The Anatomy of Public Corruption

Chinese Military Personnel Charged with Computer Fraud, Economic Espionage and Wire Fraud for Hacking into Credit Reporting Agency Equifax

JUSTICE NEWS

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Monday, February 10, 2020

Chinese Military Personnel Charged with Computer Fraud, Economic Espionage and Wire Fraud for Hacking into Credit Reporting Agency Equifax

Indictment Alleges Four Members of China’s People’s Liberation Army Engaged in a Three-Month Long Campaign to Steal Sensitive Personal Information of Nearly 150 Million Americans


A federal grand jury in Atlanta returned an indictment last week charging four members of the Chinese People’s Liberation Army (PLA) with hacking into the computer systems of the credit reporting agency Equifax and stealing Americans’ personal data and Equifax’s valuable trade secrets.
The nine-count indictment alleges that Wu Zhiyong (吴志勇), Wang Qian (王乾), Xu Ke
(许可) and Liu Lei (刘磊) were members of the PLA’s 54th Research Institute, a component of the Chinese military.  They allegedly conspired with each other to hack into Equifax’s computer networks, maintain unauthorized access to those computers, and steal sensitive, personally identifiable information of approximately 145 million American victims.
“This was a deliberate and sweeping intrusion into the private information of the American people,” said Attorney General William P. Barr, who made the announcement. “Today, we hold PLA hackers accountable for their criminal actions, and we remind the Chinese government that we have the capability to remove the Internet’s cloak of anonymity and find the hackers that nation repeatedly deploys against us. Unfortunately, the Equifax hack fits a disturbing and unacceptable pattern of state-sponsored computer intrusions and thefts by China and its citizens that have targeted personally identifiable information, trade secrets, and other confidential information.”
According to the indictment, the defendants exploited a vulnerability in the Apache Struts Web Framework software used by Equifax’s online dispute portal.  They used this access to conduct reconnaissance of Equifax’s online dispute portal and to obtain login credentials that could be used to further navigate Equifax’s network.  The defendants spent several weeks running queries to identify Equifax’s database structure and searching for sensitive, personally identifiable information within Equifax’s system.  Once they accessed files of interest, the conspirators then stored the stolen information in temporary output files, compressed and divided the files, and ultimately were able to download and exfiltrate the data from Equifax’s network to computers outside the United States. In total, the attackers ran approximately 9,000 queries on Equifax’s system, obtaining names, birth dates and social security numbers for nearly half of all American citizens.
The indictment also charges the defendants with stealing trade secret information, namely Equifax’s data compilations and database designs.  “In short, this was an organized and remarkably brazen criminal heist of sensitive information of nearly half of all Americans, as well as the hard work and intellectual property of an American company, by a unit of the Chinese military,” said Barr.
The defendants took steps to evade detection throughout the intrusion, as alleged in the indictment.  They routed traffic through approximately 34 servers located in nearly 20 countries to obfuscate their true location, used encrypted communication channels within Equifax’s network to blend in with normal network activity, and deleted compressed files and wiped log files on a daily basis in an effort to eliminate records of their activity.
“Today’s announcement of these indictments further highlights our commitment to imposing consequences on cybercriminals no matter who they are, where they are, or what country’s uniform they wear,” said FBI Deputy Director David Bowdich.  “The size and scope of this investigation — affecting nearly half of the U.S. population, demonstrates the importance of the FBI’s mission and our enduring partnerships with the Justice Department and the U.S. Attorney’s Office.  This is not the end of our investigation; to all who seek to disrupt the safety, security and confidence of the global citizenry in this digitally connected world, this is a day of reckoning.”
The defendants are charged with three counts of conspiracy to commit computer fraud, conspiracy to commit economic espionage, and conspiracy to commit wire fraud.  The defendants are also charged with two counts of unauthorized access and intentional damage to a protected computer, one count of economic espionage, and three counts of wire fraud. 
The investigation was conducted jointly by the U.S. Attorney’s Office for the Northern District of Georgia, the Criminal and National Security Divisions of the Department of Justice, and the FBI’s Atlanta Field Office.  The FBI’s Cyber Division also provided support.  Equifax cooperated fully and provided valuable assistance in the investigation.
Assistant U.S. Attorneys Nathan Kitchens, Samir Kaushal, and Thomas Krepp of the Northern District of Georgia; Senior Counsel Benjamin Fitzpatrick of the Criminal Division’s Computer Crime and Intellectual Property Section; and Trial Attorney Scott McCulloch of the National Security Division’s Counterintelligence and Export Control Section are prosecuting this case.  Attorneys with the Office of International Affairs provided critical assistance in obtaining evidence from overseas.  
The details contained in the charging document are allegations.  The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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The Equifax Data Breach - The Cheap Visa Trojan Horse

Equifax Inc. has filed 459 labor condition applications for H1B visa and 25 labor certifications for green card from fiscal year 2017 to 2019. Equifax was ranked 500 among all visa sponsors. Please note that 6 LCA for H1B Visa and 0 LC for green card have been denied or withdrawn during the same period.
Contact(edit)NameJob TitlePhoneEmail
LCA for H1B VisaMarianne PettyHr Consultant770-405- xxxxxxxx @equifax.com
LC for Green CardMarianne Petty-770-740- xxxxxxxx @equifax.com
sign in to view all contacts
H1B VisaSalaryCertifiedCertified-Withdrawn(?)DeniedWithdrawn
2019$111,405140110
2018$104,000186850
2017$99,078116200
Green CardSalaryCertifiedCertified-ExpiredDeniedWithdrawn
2019-0000
2018$105,5491100
2017$112,71817600
Willful Violator:No  (?)H1B Dependent:No  (?)
Economic Sector:Other Economic Sector
NAICS Industry:Other Information Services

Visa Job Locations:Alpharetta,GA(273)Atlanta,GA(86)St. Louis,MO(57)Palo Alto,CA(8)Auburn,AL(5),
H1B Visa Jobs:Application Developer - Career(38)Software Engineer, Prod Dev - Career(34)Software Engineer, Prod Dev - Intermediate(25)Application Developer - Intermediate(24)Application Developer - Entry(10);
Green Card Jobs:Software Developers, Applications(8)Statisticians(6)Computer Systems Analysts(4)Computer Occuptions, All Other(2)Network and Computer Systems Administrators(2);
H1B Occupations:Software Developers, Applications(213)Computer Occupations, All Other(63)Software Developers, Systems Software(48)Statisticians(41)Computer Systems Analysts(29);
Green Card Occupations:Software Developers, Applications(15)Statisticians(9)Computer Systems Analysts(7)Computer and Information Systems Managers(3)Computer Occupations, All Other(2);

Profiles of forein workers who applied for green card under PERM:
Citizenship:India(1)
Class of Admission:H-1B(1)
Education:Bachelor's(1)
College:University Of Allahabad,India(1)
Major:Engineering(1)


Note: Before Equifax Inc. can hire foreign workers permanently or temporarily, it must file labor certifications with the Department of Labor(DOL), demonstrating that it is paying the required wage for the positions in the geographic region where the jobs are located. Above table reports Labor Condition Application(LCA) for H1B visa and Labor Certification(LC) for green card filed by Equifax Inc.. The data only indicates the number of applications filed by Equifax Inc.. It does not mean that Equifax Inc. actually got the visa and hired the workers.

Our LCA data includes LCA submitted for not only new employment, but also continuation or change in previously approved employment, new concurrent employment, change in employer and amended petition. Usually, only LCA for new employment needs H1B Visa quota if it is not cap-exempt.

Equifax Inc. has applied for 626 LC and LCA from fiscal year 2017 to 2019. But this does not mean they really hired 626 foreign workers during this period. The visa applications might have been denied. When an employee renews or transfers his H1B visa or change work location under some circumstances, he will also file a new LCA application.

Department of Labor(DOL) typically certifies more than 3 times the number of foreign work requests than the number of H1B visas issued by USCIS. So there is no one to one relationship between the number of workers certified by the DOL and the number of H1B work visas issued by the United States Citizenship and Immigration Services (USCIS).

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DO YOU HAVE TO TELL YOUR CLIENT THAT YOU JUST BLEW THE STATUTE OF LIMITATIONS? CALIFORNIA RULES OF PROFESSIONAL CONDUCT 3-500

DO YOU HAVE TO TELL YOUR CLIENT THAT YOU JUST BLEW THE STATUTE OF LIMITATIONS? CALIFORNIA RULES OF PROFESSIONAL CONDUCT 3-500

Posted by Anthony Radogna | Aug 30, 2017 | 0 Comments
Rules of Professional Conduct 3-500 states in part:
"A member shall keep a client reasonably informed about significant developments relating to the employment or representation, including promptly complying with reasonable requests for information and copies of significant documents when necessary to keep the client so informed."
According to the rule, not only must you respond to the client when there are reasonable requests, but you must keep a client reasonably informed about significant developments, even if no requests are made by the client regarding those significant developments. 
Do these significant developments include errors that you have made during representation? Does this include informing your client that you just blew the statute of limitations?
I would state that the answer is yes.
The scary part for the attorney, that just blew a statute, is that the statute being blown might simply be the tip of the iceberg to other ethical violations hidden below.
For example, if you handled your client's personal injury claim perfectly but simply forgot to file the lawsuit to preserve the statute, then you may come out of this without discipline.
However, if you blew the statute, because your office is not well managed, your calendaring system is constantly missing key dates, you haven't called the client back in 7 months after repeated requests to do so, you failed to competently represent the client during the period before the blown statute…you can see how the scenario can change and how discipline is a real possibility.
Some things to think about:
  • You have a duty under Rule 3-500 to provide status to the client regarding their matter. This of course includes keeping them up to speed on significant developments. Another simple example of this would be regarding any settlement offer made by the insurance carrier.
  • If the error you made is a blown statute, then you must inform your client that you blew the statute and that they no longer have a claim against the third party or third parties' insurance carrier.
  • In some states, you are not only required to tell the client the error, but also that the client has a malpractice claim against you. California however, is not one of those states in which you must inform the client about their malpractice claim. (Please see California Rules of Professional Conduct rule 3-410 regarding liability insurance disclosures at the time retained)
  • Prior California ethic's opinions suggest that you have a duty to disclose the error, but not that the client has a valid malpractice claim against you.
  • If you believe you committed malpractice, you must promptly inform the client of the factual information pertaining to the client's claim.
  • Courts have stated that you have a fiduciary obligation to disclose material facts to a client, those include acts of malpractice.
  • You must disclose the facts that surround the error.
  • There can be potential or actual conflicts present if you discuss or advise on the pursuit of the malpractice claim against you. The client should seek independent counsel in order to determine whether or not they have a viable claim against you.
  • If you are thinking about continuing to represent the client, think long and hard about conflicts and what disclosures you need to give the client.
  • A good rule of thumb is to always memorialize any discussion you had with a client. This includes having a written record of your discussion with the client regarding the error.
  • Also, make sure you provide the client with a full and complete copy of their file and give them back any original docs.
For further information please refer to the following:
Olds v. Donnelly, 150 N.J. 424 (N.J.,1997)
California Rules of Professional Conduct rule 3-500
California Rules of Professional Conduct rule 3-410
California State Bar Formal Opinion 2009-178
Business & Professions Code Section 6068(m)
Beal Bank v. Arter & Hadden LLP, 42 Cal.4th 503 (2007)

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Rule 3-400 Limiting Liability to Client


Rule 3-400 Limiting Liability to Client

Rules of Professional Conduct

Rule 3-400 Limiting Liability to Client

A member shall not:
    (A) Contract with a client prospectively limiting the member's liability to the client for the member's professional malpractice; or
    (B) Settle a claim or potential claim for the member's liability to the client for the member's professional malpractice, unless the client is informed in writing that the client may seek the advice of an independent lawyer of the client's choice regarding the settlement and is given a reasonable opportunity to seek that advice.
Discussion:
Rule 3-400 is not intended to apply to customary qualifications and limitations in legal opinions and memoranda, nor is it intended to prevent a member from reasonably limiting the scope of the member's employment or representation. (Amended by order of Supreme Court, operative September 14, 1992.)

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Case CIVMSC08-02838 - BENNETT & JOHNSON VS CITY OF CONCORD

Amazing seeing my former counsel suing for fraud.  Bennett & Johnson represented Pete Bennett in Bennett v. Southern Pacific. 



Case CIVMSC08-02838 - BENNETT & JOHNSON VS CITY OF CONCORD


Case CIVMSC08-02838 - Complaints/Parties

Complaint Number:1
Complaint Type:COMPLAINT
Filing Date:11/12/2008
Complaint Status:DISMISS W/O PREJ. 12/26/2008
Party NumberParty TypeParty NameAttorneyParty Status
PLAINTIFF BENNETT & JOHNSON,LLP BENNETT, RICHARD C DISMISSAL WITHOUT PREJUDICE 12/26/2008 
PLAINTIFF RICHARD C BENNETT  BENNETT, RICHARD C DISMISSAL WITHOUT PREJUDICE 12/26/2008 
PLAINTIFF WILLIAM C JOHNSON  BENNETT, RICHARD C DISMISSAL WITHOUT PREJUDICE 12/26/2008 
DEFENDANT CITY OF CONCORD Unrepresented DISMISSAL WITHOUT PREJUDICE 12/26/2008 
DEFENDANT QUEST DISCOVERY SERVICES, INC. Unrepresented DISMISSAL WITHOUT PREJUDICE 12/26/2008 


Case CIVMSC08-02838 - Actions/Minutes

Viewed
Date
Action Text
Disposition
Image
 04/28/2009 8:30 AM DEPT. 07 CASE MANAGEMENT CONFERENCE VACATED   
 01/16/2009 7:00 AM DEPT. 07 CHECK FOR PROOF OF SERVICE VACATED   
 12/26/2008 REQUEST FILED AND DISMISSAL ENTERED WITHOUT PREJUDICE AS TO ENTIRE ACTION Not Applicable N/A 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
 12/24/2008 5CMC4 CALENDARED ON 04/28/09 IN DEPT. 22. HAS BEEN UPDATED TO 04/28/09 IN DEPT. 07.  Not Applicable   
 12/24/2008 5OPSC4 CALENDARED ON 01/16/09 IN DEPT. 22. HAS BEEN UPDATED TO 01/16/09 IN DEPT. 07.  Not Applicable   
 12/23/2008 5:20 PM DEPT. 07 DEFAULT DEPARTMENT WAS CHANGED FROM 22 TO 07.  Not Applicable   
 11/12/2008 CASE ENTRY COMPLETE Not Applicable   
 11/12/2008 ORIGINAL SUMMONS ON COMPLAINT FILED 11/12/2008 OF BENNETT & JOHNSON,LLP FILED  Not Applicable N/A 
 11/12/2008 COLOR OF FILE IS GREEN  Not Applicable   
 11/12/2008 CASE MANAGEMENT CONFERENCE WAS SET FOR 4/28/09 AT 8:30 IN DEPT. 22     
 11/12/2008 CLERK`S TICKLER TO CHECK FOR PROOF OF SERVICE WAS SET FOR 1/16/09 AT 7:00 IN DEPT. 22     
 11/12/2008 COMPLAINT FILED. SUMMONS IS ISSUED  Not Applicable N/A 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
 11/12/2008 CASE HAS BEEN ASSIGNED TO DEPT. 22     




Case CIVMSC08-02838 - Pending Hearings

Date
Action Text
Disposition
Image
This Case Does Not Have Any Pending Hearings

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Pompeo warns governors of Chinese infiltration into US: 'It's happening in your state' Pompeo discusses China at the National Governors Association

Pompeo warns governors of Chinese infiltration into US: 'It's happening in your state'

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China's Communist Party has infiltrated various levels of America's infrastructure and is working to destroy the values of the United States, Secretary of State Mike Pompeo said during a speech Saturday, while also warning state governors to be wary of China's infiltration.


“We can’t ignore China’s actions and strategic intentions," he said while addressing the National Governors Association winter meeting. "The Chinese government has been methodical in the way it's analyzed our system... it's assessed our vulnerabilities and it's decided to exploit our freedoms, to gain an advantage over us at the federal level, the state level and the local level."


“Competition with China is happening. It’s happening in your state," Pompeo added. "In fact, I'd be surprised if most of you in the audience had not been lobbied by the Chinese Communist Party directly."


He said groups loyal to communist China are operating out in the open in Virginia, Minnesota, Florida and dozens of other states all around the country. Other Chinese groups, however, practice their nefarious actions in the shadows in an attempt to exercise influence over U.S. citizens and lawmakers.


Pompeo cited a letter from a diplomat at the Chinese Consul in New York to the speaker of an unnamed state legislature, advising that U.S. officials refrain from independent interaction with Taiwan.


“You add a diplomat from China, assigned here to the United States, a representative of the Chinese Communist Party, in New York City, sending a letter urging that an American elected official shouldn’t exercise his right to freedom of speech," he explained.


NIKKI HALEY WARNS OF CHINA THREAT, CALLS BEIJING 'OUR FOREMOST NATIONAL SECURITY CONCERN'





The secretary said this isn't an uncommon event and that Chinese officials based in the U.S. are actively seeking to sow seeds of chaos at the state and local level -- specifically in the realm of education on college campuses and K-12 classrooms.


“Maybe some of you have heard about the time when the Chinese consulate paid the UC San Diego students to protest the Dalai Lama," he continued. “It shows depth. It shows systemization. It shows intent.”


He added: “Chinese Communist party officials, too, are cultivating relationships with county school boards and local politicians -- Often through what are known as 'Sister City Programs' ... This competition is well underway."


Pompeo also spoke about China's campaign to recruit U.S. scientists and academics to share vital secrets, in exchange for monetary gain through their "Thousand Talents Plan," a campaign that has already targeted scientists and professors on campuses such as Virginia Tech and Harvard and triggered investigations by the Department of Justice (DOJ).


He also explained how Beijing pressures Chinese students in the U.S. to keep an eye on their fellow countrymen and report back to the government about their activities.


"China’s propaganda starts even earlier than college. China has targeted K-12 schools around the world," he said. "Do you know that we have no ability to establish similar programs in China? We should have reciprocity in all things. Today they have free reign in our system and we're completely shut out from theirs... Beijing knows that today’s kids are tomorrow’s leaders."


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Pompeo then warned state governors about doing business with China and said it is common to indirectly finance communism without realizing it. He then extended the hand of the federal government and said the Trump administration is standing by, ready to help states with this growing problem.


“I want to urge vigilance on the local level too," he said. "It’s worth trusting but verifying. There are federal officials prepared to help you work your way through these challenges when they arise. Don’t make separate individual deals that undermine our national policy. I know none of you would do so intentionally. Let us help you."


“I hope you will all take on board what I've said today," Pompeo added. "Don’t lose sight of the competition from China that's already present in your state. Let's all rise to the occasion and protect our security, our economy, indeed all that we hold dear."


Nick Givas is a reporter with Fox News. You can find him on Twitter at @NGivasDC.
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Clinton Approves Technology Transfer to China

Clinton Approves Technology Transfer to China 
  • May 11, 1999 




in STYLN_latest_story-0_control_STYLN_latest_story 
See the article in its original context from  May 11, 1999, Section A, Page 6Buy Reprints 
New York Times subscribers* enjoy full access to TimesMachine—view over 150 years of New York Times journalism, as it originally appeared. 
*Does not include Crossword-only or Cooking-only subscribers. 
The Clinton Administration notified Congress today that it had approved the export of technology to China to permit the launching of a communications satellite aboard a Chinese rocket next month. 
President Clinton said in a letter to Congress that the transfer would not harm national security or significantly improve China's military capability in space. The President was required under a 1998 law to certify that all such technology exports are in the national interest. 
The certification was the first such notice to Congress under the law, which was passed in the aftermath of a Congressional uproar last year over the transfer of sensitive missile technology to China. 
Mr. Clinton's notification also follows by less than a week the release of a report by the Senate Select Committee on Intelligence, which concluded that lax monitoring of the launching of American-made satellites aboard Chinese rockets had enhanced the accuracy of China's ballistic missile arsenal. 
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And the action comes three days after the Chinese Embassy in Belgrade was inadvertently bombed in a NATO raid, touching off angry street protests in Beijing. 
The President's action will affect the June 7 launching of a Motorola Iridium satellite, which is to fly into low orbit to provide paging and cellular telephone service. Mr. Clinton said that he had approved the export of satellite fuel and explosive bolts, which eject the satellite from its launch vehicle. 
Today's action was the final approval needed for the launch, which was first authorized in July 1993. A license for the export of the satellite itself was granted in November. 
''The timing of this certification is not connected in any way to the tragic accident of the bombing of the Chinese Embassy,'' said David Leavy, a spokesman for the National Security Council. ''Approval was recommended by the Departments of Commerce, State and Defense and is consistent with our policy of supporting the launch of U.S. communications satellites by China subject to strong safeguards being in place.'' 
A staff member of the intelligence panel said it was unlikely to contest the approval of the technology. But he said questions might be raised over whether the explosive bolts might someday be used to help eject nuclear warheads from a missile. 

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