In Virginia, computer crimes are codified under the Virginia Computer Crimes Act.  Some Virginia computer crimes include:

• SPAM/ Unsolicited or bulk electronic mail – In Virginia, criminal transmission of SPAM email occurs when someone uses a computer to forge email transmission information or distributes  software primarily for that purpose.
• Computer Trespass- In Virginia, computer trespass is unauthorized use of a computer or computer network to remove data or computer software, alter or erase data or software, transfer funds, or make an unauthorized copy of data or software.
• Computer Invasion of Privacy
• Computer Fraud – In Virginia, computer fraud is using a computer without authority to obtain property or services by false pretenses, embezzle or commit larceny.
• Computer Embezzlement
• Theft of Computer Services
• Use of a Computer as an Instrument of Forgery.

These charges are commonly brought when the government alleges that a person knowingly transfer, possess, or use, without lawful authority the credit card or means of identification (many times computer access fraud charges are filed in conjunction with identity theft charges).  The means of identification may include social security numbers and other identifiable information.

Just like any Federal criminal charges (or cybercrime accusations), whether in the Eastern District of Virginia, the Southern District of Texas in Houston, the Arkansas Federal Courts, or any other Federal court require competent assistance.  With a solid technical educational background and experience, Domingo J. Rivera may assist you in defending against Fraud in Connection with Access Devices charges in Federal Court.  In Virginia, many of these cases are typically handled in the Richmond Division of the Eastern District of Virginia.

Some recent cyber crime defense cases where we have assisted our clients include:

• Our client was accused of being the leader of the most prolific Internet music piracy group in the world.  The charge consisted of conspiracy to commit copyright Infringement.  The charges were initially brought in the United States District Court for the Eastern District of Virginia located in Alexandria, Virginia.  The trial took place in the United States District Court for the Southern District of Texas, located in Houston, Texas.  Our client elected to have is case tried by a Federal Jury.  Our technical knowledge assisted us in providing competent legal representation and bringing the case to a successful resolution.  Read More…
• Our client was arrested on access device fraud charges and aggravated identity theft in the Eastern District of Virginia, Richmond Division.  The accusations involved alleged selling of stolen credit card numbers, social security numbers, other personally identifiable information, as well as e-mail account data for spam purposes.  We thoroughly reviewed the government evidence, both the technical and the legal aspects, and assisted our client in obtaining a favorable result.
• Our client was accused of using a computer system to solicit a minor in Chesterfield County, Virginia.  Our technical knowledge allowed us to properly dissect and understand the technical issues in the government’s evidence, resulting in a favorable resolution for our client.
• Our client appealed a case handled by another defense attorney to the Virginia Court of Appeals and to the Virginia Supreme Court.  The charges involved the use of a computer system to facilitate certain offenses involving children in Virginia.  Our technical knowledge allowed us to be able to understand the case immediately and completely analyze all the issues despite being retained after the appeal process was already underway.
• Our client was a victim of computer trespass and unauthorized network access by a former employee.  Our experience in both the legal and technical aspects allowed our client to gather the necessary evidence to prosecute the perpetrator in a “one-stop shopping” manner.
• Our client was charged with eight counts of use of a computer system to facilitate certain offenses involving children in Virginia.  Our technical analysis allowed us to get the majority of the charges dismissed, resulting in a resolution of the case involving no jail time.
• Our client was a victim of computer fraud, computer trespass and unauthorized access to his computer by a debt collector.  Our technical know-how and legal analysis allowed us to recommend a course of action for this activity, which may have otherwise gone undetected.  Read More…