1. Prosecuting International Intellectual Property Crimes
Matt Parrella
Assistant United States Attorney
Computer Hacking/Intellectual Property (CHIP)Unit Chief
Northern District of California

2. Agenda Mutual Legal Assistance Preservation of Evidence Extradition
Case Examples

3. DOJ International Presence
Intellectual Property Law Enforcement Coordinator
(IPLEC)
Bangkok
Sofia
Hong Kong

4. Mutual Legal Assistance
Obtaining Information from Other Countries

5. Assistance Available from Abroad
Information exchange,
Foreign evidence gathering,
Obtaining testimony,
Service of process,
Restraint and forfeiture of assets, and
Investigative support

6. Common Requests in IP Cases
Subscriber and Account Information
IP Address Subscriber and Account Information
Server, website, or Content (Historical)
Searches
Interviews
Same information is available in requests to the U.S.
We use the same process to obtain information on behalf of other countries. E.g., for content, we obtain a search warrant.

7. Mutual Legal Assistance Treaties
U.S. has approximately 80 bilateral MLATs
Also European Union Instruments
Govern mandatory assistance
May limit assistance to certain crimes, dual criminality.

8. Multilateral Treaties
UN Treaties, e.g., United Nations Convention Against Transnational Organized Crime (UNTOC or Palermo Convention)
Council of Europe Convention on Cybercrime (Budapest Convention)

9. Convention on Cybercrime
Facilitates international investigation and prosecution
Minimizes substantive and procedural obstacles
Removes “dual criminality” requirement for preservation

10. Assistance without Treaty
Letters rogatory and Letters of request
Assistance is discretionary

11. Preservation of Evidence
Ensuring Data Doesn’t Disappear

12. 24-7 Network Approximately 50 countries DOJ point of contact
Around-the-clock assistance

13. Extradition
Return of Fugitives from Abroad

14. Mechanics of Extradition
Treaty-based (U.S. has 100+ treaties)
Already charged in U.S.
Provisional arrest
Extradition request
Rule of Specialty

15. Alternatives to Extradition
Expulsion
Deportation
Lure
Prosecution in foreign country

16. Case Examples
International Prosecutions

17. Counterfeit Software
Eight undercover purchases of counterfeit software

18. Counterfeit Software

19. Counterfeit Software

20. Counterfeit Software
Distribution Network

21. Lay Eng Teo, Singapore citizen
Counterfeit Software
Lay Eng Teo, Singapore citizen

22. Manufacturing Sites in Singapore
Counterfeit Software
Manufacturing Sites in Singapore

23. Counterfeit Software
Undercover meeting
in Hong Kong

24. Counterfeit Software Arrest in Hong Kong Extradition to U.S.
Guilty plea
Sentenced to 46 months imprisonment

25. Trade Secrets Theft/Computer Intrusion
U.S. company discovered network vulnerability while conducting routine security check.
Someone had accessed and taken a large amount of highly sensitive corporate data from the network.
IP address led to U.K. subscriber; U.K. opened its own parallel investigation.
U.K. authorities executed search warrant, conducted interview with U.S. law enforcement assistance.

26. Trade Secrets Theft/Computer Intrusion
U.K. citizen, prosecuted in U.K.
Sentenced to eight months imprisonment.
Confidential information recovered before it could be publicly disclosed.

27. Restraining Proceeds of Unlawful Activity
Defendant charged in U.S. with selling false identification documents.
At time of arrest, government seized over $1 million in proceeds.

28. Restraining Proceeds of Unlawful Activity
Identified additional bank accounts through search warrants, but relative drained accounts and fled to Israel before those could be seized.
MLAT request to Israel to seize funds as proceeds of unlawful activity.
Israeli authorities complied and are conducting their own investigation of defendant’s relative for possible money laundering or other violations.

29. Matt Parrella Assistant United States Attorney Computer Hacking/Intellectual Property (CHIP)Unit Chief Northern District of California