Leni de Abreu Neto, 35, of Taubate, Brazil, is charged with one count of conspiracy to cause damage to computers worldwide. The indictment alleges that more than 100,000 computers worldwide were damaged. If convicted, Neto faces a maximum penalty of five years in prison and up to three years of supervised release. Neto also faces the greater of a $250,000 fine or the gross amount of any pecuniary gain or the gross amount of any pecuniary loss suffered by the victims.
According to the indictment, Neto participated in a conspiracy along with others, including an unindicted co-conspirator, Nordin Nasiri, 19, of Sneek, Netherlands, to use, maintain, lease and sell an illegal botnet. As defined in the indictment, a botnet is a network of computers that have been infected by malicious software, commonly referred to as "bot code." Bot code is typically designed to permit an operator or controller to instruct infected computers to perform various functions, without the authorization and knowledge of their owners, such as launching denial of service attacks to disable targeted computer systems or sending spam e-mail. Installation of bot code is typically accomplished by "hacking" computers with particular security vulnerabilities. Bot code typically contains commands for infected computers to search local networks or the Internet for other computers to infect, thereby increasing the botnet's size and power.
Neto was apprehended by Dutch authorities on July 29, 2008, in the Netherlands and is currently in confinement in the Netherlands pending resolution of extradition proceedings. Nasiri was also apprehended by Dutch authorities and is being prosecuted by Dutch authorities in the Netherlands.