Evgeniy Mikhailovich Bogachev

Ransomware Victims That Pay Up Could Incur Steep Fines from Uncle Sam

Companies victimized by ransomware and firms that facilitate negotiations with ransomware extortionists could face steep fines from the U.S. federal government if the crooks who profit from the attack are already under economic sanctions, the Treasury Department warned today.

Image: Shutterstock

In its advisory (PDF), the Treasury’s Office of Foreign Assets Control (OFAC) said “companies that facilitate ransomware payments to cyber actors on behalf of victims, including financial institutions, cyber insurance firms, and companies involved in digital forensics and incident response, not only encourage future ransomware payment demands but also may risk violating OFAC regulations.”

As financial losses from cybercrime activity and ransomware attacks in particular have skyrocketed in recent years, the Treasury Department has imposed economic sanctions on several cybercriminals and cybercrime groups, effectively freezing all property and interests of these persons (subject to U.S. jurisdiction) and making it a crime to transact with them.

A number of those sanctioned have been closely tied with ransomware and malware attacks, including the North Korean Lazarus Group; two Iranians thought to be tied to the SamSam ransomware attacks; Evgeniy Bogachev, the developer of Cryptolocker; and Evil Corp, a Russian cybercriminal syndicate that has used malware to extract more than $100 million from victim businesses.

Those that run afoul of OFAC sanctions without a special dispensation or “license” from Treasury can face several legal repercussions, including fines of up to $20 million.

The Federal Bureau of Investigation (FBI) and other law enforcement agencies have tried to discourage businesses hit by ransomware from paying their extortionists, noting that doing so only helps bankroll further attacks.

But in practice, a fair number of victims find paying up is the fastest way to resume business as usual. In addition, insurance providers often help facilitate the payments because the amount demanded ends up being less than what the insurer might have to pay to cover the cost of the affected business being sidelined for days or weeks at a time.

While it may seem unlikely that companies victimized by ransomware might somehow be able to know whether their extortionists are currently being sanctioned by the U.S. government, they still can be fined either way, said Ginger Faulk, a partner in the Washington, D.C. office of the law firm Eversheds Sutherland.

Faulk said OFAC may impose civil penalties for sanctions violations based on “strict liability,” meaning that a person subject to U.S. jurisdiction may be held civilly liable even if it did not know or have reason to know it was engaging in a transaction with a person that is prohibited under sanctions laws and regulations administered by OFAC.

“In other words, in order to be held liable as a civil (administrative) matter (as opposed to criminal), no mens rea or even ‘reason to know’ that the person is sanctioned is necessary under OFAC regulations,” Faulk said.

But Fabian Wosar, chief technology officer at computer security firm Emsisoft, said Treasury’s policies here are nothing new, and that they mainly constitute a warning for individual victim firms who may not already be working with law enforcement and/or third-party security firms.

Wosar said companies that help ransomware victims negotiate lower payments and facilitate the financial exchange are already aware of the legal risks from OFAC violations, and will generally refuse clients who get hit by certain ransomware strains.

“In my experience, OFAC and cyber insurance with their contracted negotiators are in constant communication,” he said. “There are often even clearing processes in place to ascertain the risk of certain payments violating OFAC.”

Along those lines, OFAC said the degree of a person/company’s awareness of the conduct at issue is a factor the agency may consider in assessing civil penalties. OFAC said it would consider “a company’s self-initiated, timely, and complete report of a ransomware attack to law enforcement to be a significant mitigating factor in determining an appropriate enforcement outcome if the situation is later determined to have a sanctions nexus.”

Inside ‘Evil Corp,’ a $100M Cybercrime Menace

The U.S. Justice Department this month offered a $5 million bounty for information leading to the arrest and conviction of a Russian man indicted for allegedly orchestrating a vast, international cybercrime network that called itself “Evil Corp” and stole roughly $100 million from businesses and consumers. As it happens, for several years KrebsOnSecurity closely monitored the day-to-day communications and activities of the accused and his accomplices. What follows is an insider’s look at the back-end operations of this gang.

Image: FBI

The $5 million reward is being offered for 32 year-old Maksim V. Yakubets, who the government says went by the nicknames “aqua,” and “aquamo,” among others. The feds allege Aqua led an elite cybercrime ring with at least 16 others who used advanced, custom-made strains of malware known as “JabberZeus” and “Bugat” (a.k.a. “Dridex“) to steal banking credentials from employees at hundreds of small- to mid-sized companies in the United States and Europe.

From 2009 to the present, Aqua’s primary role in the conspiracy was recruiting and managing a continuous supply of unwitting or complicit accomplices to help Evil Corp. launder money stolen from their victims and transfer funds to members of the conspiracy based in Russia, Ukraine and other parts of Eastern Europe. These accomplices, known as “money mules,” are typically recruited via work-at-home job solicitations sent out by email and to people who have submitted their resumes to job search Web sites.

Money mule recruiters tend to target people looking for part-time, remote employment, and the jobs usually involve little work other than receiving and forwarding bank transfers. People who bite on these offers sometimes receive small commissions for each successful transfer, but just as often end up getting stiffed out of a promised payday, and/or receiving a visit or threatening letter from law enforcement agencies that track such crime (more on that in a moment).

HITCHED TO A MULE

KrebsOnSecurity first encountered Aqua’s work in 2008 as a reporter for The Washington Post. A source said they’d stumbled upon a way to intercept and read the daily online chats between Aqua and several other mule recruiters and malware purveyors who were stealing hundreds of thousands of dollars weekly from hacked businesses.

The source also discovered a pattern in the naming convention and appearance of several money mule recruitment Web sites being operated by Aqua. People who responded to recruitment messages were invited to create an account at one of these sites, enter personal and bank account data (mules were told they would be processing payments for their employer’s “programmers” based in Eastern Europe) and then log in each day to check for new messages.

Each mule was given busy work or menial tasks for a few days or weeks prior to being asked to handle money transfers. I believe this was an effort to weed out unreliable money mules. After all, those who showed up late for work tended to cost the crooks a lot of money, as the victim’s bank would usually try to reverse any transfers that hadn’t already been withdrawn by the mules.

One of several sites set up by Aqua and others to recruit and manage money mules.

When it came time to transfer stolen funds, the recruiters would send a message through the mule site saying something like: “Good morning [mule name here]. Our client — XYZ Corp. — is sending you some money today. Please visit your bank now and withdraw this payment in cash, and then wire the funds in equal payments — minus your commission — to these three individuals in Eastern Europe.”

Only, in every case the company mentioned as the “client” was in fact a small business whose payroll accounts they’d already hacked into.

Here’s where it got interesting. Each of these mule recruitment sites had the same security weakness: Anyone could register, and after logging in any user could view messages sent to and from all other users simply by changing a number in the browser’s address bar. As a result, it was trivial to automate the retrieval of messages sent to every money mule registered across dozens of these fake company sites.

So, each day for several years my morning routine went as follows: Make a pot of coffee; shuffle over to the computer and view the messages Aqua and his co-conspirators had sent to their money mules over the previous 12-24 hours; look up the victim company names in Google; pick up the phone to warn each that they were in the process of being robbed by the Russian Cyber Mob.

My spiel on all of these calls was more or less the same: “You probably have no idea who I am, but here’s all my contact info and what I do. Your payroll accounts have been hacked, and you’re about to lose a great deal of money. You should contact your bank immediately and have them put a hold on any pending transfers before it’s too late. Feel free to call me back afterwards if you want more information about how I know all this, but for now please just call or visit your bank.”

Messages to and from a money mule working for Aqua’s crew, circa May 2011.

In many instances, my call would come in just minutes or hours before an unauthorized payroll batch was processed by the victim company’s bank, and some of those notifications prevented what otherwise would have been enormous losses — often several times the amount of the organization’s normal weekly payroll. At some point I stopped counting how many tens of thousands of dollars those calls saved victims, but over several years it was probably in the millions.

Just as often, the victim company would suspect that I was somehow involved in the robbery, and soon after alerting them I would receive a call from an FBI agent or from a police officer in the victim’s hometown. Those were always interesting conversations. Needless to say, the victims that spun their wheels chasing after me usually suffered far more substantial financial losses (mainly because they delayed calling their financial institution until it was too late).

Collectively, these notifications to Evil Corp.’s victims led to dozens of stories over several years about small businesses battling their financial institutions to recover their losses. I don’t believe I ever wrote about a single victim that wasn’t okay with my calling attention to their plight and to the sophistication of the threat facing other companies.

LOW FRIENDS IN HIGH PLACES

According to the U.S. Justice Department, Yakubets/Aqua served as leader of Evil Corp. and was responsible for managing and supervising the group’s cybercrime activities in deploying and using the Jabberzeus and Dridex banking malware. The DOJ notes that prior to serving in this leadership role for Evil Corp, Yakubets was also directly associated with Evgeniy “Slavik” Bogachev, a previously designated Russian cybercriminal responsible for the distribution of the Zeus, Jabber Zeus, and GameOver Zeus malware schemes who currently has a $3 million FBI bounty on his head.

Evgeniy M. Bogachev, in undated photos.

As noted in previous stories here, during times of conflict with Russia’s neighbors, Slavik was known to retool his crime machines to search for classified information on victim systems in regions of the world that were of strategic interest to the Russian government – particularly in Turkey and Ukraine.

“Cybercriminals are recruited to Russia’s national cause through a mix of coercion, payments and appeals to patriotic sentiment,” reads a 2017 story from The Register on security firm Cybereason’s analysis of the Russian cybercrime scene. “Russia’s use of private contractors also has other benefits in helping to decrease overall operational costs, mitigating the risk of detection and gaining technical expertise that they cannot recruit directly into the government. Combining a cyber-militia with official state-sponsored hacking teams has created the most technically advanced and bold cybercriminal community in the world.”

This is interesting because the U.S. Treasury Department says Yukabets as of 2017 was working for the Russian FSB, one of Russia’s leading intelligence organizations.

“As of April 2018, Yakubets was in the process of obtaining a license to work with Russian classified information from the FSB,” notes a statement from the Treasury.

The Treasury Department’s role in this action is key because it means the United States has now imposed economic sanctions on Yukabets and 16 accused associates, effectively freezing all property and interests of these persons (subject to U.S. jurisdiction) and making it a crime to transact with these individuals.

The Justice Department’s criminal complaint against Yukabets (PDF) mentions several intercepted chat communications between Aqua and his alleged associates in which they puzzle over why KrebsOnSecurity seemed to know so much about their internal operations and victims. In the following chat conversations (translated from Russian), Aqua and others discuss a story I wrote for The Washington Post in 2009 about their theft of hundreds of thousands of dollars from the payroll accounts of Bullitt County, Ky:

tank: [Are you] there?
indep: Yeah.
indep: Greetings.
tank: http://voices.washingtonpost.com/securityfix/2009/07/an_odyssey_of_fraud_part_ii.html#more
tank: This is still about me.
tank: Originator: BULLITT COUNTY FISCAL Company: Bullitt County Fiscal Court
tank: He is the account from which we cashed.
tank: Today someone else send this news.
tank: I’m reading and thinking: Let me take a look at history. For some reason this name is familiar.
tank: I’m on line and I’ll look. Ah, here is this shit.
indep: How are you?
tank: Did you get my announcements?
indep: Well, I congratulate [you].
indep: This is just fuck when they write about you in the news.
tank: Whose [What]?
tank: 😀
indep: Too much publicity is not needed.
tank: Well, so nobody knows who they are talking about.

tank: Well, nevertheless, they were writing about us.
aqua: So because of whom did they lock Western Union for Ukraine?
aqua: Tough shit.
tank: *************Originator: BULLITT COUNTY FISCAL Company: Bullitt
County Fiscal Court
aqua: So?
aqua: This is the court system.
tank: Shit.
tank: Yes
aqua: This is why they fucked [nailed?] several drops.
tank: Yes, indeed.
aqua: Well, fuck. Hackers: It’s true they stole a lot of money.

At roughly the same time, one of Aqua’s crew had a chat with Slavik, who used the nickname “lucky12345” at the time:

tank: Are you there?
tank: This is what they damn wrote about me.
tank: http://voices.washingtonpost.com/securityfix/2009/07/an_odyssey_of_fraud_part_ii.html#more
tank: I’ll take a quick look at history
tank: Originator: BULLITT COUNTY FISCAL Company: Bullitt County Fiscal Court
tank: Well, you got [it] from that cash-in.
lucky12345: From 200K?
tank: Well, they are not the right amounts and the cash out from that account was shitty.
tank: Levak was written there.
tank: Because now the entire USA knows about Zeus.
tank: 😀
lucky12345: It’s fucked.

On Dec. 13, 2009, one of the Jabberzeus gang’s money mule recruiters –- a crook who used the pseudonym “Jim Rogers” — somehow learned about something I hadn’t shared beyond a few trusted friends at that point: That The Washington Post had eliminated my job in the process of merging the newspaper’s Web site (where I worked at the time) with the dead tree edition. The following is an exchange between Jim Rogers and the above-quoted “tank”:

jim_rogers: There is a rumor that our favorite (Brian) didn’t get his contract extension at Washington Post. We are giddily awaiting confirmation 🙂 Good news expected exactly by the New Year! Besides us no one reads his column 🙂

tank: Mr. Fucking Brian Fucking Kerbs!

In March 2010, Aqua would divulge in an encrypted chat that his crew was working directly with the Zeus author (Slavik/Lucky12345), but that they found him abrasive and difficult to tolerate:

dimka: I read about the king of seas, was it your handy work?
aqua: what are you talking about? show me
dimka: zeus
aqua: 🙂
aqua: yes, we are using it right now
aqua: its developer sits with us on the system
dimka: it’s a popular thing
aqua: but, he, fucker, annoyed the hell out of everyone, doesn’t want to write bypass of interactives (scans) and trojan penetration 35-40%, bitch
aqua: yeah, shit
aqua: we need better
aqua: http://voices.washingtonpost.com/securityfix read it 🙂 here you find almost everything about us 🙂
dimka: I think everything will be slightly different, if you think so
aqua: we, in this system, the big dog, the rest on the system are doing small crap

Later that month, Aqua bemoaned even more publicity about their work, pointing to a KrebsOnSecurity story about a sophisticated attack in which their malware not only intercepted a one-time password needed to log in to the victim’s bank account, but even modified the bank’s own Web site as displayed in the victim’s browser to point to a phony customer support number.

Ironically, the fake bank phone number was what tipped off the victim company employee. In this instance, the victim’s bank — Fifth Third Bank (referred to as “53” in the chat below) was able to claw back the money stolen by Aqua’s money mules, but not funds that were taken via fraudulent international wire transfers. The cybercriminals in this chat also complain they will need a newly-obfuscated version of their malware due to public exposure:

aqua: tomorrow, everything should work.
aqua: fuck, we need to find more socks for spam.
aqua: okay, so tomorrow Petro [another conspirator who went by the nickname Petr0vich] will give us a [new] .exe
jtk: ok
jim_rogers: this one doesn’t work
jim_rogers: http://www.krebsonsecurity.com/2010/03/crooks-crank-up-volume-of-e-banking-attacks/
jim_rogers: here it’s written about my transfer from 53. How I made a number of wires like it said there. And a woman burnt the deal because of a fake phone number.

ANTI-MULE INITIATIVE

In tandem with the indictments against Evil Corp, the Justice Department joined with officials from Europol to execute a law enforcement action and public awareness campaign to combat money mule activity.

“More than 90% of money mule transactions identified through the European Money Mule Actions are linked to cybercrime,” Europol wrote in a statement about the action. “The illegal money often comes from criminal activities like phishing, malware attacks, online auction fraud, e-commerce fraud, business e-mail compromise (BEC) and CEO fraud, romance scams, holiday fraud (booking fraud) and many others.”

The DOJ said U.S. law enforcement disrupted mule networks that spanned from Hawaii to Florida and from Alaska to Maine. Actions were taken to halt the conduct of over 600 domestic money mules, including 30 individuals who were criminally charged for their roles in receiving victim payments and providing the fraud proceeds to accomplices.

Some tips from Europol on how to spot money mule recruitment scams dressed up as legitimate job offers.

It’s good to see more public education about the damage that money mules inflict, because without them most of these criminal schemes simply fall apart. Aside from helping to launder funds from banking trojan victims, money mules often are instrumental in fleecing elderly people taken in by various online confidence scams.

It’s also great to see the U.S. government finally wielding its most powerful weapon against cybercriminals based in Russia and other safe havens for such activity: Economic sanctions that severely restrict cybercriminals’ access to ill-gotten gains and the ability to launder the proceeds of their crimes by investing in overseas assets.

Further reading:

DOJ press conference remarks on Yakubets
FBI charges announced in malware conspiracy
2019 indictment of Yakubets, Turashev. et al.
2010 Criminal complaint vs. Yukabets, et. al.
FBI “wanted” alert on Igor “Enki” Turashev
US-CERT alert on Dridex

Why Were the Russians So Set Against This Hacker Being Extradited?

The Russian government has for the past four years been fighting to keep 29-year-old alleged cybercriminal Alexei Burkov from being extradited by Israel to the United States. When Israeli authorities turned down requests to send him back to Russia — supposedly to face separate hacking charges there — the Russians then imprisoned an Israeli woman for seven years on trumped-up drug charges in a bid to trade prisoners. That effort failed as well, and Burkov had his first appearance in a U.S. court last week. What follows are some clues that might explain why the Russians are so eager to reclaim this young man.

Alexei Burkov, seated second from right, attends a hearing in Jerusalem in 2015. Andrei Shirokov / Tass via Getty Images.

On the surface, the charges the U.S. government has leveled against Burkov may seem fairly unremarkable: Prosecutors say he ran a credit card fraud forum called CardPlanet that sold more than 150,000 stolen cards.

However, a deep dive into the various pseudonyms allegedly used by Burkov suggests this individual may be one of the most connected and skilled malicious hackers ever apprehended by U.S. authorities, and that the Russian government is probably concerned that he simply knows too much.

Burkov calls himself a specialist in information security and denies having committed the crimes for which he’s been charged. But according to denizens of several Russian-language cybercrime forums that have been following his case in the Israeli news media, Burkov was by all accounts an elite cybercrook who primarily operated under the hacker alias “K0pa.”

This is the same nickname used by an individual who served as co-administrator of perhaps the most exclusive Russian-language hacking forums ever created, including Mazafaka and DirectConnection.

A screen shot from the Mazafaka cybercrime forum, circa 2011.

Since their inception in the mid-aughts, both of these forums have been among the most difficult to join — admitting only native Russian speakers and requiring each applicant to furnish a non-refundable cash deposit and “vouches” or guarantees from at least three existing members. Also, neither forum was accessible or even visible to anyone without a special encryption certificate supplied by forum administrators that allowed the sites to load properly in a Web browser.

DirectConnection, circa 2011. The identity shown at the bottom of this screenshot — Severa — belonged to Peter Levashov, a prolific spammer who pleaded guilty in the United States last year to operating the Kelihos spam botnet.

Notably, some of the world’s most-wanted cybercriminals were members of these two highly exclusive forums, and many of those individuals have already been arrested, extradited and tried for various cybercrime charges in the United States over the years. Those include convicted credit card fraudsters Vladislav “Badb” Horohorin and Sergey “zo0mer” Kozerev, as well as the infamous spammer and botnet master Peter “Severa” Levashov.

A user database obtained by KrebsOnSecurity several years back indicates K0pa relied on the same email address he used to register at Mazafaka and DirectConnection to register the user account “Botnet” on Spamdot, which for years was the closely-guarded stomping ground of the world’s most prolific spammers and virus writers, as well as hackers who created services catering to both professions.

As a reporter for The Washington Post in 2008, I wrote about the core offering that K0pa/Botnet advertised on Spamdot and other exclusive forums: A botnet-based anonymity service called FraudCrew. This service sold access to hacked computers, which FraudCrew customers used for the purposes of hiding their real location online while conducting cybercriminal activities.

FraudCrew, a botnet-based anonymity service offered by K0pa.

K0pa also was a top staff member at Verified, among the oldest and most venerated of Russian language cybercrime forums. Specifically, K0pa’s role at Verified was in maintaining its blacklist, a dispute resolution process designed to weed out “dishonest” cybercriminals who seek only to rip off less experienced crooks. From this vantage point, K0pa would have held considerable sway on the forum, and almost certainly played a key role in vetting new applicants to the site.

Prior to his ascendance at these forums, K0pa was perhaps best known for being a founding member of a hacker group calling themselves the CyberLords. Over nearly a decade, the CyberLords team would release dozens of hacking tools and exploits targeting previously unknown security vulnerabilities in Web-based services and computer software.

A cached copy of cyberlords[.]ru, circa 2005.

A DIRECT CONNECTION?

According to security firm Cybereason, Russia has a history of using contractors — even cybercriminals — to run intelligence operations. These crooks-turned-spies “offer a resource to the state while enjoying a cloak of semi-protected ‘status’ for their extracurricular activities, provided they are directed against foreign targets.”

“Cybercriminals are recruited to Russia’s national cause through a mix of coercion, payments and appeals to patriotic sentiment,” reads a 2017 story from The Register on Cybereason’s analysis of the Russian cybercrime scene. “Russia’s use of private contractors also has other benefits in helping to decrease overall operational costs, mitigating the risk of detection and gaining technical expertise that they cannot recruit directly into the government. Combining a cyber-militia with official state-sponsored hacking teams has created the most technically advanced and bold cybercriminal community in the world.”

A banner that ran on top of the Verified cybercrime forum for many years.

It’s probably worth noting that also present on both DirectConnection and Mazafaka were the core members of a prolific gang of online bank robbers called the JabberZeus Crew, who used custom versions of the ZeuS Trojan to steal tens — if not hundreds — of millions of dollars from hacked small businesses across the United States. In 2011, most of that crew was rounded up in an international cybercrime crackdown, although virtually all of them escaped prosecution in their home countries (mainly Russia and Ukraine).

I mention this because K0pa also was in regular communications with — if not a core member of –the JabberZeus crew. This gang worked directly with the author of the ZeuS trojan — Evgeniy “Slavik” Bogachev — a Russian man with a $3 million bounty on his head from the FBI. The cybercriminal organization Bogchev allegedly ran was responsible for the theft of more than $100 million from banks and businesses worldwide that were infected with his ZeuS malware. That organization, dubbed the “Business Club,” had members spanning most of Russia’s 11 time zones.

In this 2011 screenshot of DirectConnection, we can see the nickname “aqua,” one of the JabberZeus crime gang actors. K0pa also was affiliated with the JabberZeus crew.

Fox-IT, a Dutch security firm that infiltrated the Business Club’s back-end operations, found that beginning in late fall 2013 — about the time that conflict between Ukraine and Russia was just beginning to heat up — Slavik retooled his cyberheist botnet to serve as purely a spying machine, and began scouring infected systems in Ukraine for specific keywords in emails and documents that would likely only be found in classified documents.

Likewise, the keyword searches that Slavik used to scour bot-infected systems in Turkey suggested the botmaster was searching for specific files from the Turkish Ministry of Foreign Affairs – a specialized police unit. Fox-IT said it was clear that Slavik was looking to intercept communications about the conflict in Syria on Turkey’s southern border — one that Russia has supported by reportedly shipping arms into the region.

To my knowledge, no one has accused Burkov of being some kind of cybercrime fixer or virtual badguy Rolodex for the Russian government. On the other hand, from his onetime lofty perch atop some of the most exclusive Russian cybercrime forums, K0pa certainly would have fit that role nicely.

Further reading, including the fascinating story on the diplomatic back and forth between Russia and Israel mentioned in the first paragraph: The Russian Hacker Who Just Became One of Israel’s Most Famous Prisoners.

How Russia Recruited Elite Hackers for Its Cyberwar