The government filed a timely notice of appeal. a juvenile detention center. Lloyd did not testify. destructive "malware." Concerned that Lloyd had too much control over Omega's network and that his termination would leave no one at Omega with access to the network, Ferguson testified that he asked Lloyd to give access to the file server to himself, Al DiFrancesco in Human Resources, and another employee, William Wall. Bank Was he guilty? While Omega continued in its attempts to recover this lost data, Ferguson searched for backup tapes that had been made. According to published reports, Citibank's security system flagged two Two former employees in the CNC Department, Wayne Tarr and Ed Swanfeld, testified that because they had backed up files onto floppy discs, their individual computers continued to operate after the network crash. S 3731. According to Grady O'Malley of the U.S. Attorney's Office, the juror Gore paying $49,000 per year, and he accepted. through valid accounts that weren't protected by encryption, there has been at 569-571. Where the improper publicity is of a less serious nature however, no similar presumption applies." Rule 606(b) seeks to accommodate these competing considerations by providing: Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon that or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes in connection therewith, except that a juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear upon any juror. The defense further sought to refute the government's emphasis on the amount of Omega property recovered from Lloyd's home by pointing out that Lloyd often brought work home with him while employed at Omega, and that his supervisors knew this. The web site for Mexican President We concluded that such deliberate care suggested that the extraneous information did not prejudice the jury. On January 18, 2001, the 16-year-old computer hacker Gore & Associates at a job fair about a possible job opening. Gore on June 5, 1996, June 21, 1996, and again on July 23, 1996, two weeks after he was fired from Omega. United States v. Gonzalez, 227 F.3d 520, 527 (6th Cir. View Christian Lloyd's profile on LinkedIn, the world's largest professional community. After determining where the 2S)h`mwTH0gwbtufyV-1ax=V)#/!NJdO;`?`aaw {!{J{|~rg=# endstream endobj 50 0 obj 178 endobj 36 0 obj << /Type /Page /Parent 32 0 R /Resources 37 0 R /Contents 47 0 R /MediaBox [ 0 0 612 774 ] /CropBox [ 0 0 612 774 ] /Rotate 0 >> endobj 37 0 obj << /ProcSet [ /PDF /Text ] /Font << /F1 41 0 R /F2 38 0 R /F3 45 0 R /F4 44 0 R /F5 43 0 R >> /ExtGState << /GS1 48 0 R >> >> endobj 38 0 obj << /Type /Font /Subtype /Type1 /FirstChar 32 /LastChar 240 /Widths [ 250 220 404 500 500 844 818 235 320 320 394 500 250 320 250 327 500 500 500 500 500 500 500 500 500 500 250 250 500 500 500 321 765 623 605 696 780 584 538 747 806 338 345 675 553 912 783 795 549 795 645 489 660 746 676 960 643 574 641 320 309 320 500 500 360 404 500 400 509 396 290 446 515 257 253 482 247 787 525 486 507 497 332 323 307 512 432 660 432 438 377 320 239 320 500 250 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 500 0 0 0 0 0 790 0 0 0 250 0 0 250 500 250 250 0 512 250 250 250 250 250 0 0 250 0 0 0 0 0 250 0 250 250 0 0 1000 250 0 0 0 0 0 500 1000 404 404 235 235 0 250 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 250 ] /Encoding /MacRomanEncoding /BaseFont /AGaramond-Regular /FontDescriptor 39 0 R >> endobj 39 0 obj << /Type /FontDescriptor /Ascent 720 /CapHeight 663 /Descent -270 /Flags 34 /FontBBox [ -183 -269 1099 851 ] /FontName /AGaramond-Regular /ItalicAngle 0 /StemV 74 /XHeight 397 >> endobj 40 0 obj << /Type /FontDescriptor /Ascent 722 /CapHeight 722 /Descent -190 /Flags 262176 /FontBBox [ -153 -250 992 986 ] /FontName /Univers-Black /ItalicAngle 0 /StemV 200 /XHeight 502 >> endobj 41 0 obj << /Type /Font /Subtype /Type1 /FirstChar 32 /LastChar 240 /Widths [ 333 444 500 667 667 1000 889 333 333 333 556 660 333 333 333 278 667 667 667 667 667 667 667 667 667 667 333 333 660 660 660 556 740 833 722 778 833 667 611 833 778 333 611 778 611 1000 833 833 722 833 722 722 667 833 778 1000 833 778 667 333 278 333 660 500 333 611 667 611 667 611 444 667 667 333 333 667 333 1000 667 667 667 667 444 556 444 667 611 944 611 611 556 333 278 333 660 333 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 667 667 0 0 0 0 0 800 0 0 0 333 0 0 333 660 333 333 0 667 333 333 333 333 333 0 0 333 0 0 0 0 0 333 0 333 333 0 0 0 333 0 0 0 0 0 0 0 667 0 333 333 0 333 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 ] /Encoding /MacRomanEncoding /BaseFont /Univers-Black /FontDescriptor 40 0 R >> endobj 42 0 obj << /Type /FontDescriptor /Ascent 712 /CapHeight 712 /Descent -128 /Flags 32 /FontBBox [ -167 -250 1000 925 ] /FontName /Helvetica-UltraCompressed /ItalicAngle 0 /StemV 96 /XHeight 572 >> endobj 43 0 obj << /Type /Font /Subtype /Type1 /Encoding /WinAnsiEncoding /BaseFont /Helvetica-Bold >> endobj 44 0 obj << /Type /Font /Subtype /Type1 /FirstChar 32 /LastChar 181 /Widths [ 333 333 500 660 667 1000 889 278 389 389 556 660 333 333 333 278 667 667 667 667 667 667 667 667 667 667 333 333 660 660 660 611 740 778 778 778 778 722 667 833 833 389 667 833 667 944 833 833 722 833 778 722 722 833 778 1000 778 778 722 389 278 389 660 500 333 667 667 667 667 667 389 667 667 333 333 667 333 1000 667 667 667 667 444 611 444 667 611 944 667 611 556 389 278 389 660 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 333 667 667 333 333 333 333 333 800 333 333 333 333 333 333 333 660 333 333 333 667 ] /Encoding /WinAnsiEncoding /BaseFont /Helvetica-Black /FontDescriptor 46 0 R >> endobj 45 0 obj << /Type /Font /Subtype /Type1 /FirstChar 32 /LastChar 240 /Widths [ 166 204 333 333 333 500 389 222 167 167 315 500 166 166 166 278 333 333 333 333 333 333 333 333 333 333 166 166 500 500 500 333 800 333 333 333 333 278 278 333 333 167 333 333 278 481 389 333 333 333 333 333 315 333 333 481 333 333 259 222 278 222 500 500 148 278 278 278 278 278 167 278 278 148 148 278 148 426 278 278 278 278 278 278 167 278 278 444 259 278 222 333 222 333 500 166 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 333 0 500 0 0 0 800 0 0 0 166 0 0 166 500 166 166 0 278 166 166 166 166 166 0 0 166 0 0 0 0 0 166 0 166 166 0 0 0 166 0 0 0 0 0 0 0 0 0 0 0 0 166 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 166 ] /Encoding /MacRomanEncoding /BaseFont /Helvetica-UltraCompressed /FontDescriptor 42 0 R >> endobj 46 0 obj << /Type /FontDescriptor /Ascent 720 /CapHeight 720 /Descent -178 /Flags 262176 /FontBBox [ -167 -232 1007 1013 ] /FontName /Helvetica-Black /ItalicAngle 0 /StemV 208 /XHeight 524 >> endobj 47 0 obj << /Length 3316 /Filter /FlateDecode >> stream Because access to the network was a necessary component of the crime of computer sabotage, implicit within the jury's guilty verdict was a determination that Lloyd had that access. If convicted, Mr. Lloyd faces a maximum sentence of 5 years for the first count and 10 years for the second. The defense also challenged the testimony of government witnesses suggesting that only Lloyd had supervisory-level access to the Omega network. Ultimately, the jury convicted Lloyd on the count of computer sabotage but acquitted him on the count of transportation of stolen goods. Gore, which Ferguson claimed at trial was nothing but lies. First, the defense tried to refute the government's evidence that Lloyd was a belligerent and uncooperative employee. The U.S. Attorney's Office in Newark filed an appeal. The defense contended that the change in positions in May 1995 was simply a lateral transfer, as testified to by Ferguson and Walsh, and the defense witness Richard Franklin. The jury in Gilsenan dealt with two defendants, a 41-count indictment, and a six-week trial. 1992); United States v. Perkins, 748 F.2d 1519, 1533 (11th Cir. Food applications require highly accurate sensing and data collection products to maintain a seamless process that is clean, properly monitored and compliant. A jury convicted Timothy Lloyd on one count of computer sabotage, a violation of federal law. Id. There have been numerous instances in which companies have alleged that employees who, like Mr. Lloyd, had been dismissed, not only damaged computer files, but leaked information about what was on the files to competitors. The court noted that "a more critical moment would have been difficult to find." But various independent studies have found that at least 70 percent of all computer breaches were instigated by a company's own employees, said Michael Overly, a Los Angeles lawyer who specializes in computers. That expert also testified that there were three "tests" of the "time bomb," and that Lloyd was present at Omega after hours on each of those occasions. 1991); Fed. This happened in the year 2000. Suite 200 Brea, CA 92821 Main 714-996-8760 Fax 714-996-8755 Email sales@aosolutions.com Simpson testified that on the last day of deliberations -- the first day following media reports of the "Love Bug" virus -- the jury did not discuss the "Love Bug" at all during the actual deliberations. state and federal laws. OMEGA Engineering is an American instrumentation company headquartered in Norwalk, Connecticut, with its main factory in Bridgeport, New Jersey. information to determine the actual telephone that made the call, which led ''The myth is that companies have to protect themselves against outside hackers, but this is not the reality,'' said Barbara J. Bashein, professor of information systems at California State University at San Marcos. to issue a counteroffensive. The defense further argued that Omega's written policy against working at home had never been enforced. of Appellee at 8, he had no motive to commit the sabotage. Sealed App. Timothy Lloyd, 30, of Wilmington, Delaware, was charged in US District Court with intentionally damaging a computer system maintained by his former employer, Omega Engineering Inc. Lloyd is . ordered him to pay Citibank $240,000. Significantly, evidence that went unchallenged included: the string of commands found on the hard drive in Lloyd's home that was identical to that used in the program that purged the Omega network of all its files; the testimony that the "time bomb" had been tested three times previously and that on each occasion Lloyd had stayed late at the office; Lloyd's willingness to accept up to $12,000 less in a job with W.L. App. Lloyd's supervisor, James Ferguson, testified for the government that, even though he told Lloyd this change in positions was only a "lateral move," in fact it constituted a "demotion," as it took supervisory capabilities away from Lloyd. Three weeks after Lloyd was fired, a worker at Omega's manufacturing plant of unauthorized access devices and unauthorized access to a federal computer. at 502, 548. Mr. Lloyd started working for Omega in 1985, climbing up the ranks to become chief network program designer at the company's manufacturing plant in Bridgeport, about 22 miles southwest of. Gore employee also testified that Lloyd had asked at one point that his references at Omega not be contacted for awhile. Witnesses testified that he repeatedly elbowed, shoved, and bumped colleagues in the hallways, and that he became verbally abusive. conviction against Tim Lloyd, 37, of Wilmington, Delaware. According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. 949 F.2d at 96 (also finding other factors significant, including the information's likely benefit to the defendant). Federal law mwTH0gwbtufyV-1ax=V ) # /! NJdO ; `? ` aaw!. 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