UNITED STATES OF AMERICA

Plaintiff,          

BRETT EDWARD O'KEEFE,

Defendant

     The grand jury charges:

INTRODUCTORY ALLEGATIONS

At all times material to this Indictment:

     1.      Forensic Tec Solutions (hereinafter "Forensic Tec"), 12396 World Trade Drive, Suite 206, San Diego, California 92128, was

a four person computer business, whose ostensible purpose included, but was not limited to, providing its business clients with secure

and stable computer networks through consultation and technical assistance.

JNP:nlv:San Diego
October 7, 2003

     2.      Defendant BRETT EDWARD O'KEEFE and Aljosa Medvesek were the founders and owners of Forensic Tec.

     3.      Defendant BRETT EDWARD O'KEEFE was the President of Forensic Tec.

     4.      Aljosa Medvesek was the Vice-President of Forensic Tec.

     5.      Margaret Ann Lauffer was an unpaid administrative assistant at Forensic Tec.

     6.      Matthew Arnold Davis was a Salesperson and Security Trainee at Forensic Tec.

Count 1

CONSPIRACY

     7.      Paragraphs 1 through 6 of the Introductory Allegations are realleged and reasserted as if set forth in full herein.

     8.      Beginning on or about January, 2002, and continuing up to and including August 16, 2002, in the Southern District of California,

Lauffer (charged elsewhere), and with others known and unknown to the grand jury, to commit offenses against the United States, to wit:

          a.     to intentionally access without authorization and exceed authorized access to a computer and thereby obtain information

from a Department or Agency of the United States, for purposes of commercial advantage and private financial gain; in violation of Title

18, United States Code, Sections 1030(a)(2)(B) and (c)(2)(B)(i); and

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          b.      to intentionally access without authorization and exceed authorized access to a computer and thereby obtain information

from a protected computer which conduct involved an interstate communication, for purposes of commercial advantage and private

financial gain; in violation of Title 18, United States Code, Sections 1030(a)(2)(C) and (c)(2)(B)(i).

OBJECT OF THE CONSPIRACY

     The object of the conspiracy was for defendant BRETT EDWARD O'KEEFE and his co-conspirators Aljosa Medvesek and

Margaret Ann Lauffer to obtain unauthorized access to government and private sector computers and copy computer files with the hope

that this activity would make money by bringing in new clients and creating public visibility for the company. Specifically, the defendant

contemplated gaining unauthorized access to government and military computers, copying documents from these computers and

disclosing these documents to the media in order to prove Forensic Tec's ability to intrude into Government computers and obtain

sensitive documents. The defendant hoped that this would create public visibility for Forensic Tec and bring in new clients, ultimately

resulting in increased profits. Also, the defendant contemplated gaining unauthorized access to private sector computers to copy

information from these computers, which the defendant would use to contact the victim companies and attempt to solicit their business by

pointing out their security vulnerabilities.

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     MEANS BY WHICH OBJECT OF THE CONSPIRACY WAS TO BE ACCOMPLISHED

     It was part of the conspiracy that defendant BRETT EDWARD O'KEEFE and co-conspirators Aljosa Medvesek and Margaret Ann

Lauffer (charged elsewhere) devised a scheme to use computers to intentionally access without authorization and exceed authorized

access to obtain information from Military, Government and private sector computers for the commercial advantage and financial gain of

their company, Forensic Tec Solutions:

     1.      It was further part of the conspiracy that co-conspirators Aljosa Medvesek and Margaret Ann Lauffer scanned the internet

looking for non-secure computer networks operated by private sector companies in order to find new clients.

     2.      It was further part of the conspiracy that co-conspirators Aljosa Medvesek and Margaret Ann Lauffer obtained unauthorized

access to these private sector computers with non-secure networks and copied a variety of documents from these computers.

     3.      It was further part of the conspiracy that defendant BRETT EDWARD O'KEEFE approached these same companies and

offered the services of Forensic Tec to provide security for their computer networks for a fee.

     4.      It was further part of the conspiracy that co-conspirators Aljosa Medvesek and Margaret Ann Lauffer scanned the internet

looking for Military or Government agencies with non-secure computer networks.

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     5.      It was further part of the conspiracy that after finding non-secure computer networks for Military and Government agencies, co-

conspirators Aljosa Medvesek and Margaret Ann Lauffer obtained unauthorized access and copied a variety of documents from these

computers.

     6.      It was further part of the conspiracy that co-conspirators Aljosa Medvesek and Margaret Ann Lauffer attempted to gain

classified, top-secret and other sensitive data from military and government computer networks.

     7.      It was further part of the conspiracy that defendant BRETT EDWARD O'KEEFE, in order to generate favorable publicity and

increased business for Forensic Tec, contacted several local and national media outlets and informed them of Forensic Tec's success in

obtaining classified documents from Government and Military networks.

OVERT ACTS

     In furtherance of the conspiracy and to accomplish its object, the following overt acts, among others, were committed within the

Southern District of California, and elsewhere:

     1.      On or about January, 2002, defendant BRETT EDWARD O'KEEFE and Aljosa Medvesek (charged elsewhere) formed

ForensicTec Solutions, Incorporated.

     2.      On or about May 30, 2002, defendant BRETT EDWARD O'KEEFE made a phone call to an employee of Easter Seals of

California to solicit business for Forensic Tec.

     3.      On or about May, 2002, defendant BRETT EDWARD O'KEEFE made a phone call to an employee of the Young Presidents

Association of Carlsbad, California to solicit business for Forensic Tec.

     4.      On or about August 16, 2002, defendant BRETT EDWARD O'KEEFE, Aljosa Medvesek and Margaret Ann Lauffer (charged

elsewhere) possessed without authorization computer files belonging to the Easter Seals of Southern California.

     5.      On or about August 16, 2002, defendant BRETT EDWARD O'KEEFE, Aljosa Medvesek and Margaret Ann Lauffer

possessed without authorization computer files belonging to Crowne Office Suites of Atlanta, Georgia.

     6.      On or about August 16, 2002, defendant BRETT EDWARD O'KEEFE, Aljosa Medvesek and Margaret Ann Lauffer

possessed without authorization computer files belonging to the Young Presidents Association.

     7.      On or about August 16, 2002, defendant BRETT EDWARD O'KEEFE, Aljosa Medvesek and Margaret Ann Lauffer

possessed without authorization computer files belonging to National Aeronautics and Space Administration (NASA).

     8.      On or about August 16, 2002, defendant BRETT EDWARD O'KEEFE, Aljosa Medvesek and Margaret Ann Lauffer

possessed without authorization computer files belonging to the United States Army.

     9.      On or about August 16, 2002, defendant BRETT EDWARD O'KEEFE, Aljosa Medvesek and Margaret Ann Lauffer

possessed without authorization computer files belonging to the United States Navy.

     10.     On or about August 16, 2002, defendant BRETT EDWARD O'KEEFE, Aljosa Medvesek and Margaret Ann Lauffer

possessed without authorization computer files belonging to the Department of Energy.

     11.      On or about August 16, 2002, defendant BRETT EDWARD O'KEEFE, Aljosa Medvesek and Margaret Ann Lauffer

possessed without authorization computer files belonging to the National Institutes of Health.

     12.      On or about August, 2002, defendant BRETT EDWARD O'KEEFE gave an interview to a reporter with the Washington Post

regarding his company's activities in gaining unauthorized access to Government and Military computer networks.

     13.      On or about August 16, 2002, defendant BRETT EDWARD O'KEEFE appeared on CNN (Cable News Network) and gave

an interview regarding his company's activities in gaining unauthorized access to Government and Military computer networks.

     14.      On or about August 16, 2002, defendant BRETT EDWARD O'KEEFE appeared on KUSI television and gave an interview

regarding his company's activities in gaining unauthorized access to Government and Military computer networks.

All in violation of Title 18, United States Code, Section 371.

Count 2

     On or about August, 2002, in the Southern District of California, defendant BRETT EDWARD O'KEEFE did intentionally access or

cause to be accessed without authorization and exceed authorized access and thereby obtain information from a computer of a

Department or Agency of the United States, to wit, United States Army, for purposes of commercial advantage and private financial

gain; in violation of Title 18, United States Code, Sections 1030(a)(2)(B) and (c)(2)(B)(i), and Title 18, United States Code, Section 2.

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Count 3

     On or about August, 2002, in the Southern District of California, defendant BRETT EDWARD O'KEEFE did intentionally access or

cause to be accessed without authorization and exceed authorized access and thereby obtain information from a computer of a

Department or Agency of the United States, to wit, National Aeronautics and Space Administration, for purposes of commercial

advantage and private financial gain; in violation of Title 18, United States Code, Sections 1030(a)(2)(B) and (c)(2)(B)(i), and Title 18,

United States Code, Section 2.

Count 4

     On or about August, 2002, in the Southern District of California, defendant BRETT EDWARD O'KEEFE did intentionally access or

cause to be accessed without authorization and exceed authorized access and thereby obtain information from a computer of a

Department or Agency of the United States, to wit, Department of Energy, for purposes of commercial advantage and private financial

gain; in violation of Title 18, United States Code, Sections 1030(a)(2)(B) and (c)(2)(B)(i), and Title 18, United States Code, Section 2.

Count 5

     On or about August, 2002, in the Southern District of California, defendant BRETT EDWARD O'KEEFE did intentionally access or

cause to be accessed without authorization and exceed authorized access and thereby obtain information from a computer of a

Department or Agency of the United States, to wit, United States Navy, for purposes of commercial advantage and private financial gain;

in violation of Title 18, United States Code, Sections 1030(a)(2)(B) and (c)(2)(B)(i), and Title 18, United States Code, Section 2.

Count 6

     On or about August, 2002, in the Southern District of California, BRETT EDWARD O'KEEFE did intentionally access without

authorization and exceed authorized access and thereby obtain information from a protected computer, to wit, computers of Crowne

Office Suites of Atlanta, Georgia, and the conduct involved an interstate communication, for purposes of commercial advantage and

private financial gain; in violation of Title 18, United States Code, Sections 1030(a)(2)(B), 1030(a)(2)(C) and (c)(2)(B)(i), and Title 18,

United States Code, Section 2.

     DATED: September 23, 2003

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CAROL C. LAM
United States Attorney

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