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| Is that tie an Accessory after the Fact? Barrett Brown Plea Deal Charges by Susan Basko |
The same people who charged Barrett Brown with 11 counts for the imaginary crime of posting a link have now charged him with being an "accessory after the fact" and "giving comfort" to someone named "o." Oh. Lest you think an "accessory after the fact" is a scarf you add to your ensemble as you dash out the door, it is a crime. The superseding indictment alleges that "o" hacked Stratfor and that Barrett not only gave this hacker "comfort," but also "caused confusion" in his dealings with Stratfor. Imagine a hacker named "o" and Barrett Brown causing confusion. Unthinkable.
The Unsinkable Mister Brown has had two new charges lodged against him. These 2 charges are said to be part of a pending plea agreement. Therefore, we can assume these two new charges are the ones that are the dream charges for the prosecutor and FBI agent involved in this case. These two charges are the ones that will make the prosecutor and FBI Agent feel fulfilled, happy, thrilled, if Barrett will plead guilty to these two and (presumably), the rest of the other seven still-pending charges are dropped.
Count Two hails back to the March 6, 2012 FBI raid on his place when Barrett allegedly hid his laptop computer in his mother's dish cabinet. See the Superseding Information below.
These are the 2 criminal charges concocted as a potion for a plea deal:
COUNT ONE
18 USC §§ 1030(a)(5)(B) and
18 USC §§ 1030(a)(5)(B) and
And the law on this is:
18 USC §§ 1030 (a) Whoever— 5 (B) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; shall be punished as provided in subsection (c) of this section.
And... What does that section say the punishment is?
18 USC §§ 1030 (c) The punishment for an offense under subsection (a) or (b) of this section is—
(4)
(A) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 5 years, or both, in the case of—
(i) an offense under subsection (a)(5)(B), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused)—
(I) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value.
And the laws on this are below: Note, we don't know what "extradition agent" this refers to, but the indictment states this is with regard to the Dish Cabinet Caper. Perhaps one of the agents involved was actually an extradition agent poking around in Barrett's mom's cabinets to make some extra spending money?
18 U.S. Code § 1501 - Assault on process server Whoever knowingly and willfully obstructs, resists, or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States, or United States magistrate judge; or
Whoever assaults, beats, or wounds any officer or other person duly authorized, knowing him to be such officer, or other person so duly authorized, in serving or executing any such writ, rule, order, process, warrant, or other legal or judicial writ or process—
18 U.S. Code § 1502 - Resistance to extradition agent
Whoever knowingly and willfully obstructs, resists, or opposes an extradition agent of the United States in the execution of his duties, shall be fined under this title or imprisoned not more than one year, or both.
THE TALLY
These three likely plea deal charges add up to a total of no more than 7 years in prison. Rumor is a deal has been struck for no more than 30 months. Under U.S. law, federal prisoners get 54 days off their sentence for every year they serve. Barrett has been in jail over a year and a half, which gives him 80 extra days off the sentence, or close to three months. Under this formula, Barrett has already served about 21 months. If the deal is for a 30 month sentence, that would put his release date at about Christmas 2014. That would be a nice Christmas present for Barrett and his family.