6th Circuit Throws Faux Dr. Evil a Freakin' Bone on Extortion Sentence
The Sixth Circuit affirmed the conviction of Michael Brown, but tossed out and remanded his four-year prison sentence for attempting to extort $1 million from local branches of the Republican and Democratic parties, and a major accounting firm.
May 15, 2017 at 05:42 PM
6 minute read
A Tennessee man probably should have picked a groovier supervillain than Dr. Evil after fashioning himself after the iconic Austin Powers character in an attempt to extort $1 million by claiming he stole Mitt Romney's tax returns.
The U.S. Court of Appeals for the Sixth Circuit affirmed the conviction of Michael Brown, but tossed out and remanded his four-year prison sentence for attempting to extort local branches of the Republican and Democratic parties, and a major accounting firm in 2012 by claiming he stole Romney's tax returns. Brown, of Tennessee, adopted the alias of “Dr. Evil” from the 1997 Mike Myers flick while executing his failed scheme.
Judge Jeffrey Sutton, who authored the Sixth Circuit's opinion, kept with that comparison.
“When criminal law cases imitate art, they do not always choose its highest form,” Sutton wrote. “In “Austin Powers: International Man of Mystery,” Dr. Evil develops a plan to steal a nuclear warhead and to hold the world hostage for $1 million. This was not, Dr. Evil's deputy pointed out, all that much money for a 1990s global criminal enterprise. But it was enough for an anonymous extortionist in today's case, who apparently was familiar with the movie and who chose some features of it as signatures of his 2012 crime.”
While the details of the case are void of kitschy outfits, 1960s lingo or Elizabeth Hurley cameos, it is reminiscent of a big screen spy movie.
The Franklin, Tennessee, office of PricewaterhouseCoopers received an envelope containing a flash drive and letter from an anonymous sender in the summer of 2012. The sender claimed to have hacked into PwC's network and stolen tax returns belonging to the then-presidential candidate and his wife. The hacker threatened to release the returns unless paid a million dollars. Two similar envelopes containing letters and flash drives appeared at the Williamson County Republican and Democratic party offices days later.
An anonymous post appeared on the website Pastebin.com a week later, which outlined what was in the letters. That post was signed “Dr. Evil,” and was accompanied by an image of the character photoshopped on the lobby of PwC's Franklin office.
Pastebin is a website often used by hackers to brag about their exploits, and has been used by the group Anonymous. The website is also used to share legitimate text files and data.
An internal PwC investigation concluded their network was not compromised, and the Secret Service took over from there. They were able to link the post and flash drives to Brown using digital tools.
While Brown never actually stole Romney's returns, a jury did convict him of wire fraud and extortion. He was sentenced to four years in prison with $200,000 in restitution.
The Sixth Circuit upheld the 12-count conviction, but vacated and remanded his sentence, stating that the lower court mistakenly increased Brown's sentence.
The district court found that Brown had obstructed justice, which required an increased sentence under federal sentencing guidelines. The Sixth Circuit ruled Brown did not “significantly obstruct or impede the government's investigation,” so the enhanced sentence was not justified.
Brown's attorney, J. Alex Little of Bone McAllester Norton in Nashville and the U.S. Attorney's Office in Nashville both declined to comment.
A Tennessee man probably should have picked a groovier supervillain than Dr. Evil after fashioning himself after the iconic Austin Powers character in an attempt to extort $1 million by claiming he stole Mitt Romney's tax returns.
The U.S. Court of Appeals for the Sixth Circuit affirmed the conviction of Michael Brown, but tossed out and remanded his four-year prison sentence for attempting to extort local branches of the Republican and Democratic parties, and a major accounting firm in 2012 by claiming he stole Romney's tax returns. Brown, of Tennessee, adopted the alias of “Dr. Evil” from the 1997 Mike Myers flick while executing his failed scheme.
Judge Jeffrey Sutton, who authored the Sixth Circuit's opinion, kept with that comparison.
“When criminal law cases imitate art, they do not always choose its highest form,” Sutton wrote. “In “Austin Powers: International Man of Mystery,” Dr. Evil develops a plan to steal a nuclear warhead and to hold the world hostage for $1 million. This was not, Dr. Evil's deputy pointed out, all that much money for a 1990s global criminal enterprise. But it was enough for an anonymous extortionist in today's case, who apparently was familiar with the movie and who chose some features of it as signatures of his 2012 crime.”
While the details of the case are void of kitschy outfits, 1960s lingo or Elizabeth Hurley cameos, it is reminiscent of a big screen spy movie.
The Franklin, Tennessee, office of PricewaterhouseCoopers received an envelope containing a flash drive and letter from an anonymous sender in the summer of 2012. The sender claimed to have hacked into PwC's network and stolen tax returns belonging to the then-presidential candidate and his wife. The hacker threatened to release the returns unless paid a million dollars. Two similar envelopes containing letters and flash drives appeared at the Williamson County Republican and Democratic party offices days later.
An anonymous post appeared on the website Pastebin.com a week later, which outlined what was in the letters. That post was signed “Dr. Evil,” and was accompanied by an image of the character photoshopped on the lobby of PwC's Franklin office.
Pastebin is a website often used by hackers to brag about their exploits, and has been used by the group Anonymous. The website is also used to share legitimate text files and data.
An internal PwC investigation concluded their network was not compromised, and the Secret Service took over from there. They were able to link the post and flash drives to Brown using digital tools.
While Brown never actually stole Romney's returns, a jury did convict him of wire fraud and extortion. He was sentenced to four years in prison with $200,000 in restitution.
The Sixth Circuit upheld the 12-count conviction, but vacated and remanded his sentence, stating that the lower court mistakenly increased Brown's sentence.
The district court found that Brown had obstructed justice, which required an increased sentence under federal sentencing guidelines. The Sixth Circuit ruled Brown did not “significantly obstruct or impede the government's investigation,” so the enhanced sentence was not justified.
Brown's attorney, J. Alex Little of
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSplit DC Circuit Upholds Trespassing Charge Used in Hundreds of Jan. 6 Cases
When in Doubt: What's a Dubitante Opinion, and Why Do Judges Write Them?
Supreme Court Casts Skeptical Eye Over Death Penalty Appeal
Judges Support Proposed Rule Requiring Court's Approval to File Amicus Briefs
Trending Stories
- 1Which Outside Law Firms Are Irreplaceable, and Which Should Have Gotten the Ax Years Ago?
- 2Two Tesla Shareholder Cases in Del. Chancery Court Consolidated
- 3Your Opinion Matters: Annual Managing Partner Survey
- 4Civility for the New Generation
- 5The Future of Law: Harnessing AI Without Compromising Integrity
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250