BRYAN SCHRODER
United States Attorney
ADAM ALEXANDER
Assistant U.S. Attorney
Federal Building & U.S. Courthouse
222 West Seventh Avenue, #9, Room 253
Anchorage, Alaska 99513-7567
Phone: (907) 271-5071
Fax: (907) 271-1500
Email: adam.alexander@usdoj.gov
KENNETH A. BLANCO
Acting Assistant Attorney General
CATHERINE ALDEN PELKER
Trial Attorney
Computer Crime & Intellectual Property Section
1301 New York Avenue, NW, Suite 600
Washington, DC 20005
Telephone: (202) 514-1026
Facsimile: (202) 514-6113
Email: catherine.pelker@usdoj.gov
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
JOSIAH WHITE,
a.k.a Lightspeed
a.k.a thegenius
Defendant.

) Case No. 3:17-cr-00165-TMB
)
)
PLEA AGREEMENT
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Unless the parties jointly inform the Court in writing of any

additional agreements, this document in its entirety contains

the terms of the plea agreement between the defendant and the
United States. This agreement is limited to the District of
Alaska; it does not bind other federal, state, or local
prosecuting authorities.

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 I.

SUMMARY OF AGREEMENT, FEDERAL RULE OF CRIMINAL PROCEDURE
11, WAIVER OF CLAIM FOR ATTORNEY'S FEE AND COSTS
A.

Summary of Agreement

The defendant agrees to plead guilty to the sole count of the Information in this case:
conspiracy to violate 18 U.S.C. § 1030(a)(5) in violation of 18 U.S.C. § 371. The defendant
further agrees: (1) to voluntarily abandon 33 Bitcoin, which are the proceeds of criminal activity;
and (2) not to contest the sentencing guidelines calculation set forth in Section 111.B, with loss to
be determined at sentencing. The United States agrees not to prosecute the defendant further for
any other offense related to the events that resulted in the charge contained in the Information.
The defendant will waive all rights to appeal the conviction and sentence imposed under
this agreement. The defendant will also waive all rights to collaterally attack the conviction and
sentence, except on the grounds of ineffective assistance of counsel or the voluntariness of the
plea.
B.

Federal Rule of Criminal Procedure 11

Unless the parties otherwise inform the Court in writing, Federal Rule of Criminal
Procedure l l(c)(l )(A) and (B) will control this plea agreement. Thus, the defendant may not
withdraw from this agreement or the guilty plea if the Court rejects the parties' sentencing
recommendations at the sentencing hearing.
II.

CHARGES, ELEMENTS, FACTUAL BASIS, STATUTORY PENALTIES AND
OTHER MATTERS AFFECTING SENTENCE, FORFEITURE, RESTITUTION,
VOLUNTARY ABANDONMENT
A.

Charges

The defendant agrees to plead guilty to the sole count of the Information:
Conspiracy to violate 18 U.S.C. § I030(a)(5) in violation of 18 U.S.C. § 371.
U.S. v. Josiah White

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 B.

Elements

The elements of the charge to which the defendant is pleading guilty are as follows:
1.

An agreement between the defendant and at least one other person to
commit a violation of 18 U.S.C. I030(a)(5) (causing intentional damage to
a protected computer);

2.

The defendant became a member of the conspiracy knowing of at least one
of its objects and intending to help accomplish it; and

3.

One of the members of the conspiracy performed at least one overt act for
the purpose of carrying out the conspiracy.

C.

Factual Basis

The defendant admits the truth of the allegations in the sole count of the Information and
the truth of the following statement, and the parties stipulate that the Court may rely upon this
statement to support the factual basis for the guilty plea and for the imposition of the sentence:
Beginning in August 2016, Josiah White agreed to work together with persons known to
the grand jury to create a botnet - a collection of computers infected with malicious software and
controlled as a group without the knowledge or permission of the computers' owners. White and
his co-conspirators built the botnet in order to: (1) create a weapon capable of initiating powerful
denial of service attacks against business competitors and others against whom White and his co­
conspirators held grudges against; and (2) provide a source of revenue to White and his co­
conspirators in the form of a powerful denial of service weapon that could be: (a) rented to third­
parties in exchange for payment; and (b) used to extort hosting companies and others into paying
protection money in order to avoid being targeted by denial of service attacks.

U.S. v. Josiah White

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 Working together, White and his co-conspirators successfully infected hundreds of
thousands of internet-connected computing devices, including computers in Alaska, with
malicious software known as Mirai and enlisted these devices into a large botnet.
In August and September, 2016, during the course of the conspiracy, White and his co­
conspirators used the Mirai botnet they created to initiate denial of service attacks against a
number ofU.S.-based hosting companies and other targets. These attacks caused loss during a
one-year period aggregating at least $5,000 in value and caused damage affecting 10 or more
protected computers during a I-year period.
In addition, during the same period, White and his co-conspirators granted access to their
Mirai botnet to other criminals in exchange for payment. With the approval of White and his co­
conspirators, these customers used the Mirai botnet to conduct denial of service attacks that
caused loss during a one-year period aggregating at least $5,000 in value and caused damage
affecting 10 or more protected computers during a I-year period.
White personally performed a number of acts in furtherance of the conspiracy, including,
but not limited to:
(1)

In or about August 2016, White created the scanner that is part of the Mirai code.
The scanner functions by scanning the internet for devices that respond on a given
port number, and then attempting to gain unauthorized administrative access to
those devices by entering a series of login credentials. If the login attempt is
successful, the IP address of the exploitable device is recorded and the device is
subsequently infected with Mirai.

U.S. v. Josiah White

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 (2)

In or about August 2016, White used the Mirai scanner to gain unauthorized
access to numerous internet-connected computers, including computers in
Alaska;
In or about September 2016, White directed and oversaw the repositioning of the

(3)

Mirai C2 server to the hosting provider BackConnect;
(4)

In or about September 2016, White accessed without authorization a computer
located in France for the purpose of converting the computer into a proxy that
could be used by this co-conspirators to conduct Mirai-related activity.
Statutory Penalties and Other Matters Affecting Sentence

D.

1.

Statutory Penalties

The maximum statutory penalties applicable to the charge to which the defendant is
pleading guilty, based on the facts to which the defendant will admit in support of the guilty plea,
are as follows:
Count 1: Conspiracy to violate 18 U.S.C. § I030(a)(5)
1) Imprisonment: Five years
2) Fine: $250,000 or twice the pecuniary gain or loss of the offense
3) Supervised Release: One year
4) Special Assessment: $100
2.

Other Matters Affecting Sentence
a.

Conditions Affecting the Defendant's Sentence

The following conditions may also apply and affect the defendant's sentence: 1) pursuant
to Comment 7 of U.S.S.G. § 5El.2, the Court may impose an additional fine to pay the costs to
the government of any imprisonment and supervised release term; 2) pursuant to 18 U .S.C. §

U.S. v. Josiah White

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 3612(f), unless otherwise ordered, if the Court imposes a fine of more than $2,500, interest will
be charged on the balance not paid within 15 days after the judgment date; 3) upon violating any
condition of supervised release, a further term of imprisonment equal to the period of the
supervised release may be imposed, with no credit for the time already spent on supervised
release; 4) the Court may order the defendant to pay restitution pursuant to the 18 U.S.C. § 3663
and U.S.S.G. § 5El .1 ; and if 18 U.S.C. § 3663A (mandatory restitution for certain crimes)
applies, the Court shall order the defendant to pay restitution.
b.

Payment of Special Assessment

The defendant agrees to pay the entire special assessment in this case on the day the
Court imposes the sentence. All payments will be by check or money order, and are to be
delivered to the Clerk of Court, United States District Court, 222 W. 7th Ave. Box 4, Rm. 229,
Anchorage, AK 99513-7564.
c.

Consequences of Felony Conviction

Any person convicted of a federal felony offense may lose or be denied federal benefits
including any grants, loans, licenses, food stamps, welfare or other forms of public assistance, as
well as the right to own or possess any firearms, the right to vote, the right to hold public office,
and the right to sit on a jury. If applicable, any defendant who is not a United States citizen may
be subject to deportation from the United States following conviction for a criminal offense and
will not be permitted to return unless the defendant specifically receives the prior approval of the
United States Attorney General.
E.

Restitution

The parties agree that the proper restitution amount will be determined at sentencing.

U.S. v. Josiah White

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 F.

Voluntary Abandonment

Defendant agrees to voluntarily abandon 33 Bitcoin, which are the proceeds of criminal
activity.
The defendant warrants that the defendant had sole possession and ownership of the
property referenced above, and that there are no claims to, or liens or encumbrances on the
property referenced above. Defendant will take all steps as requested by the United States to
pass clear title to the property, including but not limited to, executing documents, and testifying
truthfully in any legal proceeding. The defendant agrees to forever abandon and disclaim any
right, title, and interest the defendant may have in the property described above, and warrant to
the Court free, clear and unencumbered title to the aforelisted property. Defendant further agrees
to defend against any claims that may be filed against said property, and agrees not to assist
others in filing a claim against said property in any legal proceeding.
III.

ADVISORY UNITED STATES SENTENCING GUIDELINES, GUIDELINE
APPLICATION AGREEMENTS, SENTENCING RECOMMENDATIONS
A.

Advisory United States Sentencing Guidelines

The Court must consult the advisory United States Sentencing Commission Guidelines
[U.S.S.G.] as well as the factors set forth in 18 U.S.C. § 3553(a) when considering the sentence
to impose. The U.S.S.G. do not establish the statutory maximum or minimum sentence
applicable to the offense to which the defendant is pleading guilty. The U.S.S.G. are not
mandatory and the Court is not bound to impose a sentence recommended by the U.S.S.G.
B.

Guideline Application Agreements

Pursuant to Federal Rule of Criminal Procedure l l(c)(l)(B), and to assist the Court in
determining the appropriate sentence, the parties stipulate that the Offense Level under the
U.S.S.G is properly calculated as follows:
U.S. v. Josiah White

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 18 U.S.C. § 371
§ 2Bl .l (a)

Base Offense Level

6

§ 2B 1.1 (b)(2) Victims ( 10 or more)

+2

§ 2B 1.1 (b)( 1O)Sophisticated means

+2

The parties have not reached an agreement on the amount of loss, which will be
determined at sentencing.
2.

Acceptance of Responsibility

If the United States concludes that the defendant has satisfied the criteria set out in
U.S.S.G. § 3El.l and the applicable application notes, the United States agrees to recommend
the defendant for a two level downward adjustment for acceptance of responsibility and, if
U.S.S.G. § 3E1.1(b) applies, to move for the additional one level adjustment for acceptance of
responsibility. If, at any time prior to imposition of the sentence, the United States concludes
that the defendant has failed to fully satisfy the criteria set out in U.S.S.G. § 3El .l , or has acted
in a manner inconsistent with acceptance of responsibility, the United States will not make or, if
already made, will withdraw this recommendation and motion.
C.

Sentencing Recommendations

The United States Probation Office will prepare the defendant's pre-sentence report in
which it will include a recommended calculation of the defendant's sentence range under the
U.S.S.G. Both the United States and the defendant will have the opportunity to argue in support
of or in opposition to the guideline sentence range calculation the U.S.P.O. recommends, as well
as present evidence in support of their respective sentencing arguments.
The parties are free to make sentencing recommendations consistent with this agreement.
The parties are free to recommend to the Court their respective positions on the appropriate

U.S. v. Josiah White
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 sentence to be imposed in this case based on the stipulated facts set forth in Section II C, any
additional facts established at the imposition of sentence hearing, the applicable statutory penalty
sections, the advisory U.S.S.G., and the sentencing factors set forth in 18 U.S.C. § 3553.
IV.

ADDITIONAL AGREEMENTS BY UNITED STATES
In exchange for the defendant's guilty plea and the Court's acceptance of the defendant's

plea and the terms of this agreement, the United States agrees that it will not prosecute the
defendant further for any other offense - now known- arising out of the subject of the
investigation related to the charges brought in the Information in this case and the defendant's
admissions set forth in Section II C.
Provided, however, if the defendant's guilty plea or sentence is/are rejected, withdrawn,
vacated, reversed, set aside, or modified, at any time, in any proceeding, for any reason, the
United States will be free to prosecute the defendant on all charges arising out of the
investigation of this case including any charges dismissed pursuant to the terms of this
agreement, which charges will be automatically reinstated as well as for perjury and false
statements. The defendant hereby agrees that he waives any defense that the statute of
limitations bars the prosecution of such a reinstated charge.
V.

WAIVER OF TRIAL RIGHTS, APPELLATE RIGHTS, COLLATERAL
ATTACK RIGHTS, CLAIM FOR ATTORNEY FEES AND COSTS, AND RULE
410
A.

Trial Rights

Being aware of the following, the defendant waives these trial rights:
-

the right to have the charges presented to the grand jury prior to entering the

guilty plea;

U.S. v. Josiah White

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 - The right to a speedy and public trial by jury on the factual issues establishing
guilt or any fact affecting the mandatory minimum and statutory penalties, and
any issue affecting any interest in any assets subject to forfeiture;
- The right to object to the composition ofthe grand or trial jury;
- The right to plead not guilty or to persist in that plea ifit has already been
made;
- The right to be presumed innocent and not to suffer any criminal penalty
unless and until the defendant's guilt is established beyond a reasonable
doubt;
- The right to be represented by counsel at trial and if necessary to have a
counsel appointed at public expense to represent the defendant at trial - the
defendant is not waiving the right to have counsel continue to represent the
defendant during the sentencing phase ofthis case;
The right to confront and cross examine witnesses against the defendant, and
the right to subpoena witnesses to appear in the defendant's behalf;
The right to remain silent at trial, with such silence not to be used against the
defendant, and the right to testify in the defendant's own behalf; and
The right to contest the validity of any searches conducted on the defendant's
property or person.
B.

Appellate Rights

The defendant waives the right to appeal the conviction resulting from the entry of guilty
plea to the charge set forth in this agreement. The defendant further agrees that ifthe Court
imposes a sentence that does not exceed the statutory maximum penalties - as set forth in section
U.S. v. Josiah White

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 II.D above in this agreement, the defendant waives without exception the right to appeal on all
grounds contained in 18 U.S.C. § 3742 the sentence the Court imposes- including forfeiture (if
applicable) or terms or conditions of probation (if applicable) or supervised release, any fines or
restitution.
By waiving these rights, the defendant understands that the conviction and sentence the
Court imposes will be final. No other court will conduct appellate review of the conviction or
the sentence.
The defendant agrees that the appellate and collateral attack waivers contained within this
agreement will apply to any U.S.C. § 3582(c) modifications, as well as the district court's
decision to deny any such modification.
Should the defendant file a notice of appeal in violation in this agreement, it will
constitute a material breach of the agreement. The government is free to reinstate any dismissed
charges, and withdraw any motions for downward departures, or sentences below the mandatory
minimum made pursuant to 18 U.S.C. § 3553(e).
C.

Collateral Attack Rights

The defendant agrees to waive all rights to collaterally attack the resulting conviction
and/or sentence - including forfeiture (if applicable) or terms or conditions of probation (if
applicable) or supervised release, and any fines or restitution- the Court imposes. The only
exceptions to this collateral attack waiver are as follows: 1) any challenge to the conviction or
sentence alleging ineffective assistance of counsel- based on information not now known to the
defendant and which, in the exercise of reasonable diligence, could not be known by the
defendant at the time the Court imposes sentence; and 2) a challenge to the voluntariness of the
defendant's guilty plea.

U.S. v. Josiah White

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 D.

Claim for Attorney Fees and Costs

Because this is a negotiated resolution of the case, the parties waive any claim for the
award of attorney fees and costs from the other party.
E.

Evidence Rule 410 and Fed. R. Crim. P. ll(t)

By signing this agreement, the defendant admits the truth of the facts in the Factual Basis
portion of this agreement set forth in Section 11.C. The defendant agrees that the statements
made by him in signing this agreement shall be deemed usable and admissible against the
defendant as stipulations in any hearing, trial or sentencing that may follow, even if the
defendant fails to enter a guilty plea pursuant to this agreement. The foregoing provision acts as
a modification, and express waiver, of Federal Rule of Evidence 410 and Federal Rule of
Criminal Procedure ll(f).
VI.

ADEQUACY OF THE AGREEMENT
Pursuant to Local Criminal Rule 11.2 (d)(7) and (8), this plea agreement is appropriate in

that it conforms with the sentencing goals that would otherwise be applicable to the defendant's
case if the defendant had gone to trial and had been convicted on all counts in the charging
instrument.
VII.

THE DEFENDANT'S ACCEPTANCE OF THE TERMS OF THIS PLEA
AGREEMENT
I, Josiah White, the defendant, affirm this document contains all of the agreements made

between me - with the assistance of my attorney - and the United States regarding my plea.
There are no other promises, assurances, or agreements the United States has made or entered
into with me that have affected my decision to enter any plea of guilty or to enter into this
agreement. If there are any additional promises, assurances, or agreements, I and the United
States will jointly inform the Court in writing before I enter my guilty plea.
U.S. v. Josiah White

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 I understand that no one, including my attorney, can guarantee the outcome of my case
or what sentence the Court may impose if I plead guilty. If anyone, including my attorney, has
done or said anything other than what is contained in this agreement, I will inform the Court
when I stand before it to enter my plea. If there were, I would so inform the Court.
I enter into this agreement understanding and agreeing that the conditions set forth herein
are obligatory and material to this agreement and that any failure on my part to fulfill these
obligations will constitute a material breach of this agreement. If I breach this agreement, I agree
the United States, in its sole discretion, may withdraw from this agreement and may reinstate
prosecution against me on any charges arising out of the investigation in this matter. If my
compliance with the terms of this plea agreement becomes an issue, at an appropriate hearing,
during which I agree any of my disclosures will be admissible, the Court will determine whether
or not I have violated the terms of this agreement. I understand the government's burden to
prove a breach will be by a preponderance of the evidence.
I understand the Court will ask me under an oath to answer questions about the offense to
which I am pleading guilty and my understanding of this plea agreement. I understand that I
may be prosecuted if I make false statements or give false answers and may suffer other
consequences set forth in this agreement.
I have read this plea agreement carefully and understand it thoroughly. I know of no
reason why the Court should find me incompetent to enter into this agreement or to enter my
plea. I enter into this agreement knowingly and voluntarily. I understand that anything that I
discuss with my attorney is privileged and confidential, and cannot be revealed without my
permission. Knowing this, I agree that this document will be filed with the Court.

U.S. v. Josiah White

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 I am fully satisfied with the representation given me by my attorney and am prepared to
repeat this statement at the time I stand before the Court and enter my guilty plea. My attorney
and I have discussed all possible defenses to the charges to which I am pleading guilty. My
attorney has investigated my case and followed up on any information and issues I have raised to
my satisfaction. My attorney has taken the time to fully explain the legal and factual issues
involved in my case to my satisfaction. We have discussed the statutes applicable to my offense
and sentence as well as the possible effect the U.S.S.G. may have on my sentence.
Based on my complete understanding of this plea agreement, I therefore admit that I am
guilty of the sole count ofthe Information.
DATED:

,2 /2. 't) //7

Josiah White
Defendant

As counsel for the defendant, I have conveyed all written plea offers and I have discussed
the terms of this plea agreement with the defendant, have fully explained the charge to which the
defendant is pleading guilty and the necessary elements, all possible defenses, and the
consequences of a guilty plea to a felony. Based on these discussions, I have no reason to doubt
that the defendant is knowingly and voluntarily entering into this agreement and entering a plea
ofguilty. I know ofno reason to question the defendant's competency to make these decisions.
If, prior to the imposition of sentence, I become aware of any reason to question the d fondant's
competency to enter into this plea agreement or to enter a P,
f uilty, will im
iately
inform the court.
DATED: {/

(r;;RJ

Richard Curtner
Attorney for Josiah White

On behalf of the United States, I accept the defendant's offer to plead guilty under the terms of
this plea agreement.

DATED:

/fl____ ________
t I /2,Q

_,,,

United States Attorney
U.S. v. Josiah White
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