, that "everybody's job at Omega is in jeopardy." In this case, that means we must inquire into what extent the "Love Bug" story was shared with the rest of the jury. ^ a b c Gaudin, Sharon. This secession sparked a rebellion that is still being waged It marked a turning point, too: Melissa that system administrators could use to scan for evidence of DDoS tools. Protection Center, In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. 606(b)). You may call 714-990-7691 for appointments. at 906-907. at 425. Br. In January 1998, Lloyd was indicted on two counts: (1) computer sabotage in violation of 18 U.S.C. Government witnesses also testified that Lloyd had instituted a policy at Omega in late June 1996 to "clean up" all individual computers in Omega's CNC Department. hastily laid phone lines, laptops, modems, and other gear to disseminate Luckily, AOL "tagged" the newsgroup postings on its servers, including the See United States v. Bertoli, 40 F.3d 1384, 1392-93 (3d Cir. Thus, it is unlikely that the average hypothetical juror would have been influenced by such unrelated information. Morris, the son of a National Security Although they failed to recover the programs, the Ontrack experts concluded that the programs had been not only deleted but also "purged." a juvenile detention center. S 1030(a) (5) (A) (criminalizing "knowingly caus [ing] the transmission of a program, information, code or command, and, as a result of such conduct, intentionally caus [ing] damage, without authorization, to a protected computer") and 18 U.S.C. Charles Mangarella, another defense witness, even testified that he thought Lloyd's change in positions was a "promotion." The government's theory of the case was that Lloyd, an Omega employee, planted a computer "time bomb" in the central file server of Omega's computer network while employed there, and that the "time bomb" detonated after he was fired from the company. This court has applied the presumption of prejudice only when the extraneous information is of a considerably serious nature. 1993); see also United States v. Hornung, 848 F.2d 1040, 1045 (10th Cir. at 758. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! https://www.nytimes.com/1998/02/18/nyregion/man-charged-with-sabotage-of-computers.html. It is the party seeking the new trial, here Lloyd, who bears the burden of demonstrating the likelihood of prejudice. Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. In January 1998, Levin pled guilty in federal court at 707. at 524. found guilty of unauthorized access to a "federal interest computer," which the Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. One of Olson further testified that he had reason to believe July 30, 1996 was the trigger date that set off the actual deletion of files. ''It did and continues to do significant damage,'' Mr. DiFrancesco said. Br. On July 31, 1996, the malicious software code destroyed the programs that ran the company's . Sealed App. the insurgency in Mexico and its use of modern technology has led to what one Id. a list of sexually oriented web sites along with user ID and password in August 2000 to say that she had second thoughts about her decision to According to news reports, the earliest evidence of Melissa was in a posting Contact Us. California, Oregon, New York, Florida, Canada, Switzerland, and Italy, the case Mr. Lloyd started working for Omega in 1985, climbing up the ranks to become chief network program designer at the company's manufacturing plant in Bridgeport, about 22 miles southwest of Philadelphia. file named "list.zip." /* Hide the banner for the Canada site if Alert is only on US site */ html[lang="en-CA"] .alert-banner, html[lang="fr-CA"] .alert-banner { /*display: none !important;*/ } /* Apply look/feel changes to Alert messaging */ .alert-banner a { color: #fff; } .alert-banner a:hover { text-decoration: underline; } .alert-banner span { color: #fff; font-weight: bold; } /* Added Responsive styles for Alert Header */ @media screen and (max-width: 1024px) { html[lang="en-CA"] .alert-banner, html[lang="fr-CA"] .alert-banner { /*display: none !important;*/ } } /*add bottom border to l2 and l3 in mobile nav*/@media screen and (max-width: 1174px) {.main-menu .sub-level li.no-submenu .cat-level-two a, .main-menu .sub-level-two li .cat-level-three a {border-bottom:solid 1px #ddd;white-space: pre-wrap;}.main-menu .sub-level-two li .cat-level-three a{padding: 10px 20px;}}, Check out some of our most popular instructional videos. We also find informative the District Court's instruction to the jury at the close of trial that it should only consider the evidence developed in the case. attack can be orchestrated from a remote location. On May 9, 2000, Timothy Lloyd was convicted of writing six lines of codeessentially, a code "bomb"that obliterated Omega Engineering Corporation's design and production programs. Included in that equipment, officials said, was a backup tape that could have allowed Omega to recover the lost files. After Cold storage is critical for transportation of pharmaceuticals, food & beverage, and other applications that require continuous monitoring. Products to monitor your medical environments, sterilization processes, medicine storage, or analyze fluids. And then at 601-602. pinpoint the New Jersey internet service provider (ISP) used to post the February 1998 a U.S. judge sentenced Levin to three years in prison, and Notably, there was only one question that was ever asked at trial that had anything to do with the theory of remote access. Lloyd was tried by a jury in the District Court for the District of New Jersey from April 19, 2000 to May 9, 2000. The government argues that the "Love Bug" story cannot be prejudicial because it is part of "the jurors' generalized knowledge about the parties, or some other aspect of the case." This case was tried vigorously and it was tried on the theory of somehow and sometime before he was terminated from his employment, this defendant sabotaged the computer system at his employment place. Nor may a juror's affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying be received for these purposes. southernmost state in Mexico an autonomous region for the indigenous Mayan The conviction was derailed, however, shortly after the verdict was handed down in a U.S. District Court in Newark, New Jersey, when Walls set aside the decision. activists. Federal prosecutors believe that the programmer, Timothy A. Lloyd, intentionally destroyed computer files of his employer, Omega Engineering Inc. of Bridgeport, N.J., because he was upset over the loss of his job. ", some photos copyright 2001 photodisc Some weeks after he had been terminated, he never having been allowed to return to that employment, the system crashed. The Omega Engineering Logic Bomb An example of a logic bomb that was actually triggered and caused damage is one that programmer Tim Lloyd was convicted of using on his former employer, Omega Engineering Corporation. R. Evid. Please verify your address. During a brief appearance yesterday in Federal District Court in Newark, Mr. Lloyd pleaded innocent to two counts -- intentionally causing irreparable damage to Omega's computer system, and also to stealing about $50,000 worth of computer equipment and taking it across state lines to his home in Wilmington, Del. However, the conviction was short-lived. so, they served as propagators of the virus. Olson further testified that the "time bomb" was planted prior to July 30, 1996, and even prior to February 21, 1996, the date of the first test. See Waldorf, 3 F.3d at 711. information about their uprising to the public. That expert also testified that there were three "tests" of the "time bomb," and that Lloyd was present at Omega after hours on each of those occasions. officials track the illegal fund transfers to St. Petersburg and finally to Omega Engineering Corp. ("Omega") is a New Jersey- based manufacturer of highly specialized and sophisticated industrial process measurement devices and control equipment for, inter alia, the U.S. Navy and NASA. at 922. On cross-examination, the defense questioned Ontrack expert Robert Hackett, "Were you ever asked, at the outset of your data recovery attempt, to investigate whether this was done via modem?" 3 F.3d at 710 n.6 (quotation omitted). With Novell, Omega was able to place all of its information on a central file server, which acted as a central storage device and allowed all the information on the server to be shared with other computers on the network. External sites are not endorsed by CNN Interactive. We are talking about something that overloaded circuits in many of the companies, including the Pentagon. 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