Hector ‘Sabu’ Monsegur to be sentenced while Hammond sits in prison
A common cry in Anonymous circles is ‘Free Jeremy Hammond; Fuck Sabu’. Jeremy Hammond is currently serving a ten-year prison sentence for his involvement in the Stratfor hack. Sabu (real name Hector Xavier Monsegur) will be sentenced tomorrow for his role in Lulzsec and many other hacks. He is expected, on FBI request, to walk free. The judge, in both cases, was and is judge Loretta Preska. Comparing and contrasting the behaviour of Hammond and Monsegur explains the Anonymous cry.
Monsegur was the original founder of the original LulzSec hacking group, (in)famous for its ’50 days of lulz’ during the summer of 2011. Sabu was ‘outed’ and subsequently interviewed by the FBI. He rapidly (by the next day) agreed to cooperate; and has been cooperating ever since. There is some suggestion that the FBI pointed out that his two young nieces, for whom he is a foster parent, would have an uncertain future if he was incarcerated.
The extent of that cooperation is only just becoming clear, although it was always known to be extensive. Some of it borders on illegality, but is certainly immoral. The Stratfor hack was organized by Sabu at the behest of the FBI in order to entrap Jeremy Hammond – a member of Anonymous rather than Lulzsec but high, on the list of the FBI’s most wanted. It worked. It also, incidentally, ensnared Barret Brown who was arrested effectively for publishing a link to stolen Stratfor information; although his charges have now largely been dropped.
Sabu’s cooperation also led to the unmasking and arrest of the other members of LulzSec: 2 in the UK, 2 in Ireland and one in the US. It seems clear that he also tried to implicate and entrap many others; including, for example, Jacob Appelbaum.
He also cooperated with the government, using Hammond, to enable it to hack foreign websites. Hammond’s attorneys wrote to judge Preska last month:
Hammond’s own behaviour has been in direct contrast. After his arrest he decided to fight the charges. Eventually, however, he gave up and accepted a plea deal with the government. Almost exactly one year ago he announced,
Today I pleaded guilty to one count of violating the Computer Fraud and Abuse Act. This was a very difficult decision. I hope this statement will explain my reasoning. I believe in the power of the truth. In keeping with that, I do not want to hide what I did or to shy away from my actions. This non-cooperating plea agreement frees me to tell the world what I did and why, without exposing any tactics or information to the government and without jeopardizing the lives and well-being of other activists on and offline.
Statement from Jeremy Hammond regarding his plea
His reasoning was not that he thought he would lose the case, but that the FBI would simply press similar charges elsewhere. “The process might have repeated indefinitely,” he said.
I have already spent 15 months in prison. For several weeks of that time I have been held in solitary confinement. I have been denied visits and phone calls with my family and friends. This plea agreement spares me, my family, and my community a repeat of this grinding process.
The key sentence in this announcement is, “This non-cooperating plea agreement frees me to tell the world what I did and why, without exposing any tactics or information to the government and without jeopardizing the lives and well-being of other activists on and offline.” So while Sabu cooperated with the FBI and will most likely walk free tomorrow, Hammond refused to cooperate and took a ten-year sentence. That, basically, is why the call is ‘Free Jeremy Hammond; Fuck Sabu.’
Tomorrow, 27th May 2014 at 11 am, Judge Preska will pronounce sentence on Sabu. In theory he faces a sentence of between 259 and 317 months for the crimes he as admitted. But, says the FBI in its pre-sentencing submission to Judge Preska,
Probation recommends a sentence of time served. As set forth in more detail below, Monsegur was an extremely valuable and productive cooperator.
Government’s notice of intent reference sentencing
He has, during the three years of his cooperation with the FBI, served seven months in prison. Judge Preska is expected to follow the FBI request and sentence him to seven months – allowing him to walk free.
We will update this post tomorrow with details of judge Preska’s sentence.
The much delayed sentencing of former LulzSec hacker-turned-FBI informant Hector “Sabu” Monsegur finally took place on Tuesday, when he received time served plus one year of supervised release with computer logging.