Case 3:18-cr-04683-GPC Documenti1 Filed 10/31/18 PagelD.1 Page1of7
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`CLERK
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`Le C
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`OgPUTY
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`UNITED STATES DISTRICT COURT
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`June 2017 Grand Jur
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`SOUTHERN DISTRICT OF CALIFORNIA
`UNITED sane OF AMERICA,
`Case No.
`: 18 GR 4685 GPC
`Plaintifé,
`INDICTMENT
`Title 1d, U.S.C., Sec. 371 —-
`Conspiracy; Title 18, U.S.c.,
`Sec. 1343 - Wire Fraud;
`Title 18, U.S.C., Sec. 1037 (a) (5)
`and (b) (2) (c) - Electronic Mail
`Fraud; Title 18, U.S.c.,
`Sec.
`2 - Aiding and Abetting;
`Title 18, U.S.C., Secs. 981 (a) (1) (Cc)
`and 982(a) {1} and 1037(c), Title 28,
`U.S.C., Sec. 2461{(¢c)
`- Criminal
`Forfeiture
`
`v.
`
`JACOB BYCHAK (1),
`MARK MANOOGIAN (2),
`MOHAMMED ABDUL QAYYUM (3),
`PETR PACAS (4),
`
`|
`
`Defendants.
`
`
`
`The grand jury charges:
`
`Count 1
`
`Conspiracy (18 U.S.C.
`
`§ 371)
`
`1.
`
`Beginning at least as early as December 2010 and continuing
`
`up to and including at least September 2014, within the Southern District
`
`of California and elsewhere, defendants JACOB BYCHAK, MARK MANOOGIAN,
`
`MOHAMMED ABDUL QAYYUM,
`
`and PETR PACAS did knowingly and willfully
`
`conspire with each other, Daniel Dye (charged elsewhere), Vincent Tarney
`(charged elsewhere) and others to commit offenses against the laws of
`
`the United States,
`
`to wit, wire fraud in violation of Title 18, United
`
`MKP:nlv (cms) :San Diego:10/30/18
`
`€
`

`

`Case 3:18-cr-04683-GPC Document1 Filed 10/31/18 PagelD.2 Page 2 of 7
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`States Code, Section 1343, and felony electronic mail fraud in violation
`of Title 18, United States Code, Section 1037 (a) (5) and (b) (2} (c).
`
`The objects of
`2.
`substance, as follows:
`
`MANNER AND MEANS
`the. conspiracy were to be accomplished,
`
`in
`
`a.
`
`Members of
`
`the conspiracy would identify or pay to
`
`identify blocks of
`
`Internet Protocol
`
`(IP)
`
`addresses
`
`called “netblocks” that were registered to others and
`
`appeared to be inactive.
`
`b.
`
`Members of the conspiracy would create and send letters
`to Internet hosting companies fraudulently stating the
`letter bearer had been authorized by the registrants of
`
`the inactive IP addresses to use the IP addresses.
`
`c.
`
`Members of
`
`the conspiracy would use the fraudulently
`
`acquired IP addresses to send commercial email
`
`(“spam’”}
`
`messages.
`
`OVERT ACTS
`
`3.
`
`In furtherance of
`
`the conspiracy,
`
`the following overt acts,
`
`among others, were committed within the Southern District of California
`
`10
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`11
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`12
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`13
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`14
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`15
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`16
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`and elsewhere:
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`28
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`a.
`
`On or about August 25, 2013,
`
`in San Diego, California
`
`defendant MOHAMMED ABDUL QAYYUM created a letter which
`
`fraudulently purported to authorize the use of a netblock
`
`not registered to the conspirators and emailed the letter
`
`to defendants MARK MANOOGIAN and JACOB BYCHAK.
`
`b.
`
`On or about January 13, 2014,
`
`in San Diego, QAYYUM emailed
`
`BYCHAK, MANOOGIAN,
`
`and others that he was preparing
`
`network connections and would advise when a netblock
`
`2
`
`

`

`Case 3:18-cr-04683-GPC Document1 Filed 10/31/18 PagelD.3 Page 3 of 7
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`purchased from a company employing Daniel Dye was ready
`
`fo send commercial emails.
`
`All
`
`in violation of Title 18, United States Code, Section 371.
`
`Counts 2+5
`
`Wire Fraud - 18 U.8.C.
`
`§ 1343
`
`4.
`
`Beginning at least as early as December 2010 and continuing
`
`up to and including at least September 2014, within the Southern District
`
`of California and elsewhere, defendants JACOB BYCHAK, MARK MANOOGIAN,
`
`MOHAMMED ABDUL QAYYUM and PETR PACAS, having devised a material scheme
`
`10
`
`Li
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`12
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`13
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`and artifice to defraud, and for obtaining money and property by means
`of materially false and fraudulent pretenses,
`representations
`and
`promises, did, on the dates set forth below,
`transmit and cause to he
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`transmitted by means of wire communication in interstate commerce the
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`14
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`writings, Signs and signals below for purposes of executing the scheme
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`and artifice to defraud.
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`5.
`
`It was a part of the scheme and artifice to defraud that the
`
`defendants searched for IP addresses registered to third parties that
`appeared to be inactive.
`
`6.
`
`It was a further part of the scheme and artifice to defraud
`
`that
`the defendants created and sent
`letters to Internet hosting
`companies fraudulently making it appear that the registrant of the IP
`
`2a
`
`addresses had authorized the defendants’ use of the IP addresses.
`
`23
`
`a4
`
`25
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`7.
`
`It was a further part of the scheme and artifice to defraud
`
`that
`the defendants used the IP addresses to send commercial email
`messages knowing they did not obtain control of the IP addresses from
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`the true registrant or the legitimate successor in interest.
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`8.
`
`It was a further part of
`
`the scheme and artifice to defraud
`
`that
`
`the defendants concealed their use of
`
`the IP addresses to send
`
`3
`
`

`

`Case 3:18-cr-04683-GPC Document1 Filed 10/31/18 PagelD.4 Page 4 of 7
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`*spam’ emails by using business names, post office boxes,
`
`and email
`
`addresses under different names.
`
`11-11-13|San Diego Oklahoma transfer of $600-
`
`3
`
`1-9-14
`
`.
`San Diego
`
`
`
`owe_fonte_1reon_[ro_lnaseriptton_|PayPal wire
`
`
`
`
`
`
`
`for hosting of ECT
`netblock
`
`
`
`PayPal wire
`transfer of $600
`
`
`
`for hosting of
`Telalink netblock
`
`
`PayPal wire
`transfer of $600
`
`for hosting of
`
`MooreSolutions
`
`
`
`netblock
`
`PayPal wire
`transfer of $600
`
`
`for hosting of
`
`
`Telalink netblock
`
`
`a2-28-14
`San Diego
`
`
`San Diego
`
`3-10-14
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`10
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`13
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`Oklahoma
`
`Oklahoma
`
`Oklahoma
`
`
`
`
`
`14
`
`All
`
`in violation of Title 18, United States Code, Sections 1343 and 2.
`
`15
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`16
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`17
`
`Counts 6-10
`
`Electronic Mail Fraud - 18 U.S.C.
`
`8 1037 (a) (5)
`
`9.
`
`On or about
`
`the dates set forth below, within the Southern
`
`18
`
`Dastrict
`
`of California,
`
`defendants
`
`JACOB
`
`BYCHAK, MARK MANOOGIAN,
`
`19
`
`20
`
`MOHAMMED ABDUL QAYYUM and PETR PACAS did,
`in and affecting interstate
`commerce,
`knowingly
`and
`falsely represent
`themselves
`to be
`the
`
`ai
`
`registrant and the legitimate successor in interest to.
`
`the registrant
`
`22
`
`of
`
`5 and more Internet Protocol addresses,
`
`as described below,
`
`and
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`intentionally
`
`initiate
`
`the
`
`transmission
`
`of multiple
`
`commercial
`
`electronic mail messages
`
`from such addresses,
`
`and the volume
`
`of
`
`a>
`
`electronic mail messages
`
`transmitted in furtherance of
`
`the offense
`
`26
`
`exceeded 2,500 during any 24-hour period,
`
`25,000 during any 30-day
`
`27
`
`period, and 250,000 during any l-year period:
`
`28
`
`

`

`Case 3:18-cr-04683-GPC Documenti1 Filed 10/31/18 PagelD.5 Page 5 of7
`
`
`
`
`ESS[SERREeee
`
`
`
`
`ai
`
`
`
`
`
`
`All
`
`in violation of Titie 18, United States Code, Sections 1037 {a) (5)
`
`and (b) (2) (C), and Title 18, United States Code, Section 2.
`
`10
`
`11
`
`12
`
`13
`
`Criminal Forfeiture Allegations
`
`lO.
`The allegations contained in Counts 1 through 10 are realleged
`herein for purposes of allegingforfeiture to the United States pursuant
`
`to Title 18, United States Code, Sections 981{a)(1)(C), 982({(a)(1), and
`
`14
`
`1037(c), and Title 28, United States Code, Section 2461(c).
`
`is
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`11. Upon
`
`conviction
`
`of
`
`the
`
`offense
`
`alleged
`
`in
`
`Count
`
`i
`
`(conspiracy),
`
`pursuant
`
`to
`
`Title
`
`18,
`
`United
`
`States
`
`Code,
`
`Section 981(a) (1) (Cc),
`
`982(a) (1),
`
`and 1037{c),
`
`and Title 28, United
`
`States Code, Section 2461(c), defendants JACOB BYCHAK, MARK MANOOGIAN,
`
`MOHAMMED ABDUL QAYYUM and PETR PACAS shall forfeit to the United States
`all
`rights,
`title and interest
`in any and ail property,
`real
`and
`
`personal, constituting or derived from proceeds obtained directly or
`
`indirectly as
`
`the result of
`
`such violation;
`
`any property,
`
`real and
`
`personal,
`
`involved in the offense and any property traceable to such
`
`property;
`
`and any equipment,
`
`software or other
`
`technology used or
`
`intended to be used to commit or to facilitate the commission of the
`
`offense.
`
`12. Upon conviction of one or more of
`the offenses alleged in
`Counts 2 through 5
`(wire fraud), and pursuant to Title 18, United States
`
`5
`
`

`

`Case 3:18-cr-04683-GPC Document1 Filed 10/31/18 PagelD.6 Page6of 7
`
`Code,
`
`Sections
`
`9$81({a) (1) (Cc)
`
`and Title
`
`28, United States Code,
`
`Section 2461(c), defendants JACOB BYCHAK, MARK MANOOGIAN, MOHAMMED ABDUL
`
`to the United
`forfeit
`QAYYUM and PETR PACAS shall, upon conviction,
`States all rights, title and interest in any and all property, real and
`
`personal, which constitutes or is derived from proceeds traceable to the
`
`violations.
`
`13. Upon conviction of one or more of
`
`the offenses alleged in
`
`Counts 6 through 10 (electronic mail fraud), pursuant to Title 18, United
`
`States Code, Section 1037{c), defendants JACOB BYCHAK, MARK MANOOGIAN,
`
`MOHAMMED ABDUL QAYYUM and PETR PACAS shall, upon conviction, forfeit to
`the United States all rights, title and interest in any and all property
`
`constituting or traceable to gross proceeds obtained from such offenses,
`
`and any equipment, software, or other technology used or intended to be
`
`used to commit or facilitate the commission of such offenses.
`
`14.
`Tf any of
`the above-described forfeitable property,
`as
`a
`resuit of any act or omission of defendants JACOB BYCHAK, MARK MANOOGIAN,
`
`MOHAMMED ABDUL QAYYUM and PETR PACAS-
`(1) cannot be located upon the exercise of due diligence;
`
`(2)
`third person;
`(3)
`
`(4)
`
`(5)
`
`has been transferred or sold to, or deposited with, a
`
`has been placed beyond the jurisdiction of the Court;
`
`has been substantially diminished in value; or
`
`has been commingled with other property which cannot be
`
`subdivided without difficulty;
`
`it
`
`is
`
`the
`
`intent
`
`of
`
`the United States,
`
`pursuant
`
`to Title 18,
`
`United States Code, Section 982(b), Title 21, United States Code,
`Section 853(p), and Title 28, United States Code, Section 2461(c)
`to
`seek forfeiture of any other property of the defendants up to the amounts
`
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`10
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`2a
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`28
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`

`

`Case 3:18-cr-04683-GPC Documenti1 Filed 10/31/18 PagelD.7 Page 7 of7
`
`1
`
`|/described above as being subject to forfeiture.
`
`2\;All pursuant
`31/982 {a) (1),
`
`to Titie 18, United States Code, Section 981 (a) (1) (C),
`and
`1037 (¢c),
`and Title
`28, United
`States
`Code,
`
`4
`
`5
`
`||Section 2461(c).
`
`DATED: October 31, 2018.
`
`n
`
`~I
`
`ao
`
`A TRUE BILL:
`
`9
`
`|/ADAM L. BRAVERMAN
`United States Attorney
`
`1011|By: 1
`
`MELANIE K. PIERSON
`Assistant U.S. Attorney
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`

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