It was alleged by the prosecution that Scott Dyleski single-handedly stole credit card information from his neighbors, and tried to use that information to fund the marijuana growing scheme that he and Robin Croen were attempting to start. DA Hal Jewett did not offer any evidence in court as to how Scott obtained the stolen information, however he was quick to point out that those who knew Scott did not feel he had hacker capabilities, and thus speculated that Scott broke into the neighbor's homes and stole the information from either their computer or their personal files.
The testimony of John Halpin disputes the prosecution's theory and sheds some light on the credit card scam. The testimony is worth review and there will be more commentary at the end.
Keep in mind that Scott's computer and hard drive were subject to a forensic examination.
Trial testimony of John Halpin
Quote:
Q. First of all, can you describe this People's Exhibit 28, numbered 1, what is this thing that I am showing you here?
A. It's a piece of paper that has very much of my personal information on it.
THE COURT: Okay. Sir, actually, he's not speaking into the microphone.
THE WITNESS: Okay.
THE COURT: Let's put it over here.
THE WITNESS: It's a piece of paper that has much of my personal information on it.
MR. JEWETT: Q. And when you say much of your personal information, could you be more specific? Exactly what personal information is on there? Let's go through it line by line.
A. My complete name, my complete road address, my zip code, state, city, phone number, birth date, Visa credit card number with the expiration date and the three-digit security code.
Q. And what's the three-digit security code?
A. It's the code that's on the back of the card by the signature, I believe.
Q. And could you turn that piece of paper over?
A. (Witness complied.)
Q. Is there any writing on the back of that?
A. No.
Q. Okay. Now, let's go ahead and turn it back over to the front. Do you recognize the handwriting on there?
A. No.
Q. Did you authorize anybody to collect that information pertaining to you?
A. No.
Q. Okay. Let's go to the number two. Now, can you put the number 1 up on the counter there so we can all see it?
A. (Witness complied.)
Q. Yeah. Now, I want to show you number 2. Okay. Without reading it, is there some words on this piece of paper?
A. Yes.
Q. Is there also an area that appears there's something written and then it's crossed out?
A. Yes.
Q. Okay. Can you make out what it is that's been written on and crossed out, if you can?
A. It looks like some numbers.
Q. Can you try turning it over?
A. (Witness complied.)
Q. Now, look at it. Can you make that out?
A. I believe it says 12/12/77.
Q. Does that date meaning anything to you?
A. No.
Q. Okay. Thank you. And one other thing. With respect to that number 2, could you please compare the nature of the paper, the coloring of the paper and the size of the paper on the number 2 that you now have in your left hand with the number 1 that you have in your right hand?
A. (Witness reviewing exhibit.) The size appears to be the same and the coloring the same.
Q. How about the texture of the paper?
A. It appears to be the same.
Q. Thank you. Let's go to the card labeled number 3. There appears to be writing on the front and back. I'm going to start with the side that actually has the number 3 on it, line by line. Could you please tell us what's written on that slip of paper?
A. The specifics? Try to read it --
Q. Well --
A. -- or just explain it?
Q. -- no, we don't need the specifics.
A. Okay.
Q. Could you describe what is there, line by line?
A. It's an account description and then a Web site log on and then a password, or not a password, a user name and then a password and then an e-mail address.
Q. Okay. And if I may come in close, because my eyes are terrible. Do you recognize, it looks like, is there a WWW there?
A. That's what I believe it to believe.
Q. Do you know what that pertains to?
A. It's on-line access.
Q. To what, do you know, do you recognize that?
A. I believe it's on-line access to a brokerage account that I have.
Q. And then there are some, I believe, you said there was a user name. There's also a password here?
A. Yes.
Q. And what is the password to?
A. It's to access that account, my account at that brokerage firm.
Q. Your brokerage account?
A. Yes, sir.
Q. Okay. Could you turn that slip of paper over, please.
A. (Witness complied.)
Q. And what is the writing on the backside of slip number 3?
A. That's my name, and the Citibank access information.
Q. And without telling me what that access information is, can you tell me what kind of access information you are talking about?
A. Internet access.
Q. Does that include things like either passwords or pin numbers?
A. With password and user ID.
Q. Okay. What else is on there?
A. Some numbers that I'm not sure about. It looks as though it's part of an old Visa card.
Q. All of which reminds me, I believe you indicated on the bottom of number 1 there is a Visa account number; is that right?
A. Yes.
Q. Is that the same account number of the account I was asking you about earlier that the fraudulent charges were on?
A. I believe so.
Q. Okay. Let's have you take a look and let me show you 27B again, the subpoenaed records from your J.P. Morgan Chase bank account. Is there an account number reflected on that exhibit?
A. Yes.
Q. And are you comparing that account number with the account number written on that piece of paper, number 1 of People's Exhibit 28?
A. Yes.
Q. And is it the same account number?
A. Yes.
Q. Thank you. Getting back to number 3, which is this one here -- let's keep these in order -- it looks like there's something in the lower left-hand corner, something/something. Do you know what that is?
A. It's it looks like a date.
Q. Does that particular date have any particular significance to you, as you sit here right now?
A. I don't believe so.
Q. It looks like some letters, three letters in the lower right-hand portion. Do those three letters have any significance to you?
A. No.
Q. Okay. Would you turn it over, please?
A. (Witness complied.)
Q. And is there information -- oh, we have already gone through that. That's the front?
A. Yes, sir.
Q. Okay. Thank you. Showing you the size of this particular piece of paper, number 3. Is that the same or different than the size of the first two?
A. This will be different.
Q. Smaller or larger?
A. Fatter, wider, and not quite as long.
Q. So it's a little bit shorter, but it's wider?
A. Yes.
Q. Okay. Thank you. The fourth piece of paper that has a number 4 on it, what do you see there?
A. I see some, a brokerage account reference.
Q. The name of the brokerage?
A. Merrill Lynch.
Q. Is there also a number there?
A. Yes.
Q. What does that number appear to be?
A. I don't recall.
Q. All right. Is your name on that?
A. Yes.
Q. There's also a date?
A. Yes.
Q. On the side of it, do you see that date?
A. Yes.
Q. And does that date mean anything to you?
A. It looks like my birthday.
Q. Is there anything on the back of that piece of paper?
A. No.
Q. Now again comparing sizes, how does the size of slip of paper number 4 compare with the slip of paper number 3?
A. It's narrow and a little bit longer, I believe.
Q. Okay.
A. Yes.
Q. How does it compare to the size of 1 and 2?
A. It looks to be the same.
Q. Showing you slip of paper number 5. Starting with the side that has the number 5 on it. You may have to spin it around a little bit to read various portions on there. Do you see the information written on that piece of paper?
A. Yes.
Q. And can you tell us without, you know, the specific numbers or anything, generally what those numbers are?
A. There's identification of my Fidelity account with the associated pin access, my Amson account with the password, my PayPal account with the password, my Visa card with the password for on-line access, my e-Bay user name and password and my Southwest Frequent Flier with a user ID name and password.
Q. Do you recognize the handwriting on any of these slips of paper?
A. No.
Q. Did anybody have your authority to collect any of this information?
A. No.
Q. Thank you. I want to return this. Oh, there's a backside on that one. Thank you.
A. (Witness nodded head affirmatively.)
Q. Number 5, there's some writing on the back.
A. There's a my Delta Frequent Flier log on with the password. And I don't recognize this, but it's my user ID and password.
MR. JEWETT: Okay.
I move People's Exhibit 28 into evidence.
COURT: Any objection, counsel?
MS. LEONIDA: Foundation.
MR. JEWETT: Well, I can respond to that.
THE COURT: No. Let's take it up later, sir.
MR. JEWETT: That's fine, Your Honor.
THE COURT: If there's an issue I need you to clarify for me, we'll take it up later.
MR. JEWETT: Okay.
Q. Mr. Halpin, is there anyplace in your home where if a person was so inclined they could find all of this information that I have just shown you?
A. I believe so.
Q. And where is that place?
A. It would be in my computer.
Q. In your computer?
A. Yes, my computer.
Q. And where is your computer?
A. It's in my house.
Q. And how do you have that information? Do you have like, I don't know, a file with accounts in it or something like that?
A. No.
Q. I don't want you to give up any security.
A. Oh, I'm not trying to, I don't have a problem with that.
Q. Okay.
A. I don't know enough about what I am talking about. But when I log on all those accounts on-line, I understand that there is a record of that in that machine.
Q. And do you have those passwords and pin numbers committed to memory or do you have them written down someplace?
A. Pretty much committed to memory. There may be a piece of paper here or there that has some bit of information, but usually not all of it.
Q. And can you tell us whether or not you are aware of any way that a person could get access to that information, without actually sitting at your computer to get it?
A. No, I'm not aware of any other way.
Q. Okay.
1. INTRODUCTION Keyloggers record every keystroke a computer user makes. They are marketed to monitor the computer usage of children or to catch a cheating spouse. They are used to steal credit card and bank account numbers, user names and passwords. They are also used to monitor employees. Keyloggers can be installed by gaining physical access to the computer or by downloaded programs. Their small footprint in terms of memory and processor utilization makes them practically untraceable. Keyloggers can email or ftp the file containing keystrokes back to a spying person. Keyloggers do not receive the same attention as viruses and worms. The standard reference on viruses, worms and Trojan Horses [4] devotes one paragraph to keyloggers. Among computer security books, [2] barely mentions keyloggers and [1] and [9] do not mention them at all. Two recent cases highlight the risk posed by keyloggers. In February, 2003, David Boudreau, a Boston College student, was charged with installing keyloggers on more than 100 university computers [10]. He used information about faculty, students, and staff to steal $2,000. In July 2003, Juju Jiang pleaded guilty to installing keyloggers in twenty Kinko’s stores in New York [7]. He remotely captured keystrokes and had been stealing user names and passwords for two years before he was caught.
As noted above, Scott's computer and hard drive were seized and examined by a forensic computer expert. There was absolutely no evidence presented at trial to indicate Scott had been retrieving or storing key logging information via his computer and/or the internet.