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Tuesday, May 14th, 2019

    Time Event
    8:09a
    US Govt. Seizes Millions in Cash & Crypto in Movie Piracy Case

    Significant legal action against alleged operators of pirate sites have traditionally been carried out with great fanfare.

    However, a case underway in federal court in Oregon is a very different beast, particularly given its scale and form.

    The case filed in the district court May 6, 2019, reveals the United States government seeking forfeiture of around $4 million dollars worth of cash and cryptocurrency seized on the basis that the owner of the property was involved in a conspiracy to commit copyright infringement and money laundering.

    The investigation reportedly began in October 2013 when Homeland Security Investigations (HSI) agents received information from PayPal concerning two websites, Noobroom.com and Noobroom7.com, that allowed subscribers to stream movies and TV shows.

    HSI reported these sites to the MPAA which conducted an investigation, concluding that the sites and associated domains Noobroom and Noobroom9 distributed works in breach of its members’ copyrights. Revenue was reportedly generated by subscriptions processed through Stripe and via adverts placed by a company called Lanista Concepts.

    In July 2014, the MPAA sent a cease-and-desist notice to Noobroom. Five days later a covert Noobroom user account operated by the Hollywood group received a message advising users that their accounts had been moved to a new website at SuperChillin.com.

    After downloading movies from SuperChillin, the MPAA was able to link an IP address to an individual identified as Talon White. The suspect was subsequently linked to two additional sites – movietv.co and Sit2Play.com – which were deemed to be near identical copies of each other. The registrant of Sit2Play was listed as Talon White and an associated email address was determined as belonging to him.

    HSI’s investigation continued from 2016 to November 2018 when search and seizure warrants were executed. A declaration by Keith Druffel, a Special Agent of the Internal Revenue Service – Criminal Investigations, reads as follows;

    “Based on financial records obtained during the investigation, I determined that White received substantial revenue from the above-listed websites,” Druffel writes.

    “In 2018, he was averaging revenue over $500,000 per month. In 2017, White received over $2.2 million. In 2016, White received over $1 million in revenue, and in 2014 and 2015, White received on average about $400,000 a year in revenue.”

    According to Druffel, subscribers of the sites paid via PayPal or Stripe, payments that were deposited into bank accounts controlled by White. Information provided by Stripe matched White’s personal information and the account was labeled as “Selling stock tip subscriptions via email.” The IRS claims there is no evidence of any such sales.

    78,985 payments of $9.99 were received into the Stripe account between October 2015 and December 2016, amounting to $789,060. A further 7,611 payments of $25.49 ($194,004.39) and 5,348 payments of $44.99 ($240,606.52) made a grand total of $1,223,671.24.

    “The above-listed amounts correspond to the listed subscription costs on Sit2Play and Movietv. Therefore, I believe the payments received by Stripe are the subscription fees for the websites,” Druffel adds.

    Further analysis of transactions on White’s Stripe account dated between October 2017 and September 2018 revealed a further 396,843 payments of between $9.99 and $44.99 to a value of $6,373,816.57.

    “The above listed amounts correspond to the cost of subscriptions to the websites and represent proceeds from the violation of 18 USC § 2319, Criminal Copyright Infringement,” the statement reads.

    The investigation found that through August 2018, more than $3m was transferred from the Stripe account to a Wells Fargo account in White’s name and a JP Morgan Chase account held in the name of Viral Sensations, Inc. (VSI), a Nevada entity.

    White is alleged to have opened three checking accounts in the name of VSI, over which he had sole signature authority. Through August 31, 2019, one VSI account received payments of more than $5.9 million. The accounts were linked to White and subscriptions from the pirate sites. Funds from one of the Chase accounts were used to buy $1m in cryptocurrency through virtual currency exchange Coinbase.

    On November 13, 2018, Mustafa Kasubhai, United States Magistrate Judge for the District of Oregon, approved a search and seizure warrant authorizing a search of White’s residence and seizure of various assets. The warrant was executed two days later, yielding the following;

    • $2,457,790.72 seized from JPMorgan Chase Bank account #1
    • $1,266,650.00 seized from JPMorgan Chase Bank account #2
    • $1,383.68 seized from JPMorgan Chase Bank account #3
    • $200,653.71 seized from JPMorgan Chase Bank account #4
    • $32,921.00 seized in US currency (cash)
    • $1,940.77 seized in US currency (Stripe account)
    • 31.53810677 in BTC (Coinbase account)
    • 1,022.39066800 in ETH (Coinbase account)
    • 5.74017141 in BCH (Coinbase account)

    “[I] have probable cause to believe, and I do believe, that White and others known and unknown were involved in a conspiracy to commit copyright infringement and money laundering, in violation of 18 U.S.C. §§ 1957 and 2319 from at least 2013 through November 2018,” Druffel’s statement adds.

    On May 7, 2019, District Judge Anna J. Brown issued an order to the IRS to hold the assets until further notice.

    “You are hereby commanded to arrest and take into your possession until further order of the Court, defendants, in rem, Assorted Funds,” the Judge wrote.

    From a copyright infringement perspective, this case is pretty unusual.

    Most civil and criminal cases against pirate sites and their operators involve detailed descriptions of their workings along with finely-tuned claims of various types of infringement. But the focus here appears to be a financial one, for now at least.

    A report from Koin.com suggests that the man hasn’t been charged with a crime yet. In an effort to find ou more, TF approached White’s lawyer Rain Minns. At the time of publication we were yet to receive a response.

    Related court documents obtained by TF can be found here (1,2,3)

    Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

    9:03p
    Namecheap Must Identify Nofile.io Registrant Following Piracy Complaint

    There are hundreds of file-hosting services on the Internet, each with their own strengths and weaknesses. 

    Nofile is generally known as a no-nonsense service that’s free to everyone. The site launched two years ago and has been building a steady userbase ever since.

    Recently, however, the site suddenly stopped working (it came back just hours ago). Checking the domain records revealed that the NS records had been removed, which made it impossible to access the site. The question was, why?

    A search through U.S. court records provided some possibly relevant context. It revealed that the music industry group RIAA targeted the site through a DMCA subpoena, directed at Nofile’s domain name registrar Namecheap.

    The RIAA requested the subpoena at a federal court in Columbia, which was swiftly signed off by a clerk. The paperwork includes a letter addressed to Namecheap, in which the music group demands detailed information on the customer associated with the file-hosting service’s domain.

    “We have determined that a user of your system or network has infringed our member record companies’ copyrighted sound recordings,” the RIAA’s letter reads.

    “The website associated with this domain name offers files containing sound recordings which are owned by one or more of our member companies and have not been authorized for this kind of use, including without limitation those referenced at the URL below.”

    The URL in question is not just some random piece of music. It points to the upload of a leaked track by rapper ‘Tyler, the Creator,’ titled ‘Earfquake.’

    The track has been circulating online for roughly a week. It was uploaded to hosting services such as Nofile.io and shared online through Leakth.is, 4Chan, Reddit, and other platforms. Whether Nofile.io played a significant role in the distribution is unknown, but it could be the site where it first appeared.

    In any case, the RIAA would like to find out who’s running the site. The music group requests all electronic information that may help to identify the account holder, including IP-addresses, email, and payment information.

    “As is stated in the attached subpoena, you are required to disclose to the RIAA information sufficient to identify the infringer. This would include the individual’s name, physical address, IP address, telephone number, e-mail address, payment information, account updates and account history,” the RIAA writes.

    The DMCA subpoena

    Shortly after the subpoena was granted Nofile.io became unreachable. When we started writing this article it was still offline but just before publication, it returned. The leaked file the RIAA referenced is still hosted there as well.

    Earfquake

    Interestingly, this is the second DMCA subpoena the RIAA has obtained in a short period of time. Little over a week ago we reported that the group is also going after several ‘pirate’ sites that use Cloudflare.

    Both requests use boilerplate language and only require a clerk’s signature to become enforceable. This makes it a rather cheap and effective option to find out more about site owners so it would be no surprise if we see these more often going forward.

    Whether it’s the RIAA’s main goal to shut down the site is questionable though. In this case, the music group will likely be more interested in finding out who uploaded the leaked file, if that’s the source.

    A copy of the RIAA’s letter to Namecheap is available here (pdf).

    Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

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