I really don’t understand why the owner of Breach Forums is getting “time served” (in quotes) when the report indicate that he never spent a single day in jail?
This guy has even been charged with child pornogrophy for goodness sake. I bet that I would be punished and the key thrown away if I were charged with that, plus any hacking charges.
The excuse? Apparently because he was hospitalized after getting picked up, they have decided not to fully charge this guy with the crimes, although he’s got a bunch of years on probation.
To the shock of many of those following this case online, Judge Brinkema sentenced Fitzpatrick to time served on each of the three counts (concurrent) and then Supervised Release of 20 years with special conditions.
Continuing some, the article says:
The Supervised Release terms are significant. Fitzpatrick will be on supervised release for all three counts for three years concurrently, but the supervised release for the third count (child pornography) will run for a total of 20 years. The full list of conditions for supervised release is in the judgment linked below this post. The following are just some of the supervised release conditions he will be subject to:
Here are the conditions that he must comply with now.
The Supervised Release terms are significant. Fitzpatrick will be on supervised release for all three counts for three years concurrently, but the supervised release for the third count (child pornography) will run for a total of 20 years. The full list of conditions for supervised release is in the judgment linked below this post. The following are just some of the supervised release conditions he will be subject to:
He will serve his first two (2) years of supervised release on HOME ARREST with GPS location monitoring with the following outings and permission given in advance by the probation officer: Therapy sessions, meetings with the probation officer, medical appointments, and religious observances.
He has to submit to periodic polygraph testing at the discretion of the probation officer to ensure compliance with the requirements of his supervision and/or treatment program.
He has to participate in a program approved by the United States Probation Office for mental health treatment, to include a psychosexual evaluation and sex offender treatment. He has to waive all rights of confidentiality regarding sex offender/mental health treatment to allow the release of information to the United States Probation Office and authorize communication between the probation officer and the treatment provider.
He must not view or possess any “visual depiction” of any “sexually explicit conduct” (as both terms are defined in 18 U.S.C. § 2256), including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means. And he must not view or possess any “visual depiction” of any “sexually explicit conduct” (as both terms are defined in 18 U.S.C. § 2256) involving a juvenile, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means.
He must not have have any intentional contact with any child under the age of 18, except for his brother, unless accompanied by a responsible adult who is aware of his conviction and supervision status and who has been approved in advance by the court or probation officer. Intentional contact also includes going to, congregating and/or loitering within 100 yards around school yards, playgrounds, swimming pools, arcades, zoos, or other places frequented by children under the age of 18. Intentional contact also encompasses any employment that would regularly provide the defendant with access to children under the age of 18, such as working in schools, childcare facilities, amusement parks and playgrounds.
He has to register with the state sex offender registration agency in any state where he resides, works, and attends school, according to federal and state law and as directed by the probation officer.
He has to comply with the requirements of the computer monitoring program as administered by the probation office. He must allow the probation officer to install computer monitoring software on any computer (as defined in 18 U.S.C. § 1030(e)(1)) he uses.
He shall not have any access to the internet within the first year of his supervised release. After that year, he shall not sell or offer to sell any item on the internet for another person or entity without pre-approval and authorization from the court or probation officer. This includes, but is not limited to, selling items on internet auction sites.
Without reading the full PDF which is linked, these are quite a number of restrictions, which in theory should make his life hard.
To read the full databreaches article, please read Owner of BreachedForums sentenced to time served plus 20 years supervised release with special conditions for the complete details.
This is a disgrace and the court system should be ashamed of themselves. No time for what he did with breach forums. I just have no words for this. Maybe I better send this to Brian Krebs, as he’s covered this guy before, and see if he writes up anything. If he eventually does, I will more than likely love to read and blog my thoughts then.