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Cybercrime

Judge grants TJX hacker sentencing delay over health

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By Angela Moscaritolo
Dec 18, 2009 3:31 PM | 2 Comments
Tags: Judge | grants | TJX | hacker | sentencing | delay | over | health
Gonzalez may suffer from Asperger's syndrome.

The sentencing of TJX hacker Albert Gonzalez was halted after a psychiatrist determined that he has a developmental disorder and may not have known he was committing a crime, according to information filed by his attorneys this week in federal court in Boston.

A forensic psychiatrist retained by Gonzalez determined that the hacker's criminal actions were consistent with the behaviors of someone who suffers from Asperger's syndrome, a form of autism, as well as an internet addiction. The psychiatrist's report questions whether Gonzalez had the “capability to knowingly evaluate the wrongfulness of his actions and consciously behave lawfully and avoid crime," according to court documents.

Gonzalez, 28, of Miami, pleaded guilty in September to multiple federal charges, including conspiracy, computer fraud, access device fraud and identity theft.

He was one of the leaders of an international ring of credit card thieves who hacked into the networks of numerous retailers, including TJX (which owns T.J. Maxx), BJ's Wholesale Club, OfficeMax, Boston Market, Barnes & Noble and Sports Authority. Gonzalez and his co-conspirators were able to steal more than 40 million credit and debit card numbers, according to federal prosecutors.

He was scheduled to be sentenced this Monday, but federal Judge Patti Saris agreed to delay sentencing until March 18 so prosecutors could consider information submitted to the court by Gonzalez's attorney regarding his health. Gonzalez has refused to undergo a second psychiatric evaluation by a government expert to confirm the purported conditions.

His lawyers have asked that his sentence be on the lower end of the 15-to-25 year prison term he is facing as part of his plea agreement.

Separately, earlier this month, Gonzalez agreed to plead guilty to hacking into the network of Heartland Payment Systems and several other companies to steal more than 130 million credit and debit card numbers. He asked to have the two outstanding cases consolidated, but a federal judge denied the request. For the Heartland Payment Systems hack, Gonzalez was charged with conspiracy and conspiracy to engage in wire fraud and faces up to 25 years in prison.

He is scheduled to be sentenced in that case on December 29.

See original article on scmagazineus.com

Secure Computing Magazine

 
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Thoughts on this article? Add a comment below.
Comments: 2
What a sham. Supposedly he had Asperger's his entire life, but nobody noticed until just now. And he refuses to be examined by the government's expert, only by someone he hired himself. I feel sorry for Gary McKinnon, who really DOES have Asperger's. Gonzalez only hurts the credibility of people who really do have AS. I hope he gets the full 25 years.
SC Magazine - comments icon Posted by Scott,  Feb 5, 2010 11:42 AM
I agreed Scott! and I had other thoughts too... Having a youg adult son with high functioning Asperger's Syndrome and having worked with others at both ends of the Spectrum. My thoughts were, If Gonzalez was never known to have Aspergers Syndrome (which does happen) it tells me, to be undetected, he would have to be at the extremely High Functioning end? which means his AWARENESS & COMPREHENSION OF RIGHT & WRONG & SOCIAL SKILLS would also be HEIGHTENED compared to those at the lower end? What is known of Aspergers Syndrome is that IQ is generally average to above. The numbers, maths capability is very Rain Man and Mercury Rising and very appropriate to the Syndrome. (both in the spectrum) However the persons Social skills are most always poor, often childlike, Dependant on where they are on the Spectrum, they are most usually, vulnerable, naive and easily manipulated and can be groomed and drafted into the wrong thing, as they usually have very low self esteem, its born into the condition? What they are told becomes a blue print in their mind. Pleasing someone and getting a euphoric high from feeling a sense of self importance gives them a false sense of themselves, remembering there obsession becomes a compulsion at the extreme end They cant stop and it can and does become monsterous? However my experience of people with A.S is that most often they are extremely honest because they can be so obsessive about NOT BREAKING RULES. DOING THE WRONG THING is most harmful to their personal well being which most often triggers behaviors and routine. It's possible to have a Ghosting or traits of A.S but then there is even less chance of doing the wrong thing? as doing the right thing is what becomes innate along with a good IQ and ability to discern between right and wrong, from experience it's a painful way to live...being myself an undetected Adult with residual Aspergers Syndrome(now diagnosed) and at the extreme high end. My own moral code of right and wrong is so high, I fall off my own perch! and integrate so well that only those I tell or who live with me know and only I know how painful my world has been to live in. I think that if Gonzalez has developmental disabilities (as sited in other articles) overall all factors need to be considered in the final determination. If Asperger's Syndrome isn't a factor,the Judge should take a good look at the person who diagnosed Gonzalez and his Attorney and throw the book at the lot of them for using a lifelong challenging and painful condition such as Asperger's Syndrome as their line of defense, its as bad as EMO'S who also say they have Asperger's Syndrome to compensate for their unintelligent, morbid creepy code? As I wrote this I had a one eyed view but then I remember the shades of grey and complexities of raising an individual with in the Autism Spectrum with Asperger's Syndrome and my own struggles. I feel its not my right to be Judge and Juror but rather share and comment because I don't know all the facts or the environment or Gonzales himself? Was he never diagnosed for low soci-eco-edu reasons or not labelled due to family beliefs or acceptance as I have seen first hand people undiagnosed for those exact reasons. It doesn't alter what he has done as a crime and one which must be atoned for but it does raise questions within those shades of Grey? However it should not act as an excuse. Just my Spin.
SC Magazine - comments icon Posted by Shiloh,  Feb 6, 2010 11:53 AM
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