US v. Umeti: Umeti and two codefendants created a scheme by which they utilized phishing scams and malware to “deceive businesses into executing wire transfers” into accounts they controlled. As a result, they were charged with numerous offenses, including wire fraud and conspiring to cause intentional damage to a protected computer causing a loss of at least $5000. During voir dire at Umeti’s trial (one co-conspirator pleaded guilty, the other’s “charges remain pending”), a potential juror indicated he “worked in cybersecurity,” his company “might have done some of the remediation work,” and “I’ve heard of the defendants.” He was struck for cause, but Umeti expressed concern that the entire jury had heard the statements which indicated “he had firsthand knowledge that the defendants . . . were involved in fraud.” Umeti was convicted on all counts. The district court later denied amotion for new trial based on the excused juror’s statements. Umeti was sentenced to 120 months in prison.
On appeal, the Fourth Circuit affirmed most of Umeti’s convictions, but vacated the computer damage charge. As to the excused juror, the court concluded that the district court did not abuse its discretion in denying Umeti’s new trial motion. Umeti could not show that he was entitled to a rebuttable presumption of prejudice due to an extrinsic influence on the jury because the excused juror’s statements were only “innocuous interventions” and “nothing” in his statements “show any disposition toward Umeti’s guilt or innocence.” As to the computer damage conviction, however, the court held that the Government failed to prove at least $5000 in damages were incurred, which raised the statutory maximum on that count from one year to ten. While the Government presented witness testimony from the impacted companies about things they had to do because of the hacking, specific amounts of loss were never mentioned, so the jury could not conclude that any particular amount of damages were done.
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