Case 3:18-cr-00055-SI Document 1 Filed 02/13/18 Page 1 of 9

UNITED STATES DISTRICT COURT UNDER SEAL

DISTRICT OF OREGON

PORTLAND DIVISION

UNITED STATES OF AMERICA 3:18-CR- DD05S-~

v. INDICTMENT

KRISTOPHER IVES, 18 U.S.C. §§ 1030(a)(7), 1029(a)(3),

1028A, and 875(d)
Defendant.
UNDER SEAL

THE GRAND JURY CHARGES:

COUNT 1
(Fraud in Connection with Computers)
(18 U.S.C. § 1030(a)(7))

Between on or about May 2, 2015, and May 27, 2015, in the District of Oregon and

elsewhere, defendant Kristopher Ives, with intent to extort from a person money and other things

of value, transmitted in interstate and foreign commerce communications containing a threat to

impair the confidentiality of information obtained from a protected computer without

authorization and a demand and request for money and other things of value in relation to

damage to a protected computer, where such damage was caused to facilitate the extortion. All

in violation of 18 U.S.C. §§ 1030(a)(7) and (c)(3)(A).

Revised 03/2017
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COUNT2
(Fraud in Connection with Access Devices)
(18 U.S.C. § 1029(a)(3))

On or about April 21, 2016, in the District of Oregon and elsewhere, defendant

Kristopher Ives, knowingly and with intent to defraud, possessed more than 15 unauthorized

access devices, as defined in 18 U.S.C. § 1029(e)(l) and (e)(3), said possession affecting

interstate and foreign commerce in violation of 18 U.S.C. § 1029(a)(3) and (c)(l)(a)(i).

COUNT3
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of V.D. All in violation of 18 U.S.C. § 1028A.

COUNT4
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information ofD.B. All in violation of 18 U.S.C. § 1028A.

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COUNTS
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information ofL.M. All in violation of 18 U.S.C. § 1028A.

COUNT6
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3}, as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of J.H. All in violation of 18 U.S.C. § 1028A.

COUNT7
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information ofM.J. All in violation of 18 U.S.C. § 1028A.

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COUNTS
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of J.M. All in violation of 18 U.S.C. § 1028A.

COUNT9
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U .S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of C.L. All in violation of 18 U .S.C. § 1028A.

COUNT 10
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U .S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of R.A. All in violation of 18 U .S.C. § 1028A.

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COUNT 11
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of M.A. All in violation of 18 U.S.C. § 1028A.

COUNT 12
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of K.P. All in violation of 18 U.S.C. § 1028A.

COUNT 13
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of S.D. All in violation of 18 U.S.C. § 1028A.

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COUNT 14
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of J.L. All in violation of 18 U.S.C. § 1028A.

COUNT 15
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of M.A. All in violation of 18 U.S.C. § 1028A.

COUNT 16
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information ofN.P. All in violation of 18 U.S.C. § 1028A.

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COUNT 17
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, afelony violation of 18 U.S.C. §
1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information ofM.M. All in violation of 18 U.S.C. § 1028A.

COUNT 18
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U .S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of B.F. All in violation of 18 U.S.C. § 1028A.

COUNT 19
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of J.S. All in violation of 18 U.S.C. § 1028A.

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COUNT20
(Aggravated Identity Theft)
(18 U.S.C. § 1028A)

On or about April 21, 2016, in the District of Oregon, defendant Kristopher Ives,

knowingly possessed without lawful authority, a means of identification of another person during

and in relation to fraud in connection with access devices, a felony violation of 18 U.S.C. §

1029(a)(3), as charged in Count 2 of this Indictment, to wit: the credit card number and card

holder information of J.P. All in violation of 18 U.S.C. § 1028A.

COUNT21
(Interstate Communications with Intent to Extort)
(18 u.s.c. § 875(d))

On or about May 25, 2015, in the District of Oregon, defendant Kristopher Ives,

knowingly transmitted in interstate and foreign commerce, with intent to extort from Gearbox

Studios money and other things of value, an email containing a threat to injure the reputation of

Gearbox Studios. All in violation of 18 U.S.C. § 875(d).

FORFEITURE ALLEGATION

The allegations contained in Counts 1 and 2 of this Indictment are incorporated herein by

reference for the purpose of alleging forfeitures pursuant to 18 U.S.C. §§ 982(a)(2)(B),

1029(c)(l)(C), and 1030(i)(l). Upon conviction of the offenses alleged in Counts 1 and 2 of this

Indictment, defendant Kristopher Ives, shall forfeit to the United States of America any property,

real or personal, constituting, or derived from, proceeds obtained directly or indirectly as a result

of such offense and any personal property that was used or intended to be used to commit or to

facilitate the commission of such offense, including a sum of money equal to the proceeds

derived from or obtained as a result of such offense.

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If the above-described property, as a result of any act or omission of defendant:

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. has been commingled with other property which cannot be divided

without difficulty,

the United States of America shall be entitled to forfeiture of substitute property pursuant to 21

U.S.C. § 853(p), as incorporated by 18 U.S.C. §§ 982(b)(l), 1029(c)(l)(C), and 1030(i)(l).

Dated this l5 day of February 2018.

A TRUE BILL.

0FFICIATING FOREPERSON
-
Presented by:

BILLY J. WILLIAMS
United States Attorney

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