refComputer crimeers to any crime that involves a computer or a network. The computer may have been used in the commission of a crime, or it may be the target. Cybercrimes are defined as: “Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as Internet (chat rooms, e-mails, notice boards and groups) and mobile phones (SMS/MMS)”.

Some of the more notable internet crimes are:

Internet Fraud

A crime in which the perpetrator develops a scheme using one or more elements of the Internet to deprive a person of property or any interest, estate, or right by a false representation of a matter of fact, whether by providing misleading information or by concealment of information.

Internet Advertising or “Click Fraud”

Click fraud is a type of fraud that occurs on the Internet in pay per click online advertising when a person, automated script or computer program imitates a legitimate user of a web browser clicking on an ad, for the purpose of generating a charge per click without having actual interest in the target of the ad’s link. Click fraud is the subject of some controversy and increasing litigation due to the advertising networks being a key beneficiary of the fraud.

E-Bay® Fraud

The use of E-Bay® to commit many different types of online fraud (selling stolen items, obtaining credit card info, selling “fake” or “forged” items, obtaining money by false pretenses, etc).

Phishing

Attempting to acquire information such as usernames, passwords, and credit card details (and sometimes, indirectly, money) by masquerading as a trustworthy entity in an electronic communication. Communications purporting to be from popular social web sites, auction sites, online payment processors or IT administrators are commonly used to lure the unsuspecting public.

Vishing

(Voice phISHING) Also called “VoIP phishing,” it is the voice counterpart to phishing.

Computer Intrusions or Hacking

Knowingly accessing a computer without authorization or exceeding authorized access–regardless of intent to harm.

Password Trafficking

A criminal offense under most jurisdictions, is the act of sharing, selling or buying stolen passwords.

SPAM

Using the internet to send unsolicited advertising.

Identity Theft

The fraudulent acquisition and use of a person’s private identifying information, usually for financial gain.

Visit our theft crimes page for more information on the definitions of identity theft.

Internet Harassment or Stalking

Cyber harassment and cyber stalking are often used synonymously to describe the actions of persons who relentlessly pursue others online with the intention of frightening or embarrassing the victim.

Copyright Piracy and Warez Schemes

Downloading and using intellectual property (movies, music, etc) without purchase or prior consent.

Other Internet Crimes

Using a Computer to Facilitate a Crime
Violations of the Oklahoma Computer Crimes Act
Internet bomb threats
Trafficking in explosives
Counterfeiting of currency or securities
Trade secret theft or infringement
Cyber-Sex Crimes

Cybersex is a common outlet in today’s world. As a result, cyber sex crimes are being charged more frequently in federal and state courts. Joint and individual “sting” operations are in place by the FBI, the U.S. Postal Inspectors, Homeland Security, Immigration and Customs Enforcement (ICE) and other state and local law enforcement agencies. Many of these crimes are prosecuted in the federal courts because of the multi-jurisdictional issues and the federal government’s resources devoted to these issues. However, the State is catching up with technology and is now routinely charging technology and cyber crimes. We defend those charged with sex crimes nationwide in federal courts or in state courts in Oklahoma.

The Wyatt Law Office has represented suspects in some of these operations and many other cyber investigations. With the proliferation of the Internet, criminal complaints involving cybersex will likely involve allegations such as:

Possession of Child Pornography is punishable by zero to 20 years for simple possession. For receipt of child pornography, the range of punishment is not less than 5 years nor more than 20 years. Soliciting or causing a child to participate or manufacturing carries 15 years to life. See 18 U.S.C. § 2252A.

Sexual Exploitation of a Child involves possession or distribution of any material such as visual depictions in books, magazines, periodicals, films, and videotapes that involve sex acts or sexual exploitation of a child (under age 18). Generally speaking, the range of punishment is the same for possession of child porn. See 18 U.S.C. § 2252.

Solicitation of Child Porn. 18 U.S.C. § 2251 makes it a crime to post “any notice or advertisement seeking or offering to receive, exchange, buy, produce, display, distribute, or reproduce any visual depiction involving the use of a minor engaging in sexually explicit conduct. This statute also applies when such person knows that such notice or advertisement will be, or has been, transported in interstate or foreign commerce by any means, including by computer.”

Production for Importation. Creation or production of sexually explicit depictions of a minor for importation into the United States is a crime pursuant to 18 U.S.C. § 2260.

Solicitation of Children for Sex. 18 U.S.C. § 2425 makes it a crime to use interstate facilities (i.e., the Internet or phones) to transmit information about an individual under the age of 16, with “the intent to entice, encourage, offer, or solicit that minor to engage in any sexual activity that can be charged as a criminal offense.”

Human Traffficking &Trafficking for Prostitution. Although human trafficking per se is not necessisarily a sex crime, most children who are kidnapped are trafficked or sold for sexual purposes, which would result in a sex crime application. It is a crime to take children across state or federal borders for sex. See 18 U.S.C. §§ 2421, 2423 and 2251A(a) and (b).

Traveling for Sex with Children. It is also a crime for an adult to travel across state or federal borders for the purpose of engaging in sex. See 18 U.S.C. § 2423(b).

Sex Tourism involves a perpetrator who travels abroad in order to engage in a sex act or acts which are illegal in the U.S. but may be lawful in another country. Covered under the Federal Protection Act, an offense of this nature may involve a person traveling to another country with a minor or to meet a minor and engage in sexual activity. A mandatory 10 year term of imprisonment may be imposed for a federal sex crime of this nature.

The FBI has celebrated more than 10 years with special cybercrime units like the Innocent Images National Initiative, which has now gone international in scope. In the past 10 years, the FBI has developed the Computer Intrusion Unit, the Computer Crime Task Force, Cyber Action Teams, IC3 (Internet Criminal Complaint Center), and ECAP (Endangered Child Alert Program). As a result of these specialized units, the federal government has increased the investigative presence on the Internet, investigating more than 15,000 crimes and filing criminal charges or indicting in more than 6,000 cases which resulted in nearly 4,800 convictions in the past 10 years.

The U.S. government, through the FBI, ICE, Homeland Security, U.S. Postal Inspectors, Secret Service, and other agencies have conducted dozens of investigations such as Operation Peer Pressure (investigating the use of peer-to-peer computer systems), Operation Bot Roast and Bot Roast II, Operation Candyman (child porn sting), Operation Crying Eyes (sexual abuse of children and child porn sting). These federal criminal agencies work closely with National Center for Missing and Exploited Children.


EXPERIENCED LAWYERS

We defend persons accused of Internet crimes or computer crimes nationwide in federal courts or in Oklahoma’s state courts. If you are under investigation or are charged with any of these crimes, the Wyatt Law Office can help you.

Call the Wyatt Law Office at 405.234.5500 to reach your Oklahoma Computer and Internet Crimes Lawyers and Attorneys.  Your future is our business.

NOTEWORTHY CASES

2 year sentence in State Child Porn. Over 200,000 images involved. Client received sentence of 2 years.*

4 years given in Federal Child Porn. U.S. District Court for the W.D. Oklahoma varied from the U.S. Sentencing Guidelines — giving Wyatt’s client a term of 4 years. U.S. Sentencing Guidelines called for approximately 8 years and plea agreement called for not less than 5 years. This non-Guideline sentence, while rare, was fair based on evidence presented to the Court.*

Probation given in Federal Child Porn. The U.S. District Court for the W.D. Oklahoma granted a term of straight probation for possession of child porn. This non-Guideline sentence, while very rare, was fair.*

14 month sentence for Federal Child Porn. U.S. District Court sentenced Wyatt’s client to only 14 months for possession. Client faced up to 10 years. The sentence was a significant departure from the U.S. Sentencing Guidelines.*

Not Guilty Verdict Possession of Child Porn. Client charged with 5 counts of possession of child pornography. The law enforcement agent testified that my client had confessed to accidentally accessing a child porn web site on two or more occasions and the feds had strong circumstantial evidence of guilt because the only time there was child porn (or any porn) on the computer was when the client was recovering from cancer surgeries at his 80-year-old mother’s house. The defense presented expert testimony of other “non-porn” searches (which indicated the searches were not my client) on the computer within the times that the Government claims my client was surfing kiddie porn, and we presented evidence of an imperfect alibi (that he was in another city earlier in the day – even though no proof that he was in the second city at the “time” the porn was searched). Client testified.*

Bob Wyatt was interviewed by the National Law Journal for his expertise in the area of sex crimes and cybercrimes. The article was published on February 18, 2008.

Child Porn (Second Offense) Charge Dismissed. Client was charged with downloading and viewing child pornography after a former arrest for similar accusations. After a full hearing, the court declined to “accelerate” the previous deferred sentence for possession of obscene materials and the new charge of possession of child porn was dismissed.*

14-Count Federal Child Porn Indictment Dismissed. Wyatt and McCoy investigated, researched, briefed, argued and convinced the federal court to suppress evidence obtained pursuant to a search warrant in the FBI’s nationwide OPERATION CRYING EYES investigation. After the federal judge’s ruling, the U.S. Attorneys’ Office dismissed the 14-count indictment.*

Child Porn Charges against Professor Dismissed. After more than a year of hotly contested litigation, the District Attorney dismissed charges against Wyatt’s client for possession of child porn and for using an employer’s computer to access child pornography. Client pled no contest to a reduced charge for a violation of the Oklahoma Computer Crimes Act. No jail time ordered.*

Internet Child Solicitation & Traveling for Sex — Not Guilty Verdict. The Wyatt Law Office tried an Innocent Images case to a federal jury in Oklahoma City winning a “not guilty” verdict on both counts of using the Internet to entice a minor for sex and for traveling across state lines to engage in sex with a minor.*

*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.