Serial Swatter Who Caused Death Gets Five Years in Prison

A 18-year-old Tennessee man who helped set in motion a fraudulent distress call to police that lead to the death of a 60-year-old grandfather in 2020 was sentenced to 60 months in prison today.

60-year-old Mark Herring died of a heart attack after police surrounded his home in response to a swatting attack.

Shane Sonderman, of Lauderdale County, Tenn. admitted to conspiring with a group of criminals that’s been “swatting” and harassing people for months in a bid to coerce targets into giving up their valuable Twitter and Instagram usernames.

At Sonderman’s sentencing hearing today, prosecutors told the court the defendant and his co-conspirators would text and call targets and their families, posting their personal information online and sending them pizzas and other deliveries of food as a harassment technique.

Other victims of the group told prosecutors their tormentors further harassed them by making false reports of child abuse to social services local to the target’s area, and false reports in the target’s name to local suicide prevention hotlines.

Eventually, when subjects of their harassment refused to sell or give up their Twitter and Instagram usernames, Sonderman and others would swat their targets — or make a false report to authorities in the target’s name with the intention of sending a heavily armed police response to that person’s address.

For weeks throughout March and April 2020, 60-year-old Mark Herring of Bethpage, Tenn. started receiving text messages asking him to give up his @Tennessee Twitter handle. When he ignored the requests, Sonderman and his buddies began having food delivered to their home via cash on delivery.

At one point, Sonderman posted Herring’s home address in a Discord chat room used by the group, and a minor in the United Kingdom quickly followed up by directing a swatting attack on Herring’s home.

Ann Billings was dating Mr. Herring and was present when the police surrounded his home. She recalled for the Tennessee court today how her friend died shortly thereafter of a heart attack.

Billings said she first learned of the swatting when a neighbor called and asked why the street was lined with police cars. When Mr. Herring stepped out on the back porch to investigate, police told him to put his hands up and to come to the street.

Unable to disengage a lock on his back fence, Herring was instructed to somehow climb over the fence with his hands up.

“He was starting to get more upset,” Billings recalled. “He said, ‘I’m a 60-year-old fat man and I can’t do that.’”

Billings said Mr. Herring then offered to crawl under a gap in the fence, but when he did so and stood up, he collapsed of a heart attack. Herring died at a nearby hospital soon after.

Mary Frances Herring, who was married to Mr. Herring for 28 years, said her late husband was something of a computer whiz in his early years who secured the @Tennessee Twitter handle shortly after Twitter came online. Internet archivist Jason Scott says Herring was the creator of the successful software products Sparkware and QWIKMail; Scott has 2 hours worth of interviews with Herring from 20 years ago here.

Perhaps the most poignant testimony today came when Ms. Herring said her husband — who was killed by people who wanted to steal his account — had a habit of registering new Instagram usernames as presents for friends and family members who’d just had children.

“If someone was having a baby, he would ask them, ‘What are your naming the baby?’,” Ms. Herring said. “And he would get them that Instagram name and give it to them as a gift.”

Valerie Dozono also was an early adopter of Instagram, securing the two-letter username “VD” for her initials. When Dozono ignored multiple unsolicited offers to buy the account, she and many family and friends started getting unrequested pizza deliveries at all hours.

When Dozono continued to ignore her tormentors, Sonderman and others targeted her with a “SIM-swapping attack,” a scheme in which fraudsters trick or bribe employees at wireless phone companies into redirecting the target’s text messages and phone calls to a device they control. From there, the attackers can reset the password for any online account that allows password resets via SMS.

But it wasn’t the subsequent bomb threat that Sonderman and friends called in to her home that bothered Dozono most. It was the home invasion that was ordered at her address using strangers on social media.

Dozono said Sonderman created an account on Grindr — the location-based social networking and dating app for gay, bi, trans and queer people — and set up a rendezvous at her address with an unsuspecting Grindr user who was instructed to waltz into her home as if he was invited.

“This gentleman was sent to my home thinking someone was there, and he was given instructions to walk into my home,” Dozono said.

The court heard from multiple other victims targeted by Sonderman and friends over a two-year period. Including Shane Glass, who started getting harassed in 2019 over his @Shane Instagram handle. Glass told the court that endless pizza deliveries, as well as SIM swapping and swatting attacks left him paranoid for months that his assailant could be someone stalking him nearby.

Judge Mark Norris said Sonderman’s agreement to plead to one count of extortion by threat of serious injury or damage carries with it a recommended sentence of 27 to 33 months in prison. However, the judge said other actions by the defendant warranted up to 60 months (5 years) in prison.

Sonderman might have been eligible to knock a few months off his sentence had he cooperated with investigators and refrained from committing further crimes while out on bond.

But prosecutors said that shortly after his release, Sonderman went right back to doing what he was doing when he got caught. Investigators who subpoenaed his online communications found he’d logged into the Instagram account “FreeTheSoldiers,” which was known to have been used by the group to harass people for their social media handles.

Sonderman was promptly re-arrested for violating the terms of his release, and prosecutors played for the court today a recording of a phone call Sonderman made from jail in which he brags to a female acquaintance that he wiped his mobile phone two days before investigators served another search warrant on his home.

Sonderman himself read a lengthy statement in which he apologized for his actions, blaming his “addiction” on several psychiatric conditions — including bipolar disorder. While his recitation was initially monotone and practically devoid of emotion, Sonderman eventually broke down in tears that made the rest of his statement difficult to hear over the phone-based conference system the court made available to reporters.

The bipolar diagnoses was confirmed by his mother, who sobbed as she simultaneously begged the court for mercy while saying her son didn’t deserve any.

Judge Norris said he was giving Sonderman the maximum sentenced allowed by law under the statute — 60 months in prison followed by three years of supervised release, but implied that his sentence would be far harsher if the law permitted.

“Although it may seem inadequate, the law is the law,” Norris said. “The harm it caused, the death and destruction….it’s almost unspeakable. This is not like cases we frequently have that involve guns and carjacking and drugs. This is a whole different level of insidious criminal behavior here.”

Sonderman’s sentence pales in comparison to the 20-year prison time handed down in 2019 to serial swatter Tyler Barriss, a California man who admitted making a phony emergency call to police in late 2017 that led to the shooting death of an innocent Kansas resident.

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Spam Kingpin Peter Levashov Gets Time Served

Peter Levashov, appearing via Zoom at his sentencing hearing today.

A federal judge in Connecticut today handed down a sentence of time served to spam kingpin Peter “Severa” Levashov, a prolific purveyor of malicious and junk email, and the creator of malware strains that infected millions of Microsoft computers globally. Levashov has been in federal custody since his extradition to the United States and guilty plea in 2018, and was facing up to 12 more years in prison. Instead, he will go free under three years of supervised release and a possible fine.

A native of St. Petersburg, Russia, the 40-year-old Levashov operated under the hacker handle “Severa.” Over the course of his 15-year cybercriminal career, Severa would emerge as a pivotal figure in the cybercrime underground, serving as the primary moderator of a spam community that spanned multiple top Russian cybercrime forums.

Severa created and then leased out to others some of the nastiest cybercrime engines in history — including the Storm worm, and the Waledac and Kelihos spam botnets. His central role in the spam forums gave Severa a prime spot to advertise the services tied to his various botnets, while allowing him to keep tabs on the activities of other spammers.

Severa rented out segments of his Waledac botnet to anyone seeking a vehicle for sending spam. For $200, vetted users could hire his botnet to blast one million emails containing malware or ads for male enhancement drugs. Junk email campaigns touting employment or “money mule” scams cost $300 per million, and phishing emails could be blasted out through Severa’s botnet for the bargain price of $500 per million.

Severa was a moderator on the Russian spam community Spamdot[.]biz. In this paid ad from 2004, Severa lists prices to rent his spam botnet.

Early in his career, Severa worked very closely with two major purveyors of spam. One was Alan Ralsky, an American spammer who was convicted in 2009 of paying Severa and other spammers to promote pump-and-dump stock scams.

The other was a major spammer who went by the nickname “Cosma,” the cybercriminal thought to be responsible for managing the Rustock botnet (so named because it was a Russian botnet frequently used to send pump-and-dump stock spam). Microsoft, which has battled to scrub botnets like Rustock off of millions of PCs, later offered a still-unclaimed $250,000 reward for information leading to the arrest and conviction of the Rustock author.

Severa ran several affiliate programs that paid cybercriminals to trick people into installing fake antivirus software. In 2011, KrebsOnSecurity dissected “SevAntivir” — Severa’s eponymous fake antivirus affiliate program  — showing it was used to deploy new copies of the Kelihos spam botnet.

A screenshot of the “SevAntivir” fake antivirus or “scareware” affiliate program run by Severa.

In 2010, Microsoft — in tandem with a number of security researchers — launched a combined technical and legal sneak attack on the Waledac botnet, successfully dismantling it. The company would later do the same to the Kelihos botnet, a global spam machine which shared a great deal of code with Waledac and infected more than 110,000 Microsoft Windows PCs.

Levashov was arrested in 2017 while in Barcelona, Spain with his family. According to a lengthy April 2017 story in Wired.com, he got caught because he violated a basic security no-no: He used the same log-in credentials to both run his criminal enterprise and log into sites like iTunes.

In fighting his extradition to the United States, Levashov famously told the media, “If I go to the U.S., I will die in a year.” But a few months after his extradition, Levashov would plead guilty to four felony counts, including intentional damage to protected computers, conspiracy, wire fraud and aggravated identity theft.

At his sentencing hearing today, Levashov thanked his wife, attorney and the large number of people who wrote the court in support of his character, but otherwise declined to make a statement. His attorney read a lengthy statement explaining that Levashov got into spamming as a way to provide for his family, and that over a period of many years that business saw him supporting countless cybercrime operations.

The plea agreement Levashov approved in 2018 gave Judge Robert Chatigny broad latitude to impose a harsh prison sentence. The government argued that under U.S. federal sentencing guidelines, Levashov’s crimes deserved an “offense level” of 32, which for a first-time offender means a sentence of anywhere from 121 to 151 months (10 to 12 years).

But Judge Chatigny said he had concerns that “the total offense level does overstate the seriousness of Mr. Levashov’s crimes and his criminal culpability,” and said he believed Levashov was unlikely to offend again.

“33 months is a long time and I’m sure it was especially difficult for you considering that you were away from your wife and child and home,” Chatigny told the defendant. “I believe you have a lot to offer and hope that you will do your best to be a positive and contributing member of society.”

Mark Rasch, a former federal prosecutor with the U.S. Justice Department, the sentencing guidelines are no longer mandatory, but they do reflect the position of Congress, the U.S. Sentencing Commission, and the Administrative Office of the U.S. Courts about what seriousness of the offenses.

“One of the problems you have here is it’s hard enough to catch and prosecute and convict cybercriminals, but at the end of the day the courts often don’t take these offenses seriously,” Rasch said. “One the one hand, sentences like these do tend to diminish the deterrent effect, but also I doubt there are any hackers in St. Petersburg right now who are watching this case and going, ‘Okay, great now I can keep doing what I’m doing.’”

Judge Chatigny deferred ruling on what — if any — financial damages Levashov may have to pay as a result of the plea.

The government acknowledged that it was difficult to come to an accurate accounting of how much Levashov’s various botnets cost companies and consumers. But the plea agreement states a figure of approximately $7 million — which prosecutors say represents a mix of actual damages and ill-gotten gains.

However, the judge delayed ruling on whether to impose a fine because prosecutors had yet to supply a document to back up the defendant’s alleged profit/loss figures. The judge also ordered Levashov to submit to three years of supervised release, which includes constant monitoring of his online communications.

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