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There has been an ongoing debate among some on social media regarding the two main options that may take place in the sentencing of Deric Lostutter.

DERIC1

The first option would be little or no jail time with probation and a fine being possible.

The second option would be that the judge throws the book at him, handing down a sentence of several years with a stiff fine and strict probationary requirements for Deric to meet.

What has NOT been discussed, as far as I can find, is the third long shot option.

Deric simply does not show up in court .

He flees to Canada.

usmsstar

On the surface, this would not seem to be a likely outcome for obvious reasons. It is a hard thing to do now days or that is what some people might think.

The first argument in favor of this option is the fact that Deric would not be the first alleged hacker to flee to Canada.

commandrxConsider the case of Commander x. He was actually arrested by the FBI and released on bail

https://arstechnica.com/tech-policy/2012/12/anon-on-the-run-how-commander-x-jumped-bai/

“Doyon could be looking at years in prison.
The thought of long-term confinement was intolerable.
He decided to¬†run.”

Deric has the luxury of not being out on bail. He is only out on probation. This would make it easier for him to go on the lam. He also has those would be willing to finance his “vacation.”

Because of the conditions imposed by the court, Deric has been completely quiet. He has said absolutely nothing on his known accounts. Because of this, there is no pattern of activity for law enforcement to observe that would anticipate when or if he were to abscond.

All Deric would need to do is to wait until the day of his appointment with his probation officer to take off after the appointment. He is less than a day’s drive from the many obscure entry points to Canada. Illegally crossing into Canada is far easier than one might think. All it takes is a little research as to where best to cross over.

canacacross

The next argument for this option is that Deric considers himself a martyr. He has engaged on a years long self serving propaganda campaign to portray himself as the “hero of Steubenville.”

Deric can also look at the support that has been given to Commander X and others who have fled their home countries rather than serve prison terms.

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Commander X has managed to build himself a rather large and profitable media empire. He has a lot of support from the Anonymous collective and many in the public sector.

cxbook

It is not that hard to believe that Deric Lostutter through some twisted logic would look at Commander X and think “this could be me!!!!”

Deric has shown his ability to use social media for his benefit. He could certainly set up a support network that would funnel funds to him wherever he may choose to reside.

Now to counter an obvious argument against Deric leaving the country, his wife and child. It is hard at this time to know the exact status of their relationship. We can however use a hypothetical to guess what she may or may not do.

She could choose to remain where she is and use subtle methods to contact Deric and perhaps funnel funds to him.

She could also choose to join him on his being on the lam at the same time or at a later date. A lot depends on how closely law enforcement is keeping an eye on him.

The best option for Deric is to go it alone. Leave the wife and child at home, at least for now, and hit the road. At a later date, she could find a way to join him.

At this point, there  are probably some of you wondering why the hell Deric would take such a drastic gamble? He is a first offender, after all and he just might get off with a slap on the wrist.

If he were to get caught, Deric would face a far more severe fate than if he were to show up on March 8th to face the consequences of his actions.

It is those actions that cause me to consider at least the remote possibility that Deric would go down this path. Deric chose to engage in a reckless action that he knew clearly was in violation of the law and would result in serious consequences if caught.

He also lied to the FBI which is a seriously stupid thing to do. To compound matters, Deric has violated the terms of his pre sentencing probation at least twice.

Deric has also filed what has to be the dumbest collection of Civil lawsuits of all time.

Because of all the arguments I have submitted thus far, I feel it is not that much of a stretch to think that Deric just might follow Commander X into Canada and at least try to live the life of a fugitive hacker.

In just two short weeks, we will find out what option will turn out to be correct.

Stay tuned

MURT

 

 

 

2 Comments

  1. Or maybe he will just show up & accept what the judge decides is the proper punishment for what he pleaded to.
    These made up scenarios are absolutely insane coming from a cpl people who have a biased opinion in regards to this case.It’s going to be a no win situation for the internet from you guys because IF he gets the maximum, then you guys can run around screaming WE WON for days,if he don’t then you guys can cry MISCARRIAGE OF JUSTICE for the next 3+ yrs.
    Lastly……. IF he files false lawsuits against people for whatever reason don’t you think IF there was no substance to these cases that they would have already been dismissed ages ago and there would be no need to file dismissal requests & continuances monthly?
    If they are non fact cases then with the obsession certain people have for him 1 would think they would show up & win the case & have something else to celebrate online for god knows how long.

      • MURTWITNESSONE
      • Posted February 27, 2017 at 3:31 pm
      • Permalink

      There are a number of outcomes that may take place 8 days from now. It is those outcomes that I wrote about in the article. The reason I wrote about the third option is that it is based in some part on those who have engaged in similar criminal actions who have chosen to flee rather than face jail time. Deric has taken defiant actions in the past and because of that, it is a worthy option to consider. You might be correct in that he will simply show up and take responsibility for his actions. It is one that I hope he chooses.

      In regards to the civil case. There should be a ruling on the dismissal of the case sometime this week or soon after Deric’s sentencing. The civil court may be waiting to see what the outcome of the sentencing might be before they render a decision. Also, federal civil courts are notoriously slow. It may be that the heavy case loads they have on their dockets may be the reason the decision is taking so long. If and when there is a development in the civil case, I will report on it here.

      As for celebrating whatever punishment the court hands down to Deric , each individual either involved in the case or who have expressed an interest in it have their own reasons to either celebrate or not. In my case it will be not a celebration but an interest as to the outcome of the sentencing as well as my bias when it comes to my strong support of the CFAA and a strong advocate for the enforcement of this law. For far too long, the kind of hacking that Deric Lostutter confessed to and his subsequent actions have been considered minor in nature or simply the pranks of techno geeks. What has been missed until now is the fact that many innocent people are the victims of such pranks and are denied justice because up until now, law enforcement and the courts have not paid that much attention to them. Because of recent hacking incidents that have been reported on in the mainstream media, it appears that that a great deal of awareness to just how serious the actions like that of Deric and Noah are and that it is now time to make an example of those who violate these laws.

      MURT


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