United States of America v. Joseph Sullivan

San Francisco, California, criminal defense lawyer represented the Defendant charged with obstruction of proceedings before the Federal Trade Commission and misprison of a felony.



Misprision is the crime of "having knowledge of the actual commission of a felony” and "conceal[ing]” or failing

to "as soon as possible make known the same to some judge or other person in civil or military authority under the United States.” 18 U.S.C. § 4. To establish misprision, the government is obliged to show that "the principal committed

and completed the felony alleged.” United States v. Ciambrone, 750 F.2d 1416, 1417 (9th Cir. 1984). Here, that meant proving that the hackers had "intentionally accesse[d]” Uber's computers "without authorization . . . and thereby obtain[ed]” information from those "protected computer[s],” in violation of the CFAA. 18 U.S.C. § 1030(a)(2).

Defendant is placed on probation for terms of 3 years as to each of Counts 1 and 2 of the Superseding Indictment, terms to run concurrently, one with another. While on probation, defendant shall be subject to the standard conditions in force in this District and additional special conditions, including the performance of 200 hours of community service. A Special Monetary Assessment of $200.00 ($100.00 per count) is imposed and is due and payable immediately. A fine of $50,000.00 is imposed and should be paid within 60 days. International travel will not be approved until the fine is paid in full.



Affirmed