Page 47 - Cyber Warnings

While hundreds of thousands of records that appeared to be bank accounts of French citizens
were thrown out, the court adhered to the $500 guideline and split the discrepancy between the
two opposing parties' totals equitably.

Other Key Factors in Sentencing

Other factors that played a key role in determining sentences in this case were the degree to
which each of the co-defendants cooperated with authorities and the concept of deterrence.

Cooperation

Panin, by all accounts, cooperated fully with authorities from the second he was arrested, and
he appears to continue to do so. For the most part, Panin and his counsel sat passively
throughout the hearing, his fate practically predetermined by his plea deal. Panin's attorney did
give a closing statement, but it was Panin's own statement at the end that was more compelling.

From the pale-skinned, eyeglasses-wearing programmer in a baggy orange jumpsuit and ankle
shackles came a deep, measured voice in a heavy Russian accent.

With eyes closed, it would be difficult to tell Panin's voice from that of the villain Bane in the
Dark Knight trilogy of Batman movies. The statement Panin gave, however, was one of
unqualified remorse, making no excuses, accepting full responsibility, and professing trust in the
fairness of whatever sentence the judge pronounced. Although one knew it had to have been, it
seemed more rehearsed than coached, and it seemed absolutely genuine.

Bendelladj, in contrast, had initially given the authorities passwords to decrypt his hard drives,
but even that negotiation was described as "dicey". Bendelladj was described as extremely
uncooperative. He did not accept any plea deal, and he is expected to appeal his sentence
rather than cooperate with authorities in efforts to reduce time served.

Some the posts from the old "dark0de" cybercrime forum describing him as arrogant, reckless,
and a braggart (those are the nicest terms) were entered into evidence, helping to paint an
unflattering picture of his personality. His closing statement did nothing to counter that.

His apology and any assurances that he would never engage in such behavior again seemed
perfunctory and hollow. At the end, it bolstered the prosecutor's closing argument that once he
is free again, Bendelladj would go right back to cybercrime, except this time with the benefit of
knowing how to remain untouchable.

47 Cyber Warnings E-Magazine – May 2016 Edition
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