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Re:Ex-Microsoft dev used test account to swipe $10M in store... by martin_ on Thursday July 18, 2019 @03:22AM (#20467542)
> If convicted of mail fraud, the former Microsoft software engineer could face as much as 20 years in prison and a $250,000 fine.

It doesn't mention returning what he took... So he steals over 10m and buys a 1.6m house and can only be fined up to $250k? With 20 years in prison, and let's say out in 10 years of good behavior wouldn't that raise his annual income (which is taxed) from $116,000 to north of $1m?

Re:Ex-Microsoft dev used test account to swipe $10M in store... by ovi256 on Thursday July 18, 2019 @04:07AM (#20467794)
If they can find it, the government will seize it, don't worry. They even double dip: they seize both the stolen goods and the money paid for them, using the forfeiture doctrine unique to the US. Then, the payer has to prove he was buying in good faith (which will be a steep hill to climb, given the usual conspiracy between buyer and seller of stolen goods) in a separate lawsuit against the government if he wants the money back.
Re:Ex-Microsoft dev used test account to swipe $10M in store... by candiodari on Thursday July 18, 2019 @05:50AM (#20468241)
The worst of it is that money forfeited is NOT returned to the person it was stolen from. This is one of those things that is so obvious everyone thinks that this is what happens but in fact does not happen in many cases. The police may themselves sell the recovered stolen goods instead of returning them. You don't have any recourse.

So the only thing you can achieve by reporting a theft is that someone gets subjected to the US justice system (assuming they do anything at all). It is highly unlikely you get anything back. So you shouldn't do it to recover your goods.

Furthermore, reporting anything to the police has extra consequences:

1) they will investigate, and may find something wrong with you

2) they may report it to other government organizations which may use it in ways you did not anticipate and really don't want (e.g. child services: your house was broken into and is "not livable")

3) just the association, or that the neighborhood sees police officers near/in your house will spread and may have consequences.

There's nothing to gain from using the justice system and everything to lose.

Re:Ex-Microsoft dev used test account to swipe $10M in store... by ovi256 on Thursday July 18, 2019 @08:15AM (#20468949)
While these things happen, it's an overly negative view. A citizen reporting a theft has a very low probability of a negative outcome from his interaction with the police.

>nothing to gain from using the justice system

Insurance may require the theft to be reported before they cover any claims.

Re:Ex-Microsoft dev used test account to swipe $10M in store... by _jal on Thursday July 18, 2019 @10:11AM (#20469936)
> Insurance may require the theft to be reported before they cover any claims

Yes, that's the reason to report.

Another reason not to, if you don't have insurance: creepy cops being creepy at you. Story time:

Walking home with my then-housemate after dinner that involved drinking, we were mugged. Minor violence, lost our wallets.

I called the cops. They wanted to come the next day to do an interview, which I declined, pointing out they weren't going to try to find the wallets, so what's the point? At which point cop starts getting weird, first saying they need their statistics for better funding. I still decline, and he says "Well, we'll send someone anyway" and hangs up.

Sure enough, a cop shows up the next day. I tell him I don't need his services and he starts pressuring me for a report. At this point, I'm pissed and tell him to leave; he makes vague noises about maybe not responding to this block very quickly in the future; I barely manage not to say something really rude that most likely would have escalated things.

My policy now: if I'll probably die anyway, or if it involves enough money that I can't ignore it, I might call the cops. Otherwise I'll take my chances that inviting more shitty people to a shitshow will just turn it worse.

FTP.

Re:Ex-Microsoft dev used test account to swipe $10M in store... by celticmusic on Thursday July 18, 2019 @03:27PM (#20473136)
What people don't understand is that when you call the police, you have no control over the situation anymore, the police do.

If you can reasonable keep control (and that could be a simply having the ability to walk away) then do that instead of calling the police.

Once you call them, you're trusting that they won't turn on you, or take issue with you.

Re:Ex-Microsoft dev used test account to swipe $10M in store... by WoahNoun on Thursday July 18, 2019 @12:07PM (#20471232)
You are conflating two different things. Asset forfeiture for assets used in a crime and asset seizure of stolen assets. The former the government generally keeps as it has no rightful owner (eg a car purchased with drug proceeds) while the latter is dispersed among aggrieved parties as equitably as possible based on the amount recovered (Bernie Madoff; Mt Gox; David Brooks; etc).
Re:Ex-Microsoft dev used test account to swipe $10M in store... by ovi256 on Monday July 22, 2019 @03:57AM (#20496075)
> conflating two different things ... asset seizure of stolen assets

Yeah, seems like I was, in the general case of stolen assets, sorry. My example applies to the more limited case of sale of stolen assets to a buyer, where there's enough conspiracy between seller and buyer, and the buyer is an unpleasant career fence. It happens often enough: there's a specialized network of fences (dealers in stolen goods). Given the efforts the parties make to keep their operation covert, conspiracy is easy for the government to allege. And the civil forfeiture against the money used to buy the goods proceeds without a hitch. Yet the fence is not indicted.It happens at scale, you can be sure that false positives (honest citizens who happen to look bad) get burned too.

Re:Ex-Microsoft dev used test account to swipe $10M in store... by candiodari on Thursday July 18, 2019 @01:02PM (#20471778)
Except of course that if a car is purchased with drug proceeds the government will keep the car AND get the money back from the vendor if they can.

So if they actually manage to do that (obviously people don't generally commit crimes because they're swimming in money), then no, this is wrong information.

Re:Ex-Microsoft dev used test account to swipe $10M in store... by WoahNoun on Thursday July 18, 2019 @11:40PM (#20475999)
You have a source on the government going after a car dealership for funds from selling a car that was seized?
Re:Ex-Microsoft dev used test account to swipe $10M in store... by wongarsu on Thursday July 18, 2019 @07:28AM (#20468665)
That sounds incredibly broken and seems to remove all incentives from reporting theft.

Given that a working justice system is what seperates capitalism from anarchy, how is this allowed to happen in America?

Re:Ex-Microsoft dev used test account to swipe $10M in store... by Aeolun on Thursday July 18, 2019 @09:45AM (#20469682)
I don’t know if you’ve recently taken a look at what else is allowed to happen in America, but I think this is perfectly in line with the other insanity.

It’s interesting, since in daily life it seems almost normal.

Re:Ex-Microsoft dev used test account to swipe $10M in store... by Sag0Sag0 on Thursday July 18, 2019 @07:59AM (#20468844)
The fact that people like the idea of revenge and getting back at their attackers? The fact that corruption is rarely a serious problem as long as a justice system functions relatively ok? Because some parts of America are chaotic hellholes?
Re:Ex-Microsoft dev used test account to swipe $10M in store... by antihero on Thursday July 18, 2019 @07:53AM (#20468800)
What if it is in a crypto wallet?
Re:Ex-Microsoft dev used test account to swipe $10M in store... by moftz on Thursday July 18, 2019 @09:36AM (#20469603)
They can seize that too and then auction it off later. The FBI seized the SilkRoad's escrow account, 26k BTC.
Re:Ex-Microsoft dev used test account to swipe $10M in store... by Aeolun on Thursday July 18, 2019 @09:43AM (#20469660)
Isn’t that all owned by people? How are they allowed to just take that (and likely from non-us residents as well)?
Re:Ex-Microsoft dev used test account to swipe $10M in store... by _jal on Thursday July 18, 2019 @10:01AM (#20469836)
The relevant question is, who is going to stop them?
Re:Ex-Microsoft dev used test account to swipe $10M in store... by chrshawkes on Thursday July 18, 2019 @11:37AM (#20470928)
Just ask Kim DotCom about that. I mean, he sorta won extradition but the FBI did their best to ruin his life and we're pretty successful at that.
Re:Ex-Microsoft dev used test account to swipe $10M in store... by vunie on Thursday July 18, 2019 @11:07PM (#20475887)
This is what it always boils down to. Right and wrong is irrelevant. Those with the biggest guns win.
Re:Ex-Microsoft dev used test account to swipe $10M in store... by unilynx on Thursday July 18, 2019 @11:32AM (#20470868)
... and those people are free to sue the Silk Road guy for the money they lost.
Re:Ex-Microsoft dev used test account to swipe $10M in store... by moftz on Monday July 22, 2019 @09:54AM (#20497963)
If you can prove your money is in there and can also prove that the money wasn't proceeds of a crime (selling illegal drugs, firearms, etc) then it's yours. I'm guessing very few people really wanted to tell the FBI who they were and what they were selling/buying on there.
Re:Ex-Microsoft dev used test account to swipe $10M in store... by gruez on Thursday July 18, 2019 @03:21PM (#20473087)
how do you seize a brainwallet?
Re:Ex-Microsoft dev used test account to swipe $10M in store... by tdxcbkifxx on Friday July 19, 2019 @04:42PM (#20482293)
By cracking the weak crypto used to generate it
Re:Ex-Microsoft dev used test account to swipe $10M in store... by astura on Thursday July 18, 2019 @02:31PM (#20472680)
No because in addition to the fine, which goes to the government, he'll be ordered to pay restitution to Microsoft for any money they are out as a result of his criminal actions - which would probably be the entire amount of money he stole and their legal fees at the minimum.
Re:Ex-Microsoft dev used test account to swipe $10M in store... by ar_lan on Thursday July 18, 2019 @02:53PM (#20472878)
Hopefully they can charge interest as well.
Re:Ex-Microsoft dev used test account to swipe $10M in store... by astura on Thursday July 18, 2019 @04:15PM (#20473523)
Re:Ex-Microsoft dev used test account to swipe $10M in store... by rahimnathwani on Thursday July 18, 2019 @03:54AM (#20467715)
Fines are punishment. Restitution/compensation is separate.
Re:Ex-Microsoft dev used test account to swipe $10M in store... by pkilgore on Thursday July 18, 2019 @01:42PM (#20472187)
This. Also, as an attorney, I view all descriptions of possible sentences with extreme skepticism.

A hyperbolic explanation [1] so I don't have to retype something similar:

> Federal sentences are calculated using the United States Sentencing Guidelines. The guidelines are a very complex set of rules used to calculate a federal sentence based upon the crime charged, the circumstances of the case, and the criminal record of the defendant. Calculating a very simple sentence is like completing a very simple tax return under, say, 1040-EZ; a complex sentence is like completing a tax return for a troubled entity engaged in questionable tax practices. Or, for you old-school geeks, like creating a Runequest character for a friend who is an argumentative rules-lawyer. From the enactment of the guidelines in the 1980s until United States v. Booker in 2005, the guidelines were binding upon federal judges — they had to follow the guidelines unless there were grounds for a "departure," meaning the rare circumstance not contemplated by the guidelines. Guidelines-application litigation was time-consuming, tedious, and generally despised by trial and appellate judges. In 2005, the Supreme Court decided to construe the guidelines as mere recommendations which federal judges must consider, thus avoiding the Constitutional dilemma of the sentencing judge making findings of fact driving the sentence without a jury's input. Now, federal judges calculate and consider guidelines sentences, but make their own determination, taking into account the factors required by federal statute. Appellate courts review trial judges' sentences for "reasonableness," in which adherence to the guidelines is one factor. Sentences within the guidelines are presumed reasonable. Most federal judges tend to issue sentences close to the guidelines; some impose sentences below, but it's rarer to see one impose a sentence above.

[1] excerpted from the much longer and funnier https://www.popehat.com/2013/02/05/crime-whale-sushi-sentenc...

Re:Ex-Microsoft dev used test account to swipe $10M in store... by ABeeSea on Thursday July 18, 2019 @11:21AM (#20470735)
These are federal charges in a federal court. There is no getting reduced sentences for good behavior in the federal system; that’s only for state courts. If he gets 20 years, he has to serve at least 16 by law.
Re:Ex-Microsoft dev used test account to swipe $10M in store... by ziddoap on Thursday July 18, 2019 @12:49PM (#20471635)
I'm not familiar with how your system works, but aren't these two statements contradictory?

>There is no getting reduced sentences for good behavior

>If he gets 20 years, he has to serve at least 16 by law.

I am assuming that the 4 year difference would be applied in the event of... Good behavior?

Re:Ex-Microsoft dev used test account to swipe $10M in store... by celticmusic on Thursday July 18, 2019 @03:26PM (#20473127)
it's probably written into law as opposed to being a decision made by a panel/judge (just guessing).
Re:Ex-Microsoft dev used test account to swipe $10M in store... by gruez on Thursday July 18, 2019 @03:22PM (#20473100)
parole?
Re:Ex-Microsoft dev used test account to swipe $10M in store... by ziddoap on Thursday July 18, 2019 @03:29PM (#20473158)
Which, as far as I know, parole is generally granted on terms of good behavior.
Re:Ex-Microsoft dev used test account to swipe $10M in store... by brianwawok on Thursday July 18, 2019 @03:44AM (#20467662)
He won’t get to keep it