4.Vincent D'Agostino — Direct/Cross
204 linesDIRECT EXAMINATION BY MR. HOWARD:
MR. HOWARD: Good morning, Special Agent D'Agostino.
VINCENT D'AGOSTINO: Good morning, Mr. Howard.
MR. HOWARD: And who do you work for?
VINCENT D'AGOSTINO: The FBI.
MR. HOWARD: And how long have you worked at the FBI?
VINCENT D'AGOSTINO: A little over ten years.
MR. HOWARD: What is your position?
VINCENT D'AGOSTINO: Special Agent.
MR. HOWARD: Where are you based?
VINCENT D'AGOSTINO: Manhattan, 26 Federal Plaza.
MR. HOWARD: And are you assigned to a particular squad?
VINCENT D'AGOSTINO: I am.
MR. HOWARD: And what squad is that?
VINCENT D'AGOSTINO: The Cyber Crime Squad, Squad CY2.
MR. HOWARD: What are your responsibilities as a cyber special agent?
VINCENT D'AGOSTINO: Part of my responsibilities are to investigate any violations of federal law as they relate to computer crimes. So you conduct surveillance, interviews, interrogations, forensic analysis, do search warrants, arrests, and testify.
MR. HOWARD: In the course of your responsibilities as an FBI agent on the cyber squad, have you analyzed and reviewed malware?
MR. HOWARD: What is malware?
VINCENT D'AGOSTINO: Malware is short for malicious software. What it is, it's basically bad programs that end up on people's computers that are designed to steal sensitive information or give control of your computer to somebody else.
MR. HOWARD: What other terms are commonly used to refer to malware?
VINCENT D'AGOSTINO: Like adware, spyware. Other types of malware -- worms, Trojans, viruses. Those are all types of malware, which is a very generic term.
MR. HOWARD: Now, have you reviewed malware purchased from Silk Road as part of your investigation?
VINCENT D'AGOSTINO: I have.
MR. HOWARD: Now, Ms. Rosen, could you please publish Government Exhibit 340A, which is already in evidence.
MR. HOWARD: Special Agent D'Agostino, do you recognize what Government Exhibit 340A is?
VINCENT D'AGOSTINO: Yes, I do.
MR. HOWARD: And what is it?
VINCENT D'AGOSTINO: It's a receipt from a purchase of several packages of malware that was given to me by Special Agent Gary Alford from the IRS.
MR. HOWARD: So, Ms. Rosen, could we just zoom in on the top section of this. Right here.
MR. HOWARD: Here it says "downers4u." Was that the undercover account that was used to purchase the malware?
VINCENT D'AGOSTINO: Yes, it was.
MR. HOWARD: Here it says: "From: Sniffsniff. HUGE hacking Pack **150+ HACKING TOOLS&PROGRAMS."
VINCENT D'AGOSTINO: Correct.
MR. HOWARD: Is that the listing that was purchased?
MR. HOWARD: Will you zoom back out, please, Ms. Rosen?
THE COURT: I think -- I'm sorry. Go ahead. I thought something had gotten missed. It didn't.
Continue.
BY MR. HOWARD:
MR. HOWARD: Could we zoom in on this section, please.
And so what is this section of this document?
VINCENT D'AGOSTINO: So since the purchase was made for software, these are links that will give you access to download that software that you purchased. So the top three being the ones you actually paid for and then the lower six or so being the freebies that are thrown in as extras.
MR. HOWARD: Now, after this was provided to you by Special Agent Alford, did you test any of the links that were provided by the Silk Road vendor?
VINCENT D'AGOSTINO: I did.
MR. HOWARD: And what did you discover?
VINCENT D'AGOSTINO: I tested the first three links and all three links were active. So you can take any one of those three and drop them into a browser, like Internet Explorer or Mozilla and it will take you to a page where you can download the associated file, which you can see -- like on the first link, for example, the file name is actually huge underscore hacking underscore pack dot rar, and that's the file that will be delivered to your computer.
MR. HOWARD: Special Agent D'Agostino, you said you put these in a browser. Are you referring to a Tor browser or a regular browser?
VINCENT D'AGOSTINO: Just a regular browser.
MR. HOWARD: Could you please flip in your binder to what's been marked for identification purposes as Government Exhibit 1100.
MR. HOWARD: Do you recognize what this is?
VINCENT D'AGOSTINO: I do.
MR. HOWARD: And what is this?
VINCENT D'AGOSTINO: It's a screen capture of the download page for one of the files that I downloaded.
MR. HOWARD: Did you take this screenshot?
VINCENT D'AGOSTINO: Yes, I did.
MR. HOWARD: The government offers Government Exhibit 1100.
MR. DRATEL: No objection.
THE COURT: Received.
(Government's Exhibit 1100 received in evidence)
MR. HOWARD: So could we just zoom in on the center area here.
MR. HOWARD: Special Agent D'Agostino, what is depicted here?
VINCENT D'AGOSTINO: So this is showing you the file you're about to download, which is called pack pound sign or I guess hash tag number 2.rar, and the file size, which is 2.37 gigabytes. It is a large file. If you click "download to your computer," the download begins.
MR. HOWARD: Now, did you in fact download the malware?
VINCENT D'AGOSTINO: I did.
MR. HOWARD: Can you please flip in your binder to what has been marked as Government Exhibit 1101.
MR. HOWARD: By the way, did you take any precautions before you downloaded this malware?
MR. HOWARD: And what did you do?
VINCENT D'AGOSTINO: I would use a new machine that's disconnected from anything else, not on a network, to avoid infecting that machine and then inadvertently infecting other machines. So it is done in what is called a sandbox.
MR. HOWARD: Could you please take a look at 1101, please?
VINCENT D'AGOSTINO: Sure.
MR. HOWARD: Do you recognize this exhibit?
MR. HOWARD: And what is this?
VINCENT D'AGOSTINO: It's a screen capture I took of the contents, or some of the contents of that file that I downloaded.
MR. HOWARD: Did you take this screenshot?
MR. HOWARD: The government offers Government Exhibit 1101.
MR. DRATEL: No objection.
THE COURT: Received.
(Government's Exhibit 1101 received in evidence)
BY MR. HOWARD:
MR. HOWARD: So, Special Agent D'Agostino, can you walk us through what's depicted hire?
VINCENT D'AGOSTINO: So the file itself comes in a container or a compressed package. So rather than having to download hundreds of separate files, what they do is it is compressed into one file called pack#2.rar. Within that file is all the files that you see below. It is actually -- these are just some of them. This is number 1 through D in alphabetical order. So these files are contained within that file that I downloaded.
And they are organized by category. So you'll see different piece of malware that are labeled by their brand name, like Blackshades. You'll see some of these are organized by what they do, like Booters, Botnet, Brute Forcers, Chat Exploits, Anonymity, Admin Page Tools.
MR. HOWARD: Can you just be explain a couple of these? Do you know what a brute forcer is?
VINCENT D'AGOSTINO: Sure. So a brute forcer would be if we're going to obtain someone's file that is password protected and you wanted to gain access to that file, you can brute force attack it with lists of predetermined password combinations. So a program will basically take a file that presumably you are not supposed to have access to and run passwords against it until it figures out what that is.
MR. HOWARD: Here's one right above Brute Force that says Botnet.
VINCENT D'AGOSTINO: Sure.
MR. HOWARD: Do you know what a botnet is?
VINCENT D'AGOSTINO: Yes. A botnet is when your computer gets infected with bot software that turns your computer into essentially a slave, and then a bot master can control that computer and tell it what to do. So it can tell it to attack another computer so that if it were to be investigated all the information would be back to your computer, as opposed to the person who is really behind it who is controlling it from two or three steps removed.
MR. HOWARD: Are you familiar with what Blackshades is?
MR. HOWARD: What is it?
VINCENT D'AGOSTINO: Blackshades is a RAT, which depending on who you ask can stand for remote administration tool or remote access tool. What it was was a hugely popular piece of software that people could download from a website that would -- they could customize and deploy on a victim's machine, which would give them access to their Web camera, their hard drive contents. They could open and close a CD-ROM tray. They could move the mouse around. And that was a very, very popular piece of software for a long time.
MR. HOWARD: Ms. Rosen, could we please slide down to the bottom half of this screen, please.
MR. HOWARD: Here there is one that is he a called DDos, D-D-O-S.
VINCENT D'AGOSTINO: Right.
MR. HOWARD: Do you know what that is?
VINCENT D'AGOSTINO: Yeah. That stands for distributed denial of service attacks. So what that is is there is software contained within that folder that would allow you to attack an IP address or website, let's say, and flood it with traffic to the point where the site will actually go down and be inaccessible.
MR. HOWARD: Now, Ms. Rosen, could we go to the second page of this exhibit, please. And let's zoom in on the bottom half of this screen.
MR. HOWARD: Special Agent D'Agostino, this is just more folders in the same package you downloaded, correct?
VINCENT D'AGOSTINO: Correct. It is the next series in alphabetical order from I guess H to P.
MR. HOWARD: So here there is one called password stealers. Do you know what that contains?
VINCENT D'AGOSTINO: Yes. It is software specifically designed to put on someone's computer so that every time the victim would enter in a username and password, it would collect that data and either send it to a separate file that you would collect later physically, or it could send that file out remotely over the Internet to the owner of the program.
MR. HOWARD: And the last one I'll go over is keyloggers up here, which is highlighted in gray. What is that?
VINCENT D'AGOSTINO: Keyloggers are probably some of the most popular forms of malware. They are what they say they are. They actually record every keystroke on your computer. So as you're operating your machine, you're typing in emails, passwords, business documents, there is a program running in the background that you are unaware of that is copying every letter down and that will send that data to the person who infected your machine to do with what they want.
MR. HOWARD: Now, did you test any of the malware that was included in this hacking pack?
MR. HOWARD: And generally what did you discover?
VINCENT D'AGOSTINO: The software did what it promised to do according to category. Almost all the software in here was -- worked very well in a Windows-based operating system.
MR. HOWARD: To be clear, did you test all of the software or just did you select some of them?
VINCENT D'AGOSTINO: No, I did not test all of it.
MR. HOWARD: Now, focusing on keyloggers, did you test any keylogger?
MR. HOWARD: Was that the program called syslogger?
VINCENT D'AGOSTINO: Correct.
MR. HOWARD: Can you please flip in your binder to what's been marked for identification purposes as Government Exhibit 1102, please?
MR. HOWARD: Do you recognize what this is?
MR. HOWARD: What is this?
VINCENT D'AGOSTINO: It's a screen capture that I took of the syslogger program, the front page when you run that actual program.
MR. HOWARD: Did you take this screenshot?
MR. HOWARD: The government offers Government Exhibit 1102.
MR. DRATEL: No objection.
THE COURT: Received.
(Government's Exhibit 1102 received in evidence)
MR. HOWARD: And could we just zoom in on this window here.
MR. HOWARD: So Special Agent D'Agostino, this is the window that pops up when you open the program?
VINCENT D'AGOSTINO: Correct.
MR. HOWARD: May I approach the witness, your Honor?
THE COURT: You may.
MR. HOWARD: I just handed you what's been marked for identification purposes as Government Exhibit 1103. Do you recognize this exhibit?
VINCENT D'AGOSTINO: I do.
MR. HOWARD: And what is this exhibit?
VINCENT D'AGOSTINO: It's a CD containing a demonstrative video that I created, which also has my initials on the CD.
MR. HOWARD: Would this video aid your testimony today?
VINCENT D'AGOSTINO: Absolutely.
MR. HOWARD: The government offers Government Exhibit 1103 for demonstrative purposes.
MR. DRATEL: No objection, your Honor.
THE COURT: Received.
(Government's Exhibit 1103 received in evidence)
MR. HOWARD: May I approach the witness, your Honor?
THE COURT: You may.
MR. HOWARD: Special Agent D'Agostino, can you just please explain what is being depicted in the video as it is being played?
VINCENT D'AGOSTINO: Sure. So we're starting out on what would be the buyer's machine. It is a clean installation of Windows, and I'm running the keylogger program, which is called "Syslogger Builder."
Can you pause it for a second.
And so when you run the program, after you were to purchase the software, you download it, you execute the file, and this is the page that comes up. And this is what I would call a build a malware screen. So this screen allows you to design your piece of malware to whatever you want it to do. It is very, very customizable.
So on the top right, you can see under "Specifications," the default setting is to send the data over SMTP. What this means is that you are going to put in an email address in here on the top right, and that is where all the stolen data from the victim's machine is going to be sent to.
MR. HOWARD: Are you referring to this part of the window?
VINCENT D'AGOSTINO: That's correct.
THE COURT: What does the word "execute" mean?
VINCENT D'AGOSTINO: Execute is just a fancy word for like running a program. So when you execute that file you are just running it. You just double click on the file.
BY MR. HOWARD:
MR. HOWARD: Do you mind using your laser pointer to point out there the screen you are talking about?
VINCENT D'AGOSTINO: So that is where you would enter in the email address of where -- once this software is installed on victim's machine, that's where it is going to send all of the stolen date to. So I created a fictitious account for demonstrative purposes.
You could hit play.
So that's the Gmail account I created. And what's nice about this interface, it will allow you to test the settings. So you click "test mail," it actually goes through and sends a test email to make sure that you had entered in the password correctly.
So now on the left side here, you can go through and select what you want the program to do. And so there's things like Antis is the first option, Stealers, Delete Cookies, Block anti-virus Sites, Melt, Mutex, Startup.
You can pause it for a second.
And what those allow you to do, like there is also Screen Logger. So you could tell it, for example, you want this software to, once it builds it, to be able to avoid being detected by antivirus software like, you know, Kaspersky or Norton antivirus or BitDefender. So you check that box, which makes the program build in such a way that when it gets sent to the victim's machine, their antivirus will never catch it.
You also have stealers so that will look for anytime a password is entered into a browser to log into Gmail or Yahoo!, that will specifically pull that information out for you.
Block antivirus sites, that will prevent the victim from going to an online antivirus site to clean their machine. So if they begin to suspect something's up, they can go antivirus.com. They run a scan. Only this will actually block certain sites like that from ever appearing.
And then screen loggers. Screen loggers, the program will take an actual screen capture of what your computer's doing at whatever interval you set. So that screen capture will look very much like what you are looking at on that monitor right now.
And, finally, where it says "enable error," here you can customize it so that once it's installed successfully, you can make a message pop up on the victim's machine and say anything you want. The default setting is so that it posts a message saying that the program never installed correctly, thereby giving the victim a false sense of comfort that, oh, whatever this was never actually installed. So for the purposes of this demonstration, I just added in a generic message, I believe.
You can hit play.
So the default error message says the application failed to initialize properly. And I added "please double click and try again," which would cause the person to rerun the malware again to make sure it installed properly. So that's what the message allows you to see, what it would look like. So I clicked "Test Error" and that's what pops up.
Then on the bottom right here, I am setting the interval. I set it extremely low as to alert me every minute. So every minute it is going to send me data that it's stealing. Ideally, you probably wouldn't want it that often but for the purposes of the demonstration.
So then -- pause it for a second.
So once you select the options you want, then you click on build, which is "Build Server," which is that button right there. And then it makes an executable file, a file that's runnable that now does the things that you just set it to do. So I quickly saved the file. I think I called it "badfile" initially. And now the next step is to put it in a package so that I could deliver it to a victim's machine, which you'll see in the next video.
You could hit play, please.
So there's the "bad file" that I created. That's the actual malware.
MR. HOWARD: Special Agent D'Agostino, that was customized with all the features you selected?
VINCENT D'AGOSTINO: Exactly. It will only do the things that I told it to do and nothing more, nothing less based on those features that I selected.
So since nobody would open bad file.exe, I named it cute dogs, because everybody would open cute dogs.exe -- at least I would. What I'm doing now is putting the file in a container much like when I originally downloaded the malware so that it will slip pass Gmail virus scans. There is a lot of different ways to do this. This is the most simple way for purposes of the demonstration. And what this does is this hides what it actually is within a container. So when it's emailed out, most of the time your email will catch simple viruses and malware. By doing it this way it will pass right through.
So now I'm sending the attachment to another created email address up here.
MR. HOWARD: The name of the account is victimuser2626?
MR. HOWARD: You created that account for this demonstration?
VINCENT D'AGOSTINO: Yes, something to entice the person to open it.
MR. HOWARD: So here you're delivering the malware by email. Are there other ways to deliver the malware?
VINCENT D'AGOSTINO: Yes. The most common is via email or through an actual website. But physical access to the machine we're seeing more and more where people will -- you'll have a friend or family member that's, you know, into computers and you'll have him come over to fix something and they'll actually bring a thumb drive and drop the file onto your machine without you knowing. But, still, the most common is by email.
MR. HOWARD: Now you are attaching the malware?
VINCENT D'AGOSTINO: Yes. You attach the file, and it should get through the scan because it's in a compressed format and now it's sent. So there's the sent email confirming it went out.
So now this is the victim's machine. This is another clean installation of Windows 7, 64-bit. The victim then would log on to their Yahoo!
MR. HOWARD: Now, to be clear, the video depicts a different computer?
VINCENT D'AGOSTINO: This is a completely different computer.
So there's the email that was sent by the user of the malware with the irresistible attachment, which will be opened now.
So I'm saving the file to the desk-top, and I am going to open that container.
I am putting in the password that was sent with the file. In a normal circumstance, you wouldn't have password protection on it but.
So now the file is being dragged to the desk-top and the user, the victim, will run the file, or execute the file. So it is just a double click.
And so you'll see the little busy -- you know, the computer's working. But other than that, there is no indication of what's going on.
Then it just sort of, the busy signal, the icon went away, and the user -- the victim is left wondering, you know, what the deal is.
So now the error message pops up, and that lets you know that the malware was actually install successfully. So that is the error message I created in an earlier step, which prompts the user to double click the file, which -- if you want to pause it for a second. One of the neat features about this type of keylogger is it has a melt function. So once it is installed, if you guys noticed, the file actually disappeared; it has been deleted. And that's to remove traces of itself on that machine. So in order for me to rerun it, I actually have to open the container again, extract it again, and rerun it, which I think is what I do here.
You can hit play, please.
MR. HOWARD: Special Agent D'Agostino, melt is of the options that you selected from the control panel, right?
VINCENT D'AGOSTINO: Yes.
So now the user's machine is infected. So from this point forward everything they're doing is being logged. So for the purposes of the video, I attempt to visit several different sites, entering in data, login data, to see if it's actually working. So, again, I'm attempting to log into the victim's Yahoo! account. You'll notice the password was entered in incorrectly the first time and you'll see that in a minute. Spoiler alert. So I'm into the email account.
So now I'm just going to other sites. I think eHarmony was the first site I went to. The second site I went to is Gmail.com, and then I went to Facebook.
Now I'm just doing a Bing search.
MR. HOWARD: What is Bing?
VINCENT D'AGOSTINO: It's a search engine, believe it or not, just like Google. So just generic photos.
So now what I'm going to do is I'm going to switch back over to the malware virus machine. So if things worked well, and I think they did, you're going to see those emails populating the in box with all the data that I preselected to be stolen. So there it is. So you could see initially -- if you want to pause it here -- this is from the moment it was infected, it starts telling you everything that was done. And so since I ran the program -- when you initially run the program, the first thing that comes up is the D'Agostino fake error message. It shows you that there was a Yahoo! message that was being viewed. It tells you what's in the person's -- under their start menu, what programs are installed on their program manager, so WinRAR. And they're right here. The first time I executed -- the second time I opened that file, I had to enter into a password of 1234 and it actually captured that. And it shows you some of the other functions that we are running.
You can hit play now.
So you can see on the right side that these messages were coming in about every minute. This is the first screen grabber, screen capture.
So once it was infected, the first thing it did was it took a screen capture of the desk-top as it appeared. So any icons you would have on your desk-top, now the person who infected your machine would know what folders, what files were there.
You can see here it also is showing you I went to Internet Explorer, I was on the MSN site. No logs yet for that. You could see here I went to Yahoo! login. It logged that. I visited that site.
This would grab what's in your clipboard when you do a copy and paste. I had nothing in there so there is nothing to report.
Here is the second or third screen grab, which is when I went to the Yahoo! site.
And so here -- if you want to pause it for a second -- when I went to -- I jumped from Yahoo!, which is the first entry, then I went to eHarmony, and then I entered in my credentials for eHarmony so it was victimuser2626. I hit the tab button, which actually logs the keystroke with the tab button, and then I wrote "this is my" messed up the spelling and I actually hit backspace, which records that, and "password." So I was attempting to write in "this is my password," and it captured not only "this is my password" but me backspacing when I hit the wrong button.
MR. HOWARD: To be clear, by "credentials," you mean username and password, correct?
VINCENT D'AGOSTINO: Yes.
Hit play, please.
So here's another screen capture of the Yahoo! page after I logged in successfully.
So here's when I went to the Gmail site and typed in my username and password, which also captured right over here.
What is effective about keyloggers like this is that if the person were to change their password on their machine, no matter how many times they did it, the purchaser of the software would always know the new password because they would receive these updates continuously.
Here's the screen grab from the family photos Bing search that I did, which captured everything that was on the screen at the time.
I think that's it.
MR. HOWARD: Thank you.
MR. HOWARD: No further questions.
THE COURT: All right. Thank you.
Mr. Dratel.
MR. DRATEL: One moment, your Honor.
CROSS-EXAMINATION BY MR. DRATEL:
MR. DRATEL: Special Agent D'Agostino, when did you create the video?
VINCENT D'AGOSTINO: Within the last week or so.
MR. DRATEL: Nothing further, your Honor.
THE COURT: All right. Thank you.
You may step down, sir.
(Witness excused)
MR. HOWARD: The government calls Mr. Ilhwan Yum.
THE COURT: Why don't we get Mr. Yum onto the stand, but why don't we take our mid-morning break just before we have Mr. Yum come in. So even though we've only been going for an hour and then we'll go until lunch.
So, ladies and gentlemen, I want to remind you to continue not to talk to each other or anybody else about this case. Thank you very much.
And if you are using -- one more thing. If you are using these breaks as an opportunity to check media or read the newspaper or anything like that, I want to make sure I remind you to avoid looking at any media. If you see anything that is an article or otherwise references this case, you are to turn your eyes away. Do not read it.
All right. Thank you.
COURT CLERK: All rise as the jury leaves.
(Continued on next page)
(Jury not present)
THE COURT: All right. Is there anything that you folks would like to go over before we take our own break?
MR. HOWARD: Not from the government, your Honor.
MR. DRATEL: No, your Honor.
THE COURT: All right. So let's just try to cabin it, Joe, just sort of make it like a 7- or 10-minute break, Joe, if that possible.
(the Court conferred with the Deputy Clerk)
THE COURT: About ten minutes. Thank you.
COURT CLERK: All rise.
(Recess)
(Continued on next page)
(In open court; jury present)
THE COURT: We have called Mr. Yum to come to the stand.
Swear the witness.
(Witness sworn)
THE COURT: Mr. Yum. Please be seated, sir. And it will be important for you to adjust your chair and microphone and speak clearly and directly into the mic.
Mr. Howard.
MR. HOWARD: Thank you.
ILHWAN YUM, called as a witness by the Government, having been duly sworn, testified as follows: