April, 2022
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StopSIMCrime Summit

Robert Ross v Nick Truglia

12/8/2019

Robert Ross claims that Nicholas Truglia together with unnamed bad actors conspired to conduct SIM swap fraud, intercept messages from Robert Ross' phone and control his online accounts in order to successfully steal $1,000,00 worth of Bitcoin.

8/5/21 Update Set for case status review on 12-16-21 at 10:00 a.m. in Department 7.

Claims in
Robert Ross v Nick Truglia
Violation of Computer Fraud and Abuse Act

In 1986, the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, was introduced to combat hacking, as an update to the first federal computer fraud statute. It has been updated many times over the years, most notably in 2008, to encompass a broad range of actions well beyond its original purpose. The CFAA forbids the intentional access to a device without permission or in excess of permission, but does not specify what "without authorisation" entails. It has been a weapon perfect for violence to usage against virtually any aspect of electronic operation with harsh punishment schemes and malleable clauses.

Conversion

Conversion in California is a civil cause of action that applies when a person unlawfully and without permission, took or interfered with someone else’s possession of their property. The victim can bring a claim for recovery of the property, or compensation for the value of the lost property.

Computer Access and Data Fraud Act

Protection to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems.

Imposition of a Constructive Trust Against All Defendants

The imposition of a constructive trust requires: (1) the existence of res (property or some interest in property); (2) the right of the complaining party to that res; and (3) some wrongful acquisition or detention of the res by another party who is not entitled to it.

Violations of Section 1962(c) of the Racketeer Influenced and Corrupt Organizations Act (“RICO”)

Passed in 1970, the Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law designed to combat organized crime in the United States. It allows prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise.

Cases

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