Legal Question in Technology Law in Massachusetts
Criminal Charges/computer crime/fraud
Hello, I am writing because the USSS and police came to me since I was accessing database information from my prior employer. I told them that I intended to sell it and was contacted by a competitor who offered to buy it from me. they asked how the competitor got my information and i said that i gave it to them. i never sold anything and dont have the information anymore nor do i intend to ever do anything like that again. They did cuff me for email fraud and then let me go. They took the computer from the cluster I was in as evidence, I imagine. The detective told me to call him which I did but have heard nothing back.
What are potential charges that could be brought against me. PLease let me know as soon as possible. Thanks so much.
1 Answer from Attorneys
Re: Criminal Charges/computer crime/fraud
Do not make any further statements until AFTER you speak with an attorney.
Your statements may be enough to convict you of both state and
federal crimes, and the penalty could be up to 10 years in federal
prison. You face a serious situation.
Whether you were paid anything has nothing to do with the
wrongfullness of the act. If they prove that you took it and then
provided it to a competitor, that would be enough.
If you used a different computer, get an attorney and get that
computer to that attorney. The government cannot seize the computer
from your attorney's office.
In Mass you can be charged with theft of computer services, and
theft of the list (it is property, just like a car).
In federal court, there are cyber crime statutes, and if the
information was a trade secret, theft of trade secrets (also in
state court).
You do not say where the two companies were located, if they are in different states, then any theft took place across state lines, and
the Feds can be involved. This is generally not a good thing for
defendants.
Your notion that you were not paid is not going to matter.
Tom