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United States of America v. Marcus Mcgrath "Cybix"; "Andrew (Cybix

September 10, 2012

UNITED STATES OF AMERICA
v.
MARCUS MCGRATH "CYBIX"; "ANDREW (CYBIX)"; "SPEED@CLIFFHANGER.COM"; "MARK BROWNING"; "CYBIX@SINGAPORE.COM"



The opinion of the court was delivered by: Percy Anderson, United States District Judge

Social Security No. 1 6 0 5

(Last 4 digits)

JUDGMENT AND PROBATION/COMMITMENT ORDER MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 09 10 2012

Yasmin Cader, DFPD

(Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Unauthorized Access to a Protected Computer Causing Damage in violation of Title 18 U.S.C. 1030(a)(5)(A)(iii), (a)(5)(B)(i), (c)(2)(A), as charged in the Single-Count First Superseding Information.

The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed on the Single-Count First Superseding Information to the custody of the Bureau of Prisons to be imprisoned for a term of TIME SERVED. The defendant is ordered release forthwith.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of one year under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;

The defendant shall pay the special assessment and restitution prior to departing this country and in accordance with this judgment's orders pertaining to such payment;

The defendant shall perform 20 hours of community service when not employed, in school or for other acceptable reasons as directed by the Probation Officer;

During the period of supervision, the defendant shall refrain from visiting any internet website or forum dedicated to credit card fraud or hacking;

The defendant is ordered to report to the Probation Office within 48 hours of re-entering the United States following his departure; and

The defendant shall comply with the immigration rules and regulations of the United States, and if the defendant voluntarily leaves this country, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 48 hours of any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office, located at the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012.

It is ordered that the defendant shall pay to the United States a special assessment of $25, which is due immediately.

Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able to pay any fine in addition to restitution.

It is ordered that the defendant shall pay restitution in the total amount of $10,000, pursuant to 18 U.S.C. § 3663A to victims as set forth in a separate victim list prepared by the probation office, which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victims.

Restitution shall be paid prior to the defendant leaving this country. Defendant is advised of his right to appeal.

Upon government's motion, all remaining counts of the underlying indictment, are ordered dismissed.

The Court orders Pretrial Services to return ...


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