On Sun, 17 Jul 2011 20:10:15 -0700, Jeff Liebermann wrote:
> Only the paranoid survive.
What could the Kostolnik's have done to PREVENT access to all their
computers?
Here is the sentencing memo with more detail:
http://www.wired.com/images_blogs/th...encingmemo.pdf
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No. 10-159
(DWF/FLN)
.... (indicates lots of stuff deleted to fit posting size limits) ...
In or about February 2009, Ardolf illegally gained access to the
Kostolniks・ wireless router. To do so, he circumvented the router・s
encryption by using password-cracking software called ：aircrack.； It took
Ardolf at least two weeks to complete the hack, first identifying the
Kostolniks・ router out of the many in the neighborhood and then launching a
series of attacks on the router designed to break its encryption password.
With access to the Kostolniks・ router, Ardolf was able to communicate with
the Internet through the router, using the Kostolniks・ Qwest Internet
account, in a way that the communications would trace back to the
Kostolniks. Ardolf was also able to access all of the Kostolniks・ computers
that were connected to the router. This was part of Ardolf・s scheme to
destroy Matt Kostolnik both personally and professionally.
.... From an analysis of the router・s
logs, the investigator concluded that a device unknown to the Kostolniks
had connected to the router. ...
To attempt to determine the source of any future unauthorized use of the
router, the Kostolniks agreed to allow the investigator to connect a
：packet capturing； device to their router, which would keep a record of all
data (transmitted in units called ：packets；) that passed through the
router.
G. April and May 2009 Email Threats to the Vice President
In April 2009, the Secret Service visited Matt Kostolnik at his workplace
after an email containing a death threat was sent on April 1, 2009 to the
Vice President of the United States from a yahoo.com email address in the
name of both Matt and Bethany Kostolnik
(：matt_bethany_kostolnik_2009@yahoo.com；). ...
The subject line of the email read: ：This is a terrorist threat! ....
After the May 6, 2009 email was sent to the Vice President and other public
officials, investigator Johnson reviewed the ：packet capture； data from
around the time the email was sent. Searching through the activity
surrounding the day the threat email was sent to the Vice President,
Ardolf・s name and Comcast account were visible on the data pulled from the
Kostolniks・ router. The text of the threat email was also contained in the
：packet capture； data, and a review of the data also revealed that the same
computer that transmitted the data containing Ardolf・s name and Comcast
account also sent the threat email.
The ：packet capture； data was provided to SA Robert Cameron of the FBI・s
Cyber Crime Task Force. Agent Cameron analyzed the data and also learned,
by way of grand jury subpoena, that Ardolf had Comcast Internet service.
With this information, combined with other evidence developed during his
investigation, Agent Cameron obtained a warrant to search Ardolf・s
residence. The search occurred July 21, 2009. During the search,
investigators found numerous computers, electronic storage media, manuals
on hacking, notes related to Ardolf・s cracking of the encryption key for
the Kostolniks・ wireless router (essentially the password for accessing the
router), as well as open pieces of the Kostolniks・ mail under Ardolf・s bed.
See Govt. Tr. Exs. 102-108, 110-121, 123-134, 136-142 and 145.
Examination of the computers and electronic storage devices revealed that
Ardolf kept detailed notes on the hacking of the Kostolniks・ router and
computers, as well as notes on the various emails he sent to Matt
Kostolnik・s coworkers and to the Vice President. ...For example,
on a thumb drive located in Ardolf・s bedroom during the July 21, 2009
search warrant execution, Agent Cameron located a text file entitled ：I bet
my co2.txt； containing (1) the identifying number and encryption key to the
Kostolniks・ router; (2) the text of the February 22, 2009 email from
：mattkostolnik@yahoo.com； to
YoungP@moss-barnett.com;
(3) the email addresses and telephone numbers at Moss & Barnett forDave
Senger, Brenda Murphy, Philip Young, Joseph Maternowski and Anthony
Dorland; (4) the password and security question answer for the
：mattkostolnik@yahoo.com； email account; (5) the text of the ：About Me；
section of the false MySpace page set up in Matt Kostolnik・s name; and (6)
the password and security question answer for the false MySpace page. See
Govt. Tr. Ex. 3. Similarly, Agent Cameron located a text file on the thumb
drive entitled ：Alamo MATT all stuff.txt； containing passwords for several
other yahoo.com accounts Ardolf had created in Matt Kostolnik・s name. See
Govt. Tr. Ex. 4.
Agent Cameron also found a file entitled ：March 6.txt； on the thumb drive
in Ardolf・s bedroom, which contained (1) the password and security question
and answer for ：MarySill2008@gmail.com,； (2) the name, phone number and
city of residence of Mary Sill, (3) the names, telephone numbers and email
addresses of Anthony Dorland and Joseph Maternowski, and (4) text of the
March 8, 2009 email from ：marysill2008@gmail.com； to Dorland and
Maternowksi. See Govt. Tr. Ex. 37.
Finally, Agent Cameron found the text file ：matts-nics-2.txt； on the thumb
drive in Ardolf・s bedroom containing (1) the password and security question
answer for the yahoo.com email account used to send the threat emails to
the Vice President and other public officials
(：matt_bethany_kostolnik_2009@yahoo.com；), (2) email addresses of
recipients of threat emails, and (3) the text of the May 6, 2009 email from
：matt_bethany_kostolnik_2009@yahoo.com； to
vice.president@whitehouse.gov
(with the same misspelling as in the email received by the Vice President).
See Govt. Tr. Ex. 45.
In addition, FBI forensic examiners located the child ****ography images
Ardolf had sent to Matt Kostolnik・s coworker and posted on the MySpace page
on several computers and electronic storage devices found in Ardolf・s
bedroom. See Govt. Tr. Exs. 6-10, 13-19 and 22-26.
I. Manuals for Hacking Wep-encrypted Wireless Routers Foundin Ardolf・s
Cubicle at Medtronic
Up until his termination in June of 2010, Ardolf worked at Medtronic as a
neuromodulation device repair technician. When he was terminated, a
supervisor cleaned out his work space and found 25 printed pages containing
articles relating to hacking into WEP-encrypted wireless routers. See Govt.
Tr. Exs. 60 (Manual entitled ：Cracking WEP Using Backtrack: A Beginner・s
Guide；); 62 (Manual entitled ：Tutorial: Simple WEP Crack [Aircrack-ng]；);
64 (Printed on-line articles related to Back Track 3, including manual
entitled ：Cracking WEP with BackTrack 3 -Step by Step instructions；); and
66 (Manual entitled ：Tutorial: Cracking WEP Using Backtrack 3；). One of the
manuals had Ardolf・s handwriting on it (Govt. Tr. Ex. 66), and another had
the unique identifying ID for the Kostolniks・ router typed into it (Govt.
Tr. Ex. 64). Electronic versions of all theses manuals were also found on
Ardolf・s computers seized during the search of his residence. See Govt. Tr.
Exs. 61, 63, 65 and 67.
J. Other Harassment of the Kostolniks
In addition to finding evidence of the February and March emails sent to
Moss & Barnett employees, the false MySpace page, and the threat emails to
the Vice President and the other public officials, during the course of
examination of the computers and other electronic storage media seized from
Ardolf・s residence, Agent Cameron identified a number of files related to
other harassment of the Kostolniks.
1. ：BethanyKostolnik； Text File Found on Ardolf・sThumb Drive
Ardolf kept a text file entitled ：BethanyKostolnik； on his thumb drive,
which was recovered during the search of Ardolf・s bedroom. See Govt. Tr.
Ex. 76. The file contained Bethany Kostolnik・s contact information at work,
including her email address. Below the website address for Bethany
Kostolnik・s
employer, Ardolf wrote the following note:
Use the above page and send bad emails from Matt to
Beth[．s] co-workers.
This will kill her carear [sic].
See Govt. Tr. Ex. 76-4. The text file contained the draft of an
email to be sent to Bethany Kostolnik from a fictitious woman
alleging an affair with Kostolnik. The draft email read:
I know your husband Matt, he is a lawyer of course. [W]ehad sex just before
you had your baby this past fall. Iwanted to let you know I・m sorry but
Matt and I have beenhaving an afair [sic] behind your back. I have asked
himto divorce you but he is afraid of loosing [sic] to [sic]much to you in
a divorce. . .
noone@noplace.com
See Govt. Tr. Ex. 76-4. In addition, the text file contained the
draft of an email dated March 6, 2009, to be sent to ：kill；
Bethany・s career:
I had a bit of a situation with my realtor bethanykostolnik. She suggested
she would satisfy myneeds if I bought a house from her. She was
suggestingsomething inappropriate and she knew it. I don・t thinkEdina
Realty would want to keep an employee like her. Iknow the housing business
is in a slump but Beth has gonetoo far. I・m to [sic] embarrassed to use my
real name andI・m not going to give Edina Realty my business anylonger!
Id.
2. July 6, 2009 Email Threat to Bethany Kostolnik From：Liz Sharpen；
On July 6, 2009, Ardolf sent an email to Bethany Kostolnik
through her employer Edina Realty・s website. The falsely-created email
account from fictitious ：Liz Sharpen； had as its subject
：Inquiries.； The text of the email provided the following threat:
I know your husband Matt[,] and I・m going to get him!He・s going to pay for
getting me pregnant. Hell, healready has 3 kids with you. I don・t blame him
for asking me to have an abortion. He goes out at night buthe isn・t alwasy
[sic] doing what you think he・s doing!
See Govt. Tr. Ex. 75.
3. Text file found ：Matt P Kostolnik Phone Number and Relatives；
Ardolf kept a text file titled ：Matt P Kostolnik Phone Number and
Relatives； on his thumb drive, which was recovered during the July 21, 2009
search. See Govt. Tr. Ex. 73. The file contained Kostolnik・s personal
contact information, including information about Kostolnik・s relatives.
4. July 6, 2009 Email Threat to Matt Kostolnik From：noone@noplace.com；
On July 6, 2009, Matt Kostolnik received an email through the legal website
FindLaw from ：noone@noplace.com.； The text of the email contained the
following threat:
I know where you and your family live[,] and I・m going to
get you back for sueing [sic] us. See Govt. Tr. Ex. 74.
On the text file ：Alamo MATT all stuff.txt,； Ardolf had saved the following
links: ：
http://pview.findlaw.com/view/3352002_1?noconfirm=；
：
http://pview.findlaw.com/cmd/emailVi...02_1&which=0； If typed
into an Internet browser, these links bring up, respectively, Matt
Kostolnik・s Findlaw Moss & Barnett web page and a form to send email
through FindLaw to Matt Kostolnik at Moss & Barnett. See Govt. Tr. Exs. 78
and 79.
K. Ardolf・s Hacking and Harassment of His Former Neighbors
During the course of examination of the computers seized from Ardolf・s
residence, FBI Agent Cameron identified a file titled ：**** me hard 425.；
The file contained the Social Security account numbers, dates of birth, and
the home address for Karl A. Carstens, Nannette Carstens, and their minor
children. Ardolf resided across the street from the Carstens in Brooklyn
Park until mid-2008.
Agent Cameron stopped the search and contacted the Carstens to confirm that
they did not authorize anyone to have their Social Security numbers. The
Carstens also informed Agent Cameron that they had received a threatening
message in their mail box in March 2009 consisting of a one-page, color
print-out of their ：TurboTax； return with personal identification
information and several skull images. That letter threatened: ：I told you
about a year ago that you should be very afraid. I can destroy you at will,
you sorry *** excuse for a human.； See Govt. Tr. Ex. 85. The Carstens had
reported the letter to the Brooklyn Park Police Department.
Ardolf had lived across the street from the Carstens in Brooklyn Park for
several years before Ardolf moved to Blaine. Ardolf often complained to the
Carstens about the personal care attendants (PCAs) who cared for the
Carstens・ twin daughters, both of whom are disabled. Ardolf was upset that
they parked in front of his home. At one point, Ardolf demanded the full
names and telephone numbers of all of the PCAs that worked at the Carstens・
residence, but the Carstens declined to provide that information. Over the
years, the PCAs・ vehicles were vandalized; mirrors were broken and maple
syrup was poured onto them. The vandalism, however, was never witnessed or
definitively connected back to Ardolf.
Based on his investigation and belief that Ardolf had the technical
expertise to be able to hack into the Carstens・ computer account, Agent
Cameron submitted an affidavit in April 2010 for a search warrant
authorizing him to examine Ardolf・s computers for evidence of other crimes
against the Carstens.
After the search was authorized, Agent Cameron recovered evidence of other
crimes, wrongs, or acts by Ardolf against his former neighbors. This
evidence includes (1) a threatening letter mailed by Ardolf to the
Carstens; (2) a number of text files containing personal identification and
financial information of the Carstens found on a thumb drive recovered from
Ardolf・s bedroom in a folder labeled ：HackHimBad;； (3) images of the
Carstens・ payment by personal check of billing invoices to Discover Card
and CenterPoint Energy, which Ardolf had scanned and saved onto a CD; and
(4) Girl Scout Troop materials for the Carstens・ daughters. See Govt. Tr.
Exs. 85-91, 124.
Significantly, the second threatening letter to the Carstens was sent in
March of 2009 - approximately nine months after Ardolf had moved to his new
house in Blaine - showing how long Ardolf maintained his anger and
continued exacting revenge.
III. Procedural History
A. Ardolf Agrees to Plead Guilty in June of 2010, ThenChanges His Mind
In the spring of 2010, after law enforcement had a chance to review the
large amounts of data seized from Ardolf・s residence, definitively
connecting Ardolf to the crimes in this case, the prosecutor and case agent
met with Ardolf and his attorney to show them an overview of the evidence.
After that meeting, the defendant agreed to plead guilty, and a plea
hearing was scheduled for Tuesday, June 15, 2010.
The Friday before the plea hearing, Ardolf・s lawyer contacted the
prosecutor, indicating that he had been fired, that Ardolf had retained
another attorney, and that Ardolf was going to withdraw from his agreement
to plead guilty. On June 15, 2010, an initial appearance was held on the
information filed in this case. The Court released Ardolf, subject to a
number of conditions, including that he abstain from the use of all
computers and Internet-enabled devices, that all computers and
Internet-enabled devices be removed from his home, and that Ardolf advise
all occupants of the home of the conditions.
B. Ardolf Violates His Conditions of Release
On June 23, 2010, a federal grand jury returned an indictment charging the
defendant with one count of unauthorized access to a protected computer, in
violation of 18 U.S.C. ￣ 1030, two counts of aggravated identity theft, in
violation of 18 U.S.C. ￣ 1028A, one count of threats to the President and
successors to the Presidency, in violation of 18 U.S.C. ￣ 871, one count of
possession of child ****ography, in violation of 18 U.S.C. ￣ 2252(a)(4)(B),
and count of distribution of child ****ography, in violation of 18 U.S.C. ￣
2252(a)(1).
On July 8, 2010, the United States moved to revoke Ardolf's release. At a
hearing on the United States' motion, the government presented evidence
that Pretrial Services Officers Lisa Martinetto, Tim Norgren and David
Drake located a laptop computer in defendant・s residence. The computer was
found in the doorway of defendant・s daughter・s bedroom, which bedroom was
located directly across from defendant・s bedroom; the computer was visible
to Officer Martinetto when she stood in the doorway of defendant・s bedroom.
When questioned by Officer Martinetto about the laptop, defendant admitted
he knew it was a violation of his release conditions.
Officer Martinetto testified that she had advised defendant at the
inception of his supervision that he was required under the terms of his
supervision to advise any children living in his residence that no
computers were permitted in the residence. At the hearing on this matter
defendant・s daughter, K.A., testified that the laptop computer found in
defendant・s house belonged to her, that it had been there for more than a
week, and that she had not been advised by her father that neither she nor
anyone else could have a computer in the residence under the terms of his
pretrial release conditions. K.A. further testified that she had seen her
father using a computer in the house several times after June 15, 2010 (the
date the conditions of release were imposed on defendant in this case), and
that she had also seen him using a wireless Internet connection using a
laptop at a Border・s Bookstore after June 15.
Magistrate Judge Noel granted the government's motion to revoke Ardolf's
release, and he was taken into custody on July 9, 2010.
C. Ardolf Lies at the Suppression Hearing
At a motions hearing held on July 28, 2010, the defendant argued that his
statement to law enforcement should be suppressed. Defendant testified at
the hearing, claiming he asked to leave his
house twice during his interview, but was not allowed to go. Magistrate
Judge Noel found that Ardolf lied during his testimony:
Both [the FBI and Secret Service] agents [who interviewedArdolf] also
testified that the Defendant never askedthem for permission to leave to
pick up his son until theconclusion of the Defendant・s interview with
[SecretService Special Agent] Humbert. Both agents furthertestified that
when the Defendant asked to leave to pickup his son, he was granted
permission to do so and did infact leave the premises. The Defendant, in
contrast,testified that he repeatedly asked to leave to pick uphis son and
was ignored. The Court finds that the Defendant・s testimony in this regard
is not credible. TheCourt expressly finds that the Defendant was told that
hewas free to leave.
August 13, 2010 Report and Recommendation, Dkt. 46, at 27.
D. Ardolf Pleads Guilty Three Days into Trial
On December 17, 2010, three days into a jury trial in this case, defendant
Barry Ardolf entered pleas of guilty to all counts with which he was
charged, admitting under oath to all of the allegations in the indictment
and providing a detailed factual basis for each charge. Defendant decided
to plead guilty after the jury had been selected and after the government
had given its opening statement, called thirteen witnesses, admitted nearly
70 exhibits, and was prepared to present a full day of testimony (including
that of the victims). Prior to taking defendant・s plea, the Court engaged
in a thorough examination of the defendant to ensure that his plea was
knowing, voluntary and intelligent. See Transcript of December 17, 2010
Change of Plea Hearing, at 5 - 40.
E. Ardolf Tries to Withdraw His Guilty Plea
On March 18, 2011, Ardolf moved to withdraw his guilty plea, claiming that
he had been coerced into entering the plea. He also claimed that he had
lied at the change of plea hearing and that he did not commit the criminal
acts to which he had pleaded guilty. He also indicated that, if given an
opportunity for a ：do over； trial, he would use defenses such as: (1)
suggesting he was ：framed； by the victims in this case (see Defendant・s
Memorandum in Support of his Motion to Withdraw (Dkt. 86) at 13) and (2)
trying to show that the previous neighbors he hacked and terrorized had not
obtained a permit for remodeling their basement and were ：thus unreliable
citizens； (id. at 14).
After a full briefing and a hearing at which both defendant and his
stand-by counsel were heard, the Court denied defendant・s motion to
withdraw on May 19, 2011. Dkt. 94.
F. In Letters Sent from Jail, Ardolf Coaches His Son's TrialTestimony,
Tells Relatives What to Write (and to Conceal)in Letters to the Court, and
Disparages the Victims
In a November 1, 2010 letter from Ardolf to his son, T.A., he provided T.A.
with a script of 48 questions he will be asked at trial, as well as the 48
answers he expected T.A. to give. In addition, Ardolf coached T.A. as to
how he should testify at trial concerning the incident between Ardolf and
the Kostolnik・s 4-year old son:
You have to confirm that you watched [W.K.] and your
father, and that no kiss occurred. If you don・t I will
likely go to prison. . . .
Tell the court you saw the whole thing and that nothinginnapropriet [sic]
occurred. I don't know if you watchMr. Kostolnik come over the next day,
but if you did,keep to my story.
After Ardolf pleaded guilty, he coached his children and his
sister as to how to write letters to the Court in connection with
his sentencing. In a January 25, 2011 letter to his minor
daughter, K.A., Ardolf he tells her how to write her letter:
I suggest some wording about how you will figuratively bean orphan and tell
him you are crying about not having methere for you. You have about a month
to write this letter. I figure you can write it, mail it to me so Ican add
suggestions and we can mail it back and forth afew times to make it as good
as it can be. This is for you and Taylor to do so I get a letter from each
of you.You can cry about how you lost mom, now you are loosing[sic] Dad.
The better the letter, the smaller jail timethe judge gives me.
Similarly, in a Janaury 6, 2011 letter to his son, T.A., Ardolf
tells him to contact Ardolf・s sister Sheri Anderson, who will be
writing a letter to the Court in connection with his sentencing:
[T]ell Sheri, do not say anything bad about my life. Tellher the gov only
needs my adult life history.Specifically, tell Sheri to say nothing at all
about mychildhood life, except our parents were divorced but weall enjoyed
our childhood. Tell Sheri this report willstay with me all my life so don・t
say anything like Iskipped school all the time or **** like that.
Ardolf also writes in the same letter to T.A. that, in order to get
their computers back, Ardolf will lie to the Court at sentencing,
saying that ：there are pictures on there of mom which are one of a kind. I
may say anything I can think of to get the judge to give back everything.；
Finally, in multiple letters - to family, friends, and even a newspaper
reporter - Ardolf disparages the victims in this case, repeatedly blaming
them for his situation and sometimes claiming he was ：framed； by them. For
example, in a letter from April of 2011, Ardolf writes that, if the Court
grants his motion to withdraw his guilty plea, he is going to sue the
Kostolniks. In other letters, he promises to ：expose； the victims or
otherwise make them look bad in court.
IV. The Appropriate Sentence in Light of 18 U.S.C. ￣ 3553(a)
In addition to determining defendant・s Sentencing Guideline range, 18
U.S.C. ￣ 3553(a)(4), this Court is required to assess the other applicable
sentencing factors under Section 3553(a) of federal sentencing law. Those
factors include the nature and circumstances of the offense; the history
and characteristics of the defendant; the need for the sentence imposed to
reflect the seriousness of the offense, to promote respect for the law, to
provide just punishment for the offense, to afford adequate deterrence to
criminal conduct, and to protect the public from further crimes of the
defendant; the need to avoid unwarranted sentencing disparities; and the
need to provide restitution to victims. See 18 U.S.C. ￣ 3553(a).
In this case, considering all the appropriate factors, the government
respectfully submits that a sentence of 293 months is appropriate for
Ardolf. Such a sentence would be sufficient but not greater than necessary
to accomplish federal sentencing goals in this case.
First, serious punishment is called for by the nature and circumstance of
defendant・s offenses and the need for the sentence to reflect the
seriousness of the harm caused by defendant. There are real victims here.
To vent his anger, defendant engaged an extensive and cruel campaign to
terrorize the Kostolniks, which the defendant・s own notes show was
calculated to destroy the Kostolniks・ reputations, careers, and marriage.
Ardolf dedicated countless hours to his scheme, starting in or before
November of 2008 and continuing into the summer of 2009, hiding behind his
computer keyboard as he struck repeatedly at the victims. It is hard to
image the emotional trauma inflicted on the Kostolniks over the months as
each new email was uncovered, living under a cloud of suspicion and
enduring uncomfortable meetings with law firm management and workplace
visits from the Secret Service. Moreover, Ardolf perpetrated a similar
campaign of terror against his previous neighbors. Ardolf hacked their
wireless router and stole personal identity and financial information and
threatened to cause them significant harm, sending his last threatening
letter many months after he had moved to a new residence. But for the
aggressive law enforcement in this case (and the expenditure of significant
resources to uncover it), they might never have known that it was Ardolf
had caused them harm.
Second, a lengthy sentence is called for to promote respect for the law, to
provide just punishment, to afford adequate deterrence, and to protect the
public from further crimes of defendant. Not only has defendant failed to
accept responsibility for his conduct in the instant offenses, his
post-plea actions also show no regard for the law. After entering his
guilty plea, defendant attempted to withdraw it for a ：do over； trial. He
sent letters to friends and family members to tell them what they could and
could not tell this Court for purposes of sentencing. And, repeatedly,
defendant has attempted to portray himself as a ：victim.； Indeed, even when
given a chance to write an ：Acceptance of Responsibility Statement,； with
the guidance of his attorney, and with the opportunity to consider every
word, he still attributes his actions to the fact that he felt
：victimized.；
Moreover, throughout this case, Ardolf has shown his complete lack of
respect for the law. In addition to the depraved criminal acts that form
the basis of the charges against him, he also has shown utter disregard for
this Court and the rule of law since he was charged in this case. Indeed,
he blatantly violated his conditions of pretrial release, he lied at the
suppression hearing, he attempted to influence witnesses in their testimony
at trial or in writing letters to the Court, and he lied again in
connection with his motion to withdraw his guilty plea. For Barry Ardolf,
in particular, a lengthy sentence is appropriate to promote adequate
respect for the law.
Finally, and perhaps most important, a lengthy sentence is necessary to
protect the public against further crimes by the defendant. Barry Ardolf is
a dangerous man. As he has amply demonstrated, he uses his technical skills
both to cause harm and to avoid getting caught. Based on his actions, there
is every reason to believe that when Barry Ardolf is released from prison
at the end of his term of commitment, he will do something like this again
to someone else who has angered him, only this time he will be even more
careful. The only way to prevent that is to incarcerate the defendant for a
very long time.
At every turn, the defendant has chosen not to accept responsibility for
his actions and to obstruct justice. This Court has had a firsthand
opportunity to see defendant・s dangerousness, lack of remorse, and
disregard for the law. A lengthy sentence is needed to prevent the
defendant from engaging in any further harm.
CONCLUSION
Defendant is dangerous. Defendant is remorseless. The crimes he committed
caused serious harm to the victims. Just punishment calls for a sentence
commensurate with the defendant・s conduct. In light of all of the guideline
factors in this case, the government
respectfully requests that the Court sentence defendant Barry
Vincent Ardolf to a sentence of 293 month in prison.
Dated: July 8, 2011 Respectfully submitted,
B. TODD JONESUnited States Attorney
s/Timothy C. Rank
BY: TIMOTHY C. RANK Assistant U.S. Attorney
LAURA M. PROVINZINO Assistant U.S. Attorney
Packet sniffing wi-Fi-hacking neighbor ( 
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