OLGA R. RODRIGUEZ, Associated Press

40 mins ago

The Phillip Burton Federal Building and U.S. Courthouse, where the federal trial of David DePape is underway, is pictured in San Francisco, on Monday, Nov. 13, 2023. Prosecutors say DePape broke into former House Speaker Nancy Pelosi’s home and bludgeoned her husband Paul Pelosi with a hammer in October 2022. (AP Photo/Noah Berger)

SAN FRANCISCO (AP) — Prosecutors brought forward a string of law enforcement officials Monday to provide context around video that’s at the crux of their case against David DePape, the man accused of attacking former House Speaker Nancy Pelosi’s husband at the couple’s San Francisco home last year.

DePape has pleaded not guilty to attempted kidnapping of a federal official and assault on the immediate family member of a federal official with intent to retaliate against the official for performance of their duties. Prosecutors say DePape bludgeoned Paul Pelosi with a hammer in the early hours of Oct. 28, 2022, just days before that year’s midterm elections.

Federal prosecutors quickly moved through their witness list on the trial’s second day, bringing forward an FBI agent who collected the electronics DePape was carrying, a U.S. Capitol police officer who watches the surveillance cameras at the Pelosis’ home and another who has protected Nancy Pelosi since 2006, and a Bay Area Rapid Transit police sergeant.

Paul Pelosi was also expected to testify.

Some of the witnesses helped verify time stamps on footage from surveillance cameras at the Pelosis’ home, which are set to Eastern Time, and on BART trains, which were an hour behind Pacific Time.

Defense attorney Jodi Linker told jurors last week that she won’t dispute that DePape attacked Paul Pelosi in an encounter caught on police body camera video. Instead, she will argue that he believed “with every ounce of his being″ that he was taking action to stop government corruption and the abuse of children by politicians and actors. She said that means the government’s charges that DePape was trying to retaliate or interfere with Nancy Pelosi’s official duties don’t fit.

Federal prosecutor Laura Vartain Horn told jurors during opening statements Thursday that DePape started planning the attack in August and that the evidence and FBI testimony will show he researched his targets online, collecting phone numbers and addresses, even paying for a public records service to find information about Nancy Pelosi and others.

If convicted, DePape faces life in prison. He also has pleaded not guilty to charges in state court of attempted murder, assault with a deadly weapon, elder abuse, residential burglary and other felonies. A state trial has not been scheduled.

Federal prosecutors say DePape smashed his shoulder through a glass panel on a door in the back of the Pelosis’ Pacific Heights mansion and confronted a sleeping Paul Pelosi, who was wearing boxer shorts and a pajama top.

“Where’s Nancy? Where’s Nancy?” DePape asked, standing over Paul Pelosi around 2 a.m. holding a hammer and zip ties, according to court records. Nancy Pelosi was in Washington and under the protection of her security detail, which does not extend to family members.

Paul Pelosi called 911 and two police officers showed up and witnessed DePape strike him in the head with a hammer, knocking him unconscious, court records showed.

Nancy Pelosi’s husband of 60 years later underwent surgery to repair a skull fracture and injuries to his right arm and hands.

After his arrest, DePape, 43, allegedly told a San Francisco detective that he wanted to hold Nancy Pelosi hostage. He said if she told him the truth, he would let her go and if she lied, he was going to “break her kneecaps” to show other members of Congress there were “consequences to actions,” according to prosecutors.

DePape, who lived in a garage in the Bay Area city of Richmond and had been doing odd carpentry jobs to support himself, allegedly told authorities he had other targets, including a women’s and queer studies professor, California Gov. Gavin Newsom, actor Tom Hanks and President Joe Biden’s son Hunter.

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San Francisco— FBI San Francisco is warning the public of a new scam dubbed “The Phantom Hacker.” Scammers are impersonating technology, banking, and government officials in a complex ruse to convince a typically older victim that foreign hackers have infiltrated their financial account. The scammers then instruct the victim to immediately move their money to an alleged U.S. Government account to “protect” their assets. In reality, there was never any foreign hacker, and the money is now fully controlled by the scammers. Some victims are losing their entire life savings.

“These scammers are cold and calculated. They are targeting older members of our community who are particularly mindful of potential risks to their nest eggs. The criminals are using the victims’ own attentiveness against them,” said Special Agent in Charge John S. Morales. “By educating the public about this alarming new scam, we hope to get ahead of these scammers and prevent any further victimization.”

“The Phantom Hacker” Scam: How It Works

The FBI has observed repeated behavior by criminals involved in “The Phantom Hacker” scam. The ruse is often perpetrated in three major steps:

Step 1 – Tech Support Imposter

In the first step, a scammer posing as a customer support representative from a legitimate technology company initiates contact with the victim through a phone call, text, email, or a pop-up window on their computer and instructs the victim to call a number for “assistance.”

Once the victim calls the phone number, a scammer directs the victim to download a software program allowing the scammer remote access to the victim’s computer. The scammer pretends to run a virus scan on the victim’s computer and falsely claims the victim’s computer either has been or is at risk of being hacked.

Next, the scammer requests the victim open their financial accounts to determine whether there have been any unauthorized charges – a tactic to allow the scammer to determine which financial account is most lucrative for targeting. The scammer informs the victim they will receive a call from that financial institution’s fraud department with further instructions.

Step 2 – Financial Institution Imposter

In the second step, a scammer, posing as a representative of the financial institution mentioned above, such as a bank or a brokerage firm, contacts the victim. The scammer falsely informs the victim their computer and financial accounts have been accessed by a foreign hacker and the victim must move their money to a “safe” third-party account, such as an account with the Federal Reserve or another U.S. Government agency.

The victim is directed to transfer money via a wire transfer, cash, or wire conversion to cryptocurrency, often directly to overseas recipients. The victim is also told not to inform anyone of the real reason they are moving their money. The scammer may instruct the victim to send multiple transactions over a span of days or months.

Step 3 – U.S. Government Imposter

In the third step, the victim may be contacted by a scammer posing as the Federal Reserve or another U.S. Government agency. If the victim becomes suspicious, the scammer may send an email or a letter on what appears to be official U.S. Government letterhead to legitimize the scam. The scammer will continue to emphasize the victim’s funds are “unsafe” and they must be moved to a new “alias” account for protection until the victim concedes.

Victims often suffer the loss of entire banking, savings, retirement, and investment accounts under the guise of “protecting” their assets.

Tips to Protect Yourself

The FBI recommends that the public take the following steps to protect themselves from “The Phantom Hacker” scam:

• Do not click on unsolicited pop-ups, links sent via text messages, email links, or attachments.
• Do not contact the telephone number provided in a pop-up, text, or email.
• Do not download software at the request of an unknown individual who contacted you.
• Do not allow an unknown individual who contacted you to have control of your computer.
• The U.S. Government will never request you send money to them via wire transfer, cryptocurrency, or gift/prepaid cards.

Reporting Suspected Fraud

The FBI requests victims report these fraudulent or suspicious activities to the FBI Internet Crime Complaint Center (IC3) at www.ic3.gov. Be sure to include as much information as possible, such as:

• The name of the person or company that contacted you.
• Methods of communication used, to include websites, emails, and telephone numbers.
• The bank account number where the funds were wired to and the recipient’s name(s).

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SAN FRANCISCO – FBI San Francisco is announcing an awareness campaign to warn the private industry of increased malicious cyber intrusions into organizations of all sizes. The San Francisco Bay Area, including Silicon Valley, remains a target-rich environment for cyberattacks. The FBI encourages organizations to establish proactive relationships with their local FBI field office.

The awareness campaign will last from June 1 to September 2, 2022, and will include media appearances, a social media campaign, and presentations to local industry groups. The FBI will also participate in the 2022 RSA Conference from June 6 to June 9, 2022, at the Moscone Center in San Francisco, California. FBI employees will have a booth on the expo floor and will speak on various panels about emerging and persistent cybersecurity threats.

“The FBI can provide companies with near real-time intelligence, threat trends, and actionable guidance to strengthen a company’s defenses against cybersecurity attacks,” said FBI San Francisco Special Agent in Charge Sean Ragan. “When a cybersecurity incident does occur, the FBI can respond quickly and effectively to investigate the attack, identify the criminal actors, and help companies mitigate the damage of the intrusion. Cyber ​​risk is business risk, and cyber security is national security. We all need to work together to strengthen our country’s cyber defenses.”

Recent Trends in Malicious Cyber ​​Activity

FBI San Francisco has seen recent increases in the following types of cyber intrusions:

• Ransomware: The FBI has seen criminal ransomware groups cause more destruction and demand larger ransoms in recent years. In some cases, when a company pays a ransom, the criminal group targets the company again a few months later. The FBI has also seen ransomware groups operate on a franchise model, where the criminals who create the ransomware variants are willing to sell the code to less-sophisticated cybercriminals for an easy profit.
• Supply Chain Attacks: The FBI warns companies that supply chains are increasingly a point of vulnerability for computer intrusions. A company’s cybersecurity is only as good as the security of its trusted vendors.
• Critical Infrastructure Attacks: In 2021, America’s critical infrastructure experienced an unprecedented increase in cyber-attacks. While nation-state threats remain concerning for their persistence, sophistication, and potential for destructive intent, cybercriminals deploying ransomware undoubtedly have the most visible direct impact on US critical infrastructure, including hospitals, the energy sector, and emergency services.

How the FBI Can Help with Preventative Measures

The most important action a company can take in preparing for cyber security incidents is to develop a relationship with their local FBI field office before an intrusion. When the FBI can quickly engage with a company, we can share indicators that help network defenders identify malicious activity and intelligence about what the actors have been doing elsewhere that inform a company’s decision-making during a crisis.

The FBI recommends that all companies, regardless of size, take these preventive measures during this heightened threat environment:

• If possible, identify your company’s most sensitive information and encrypt it. Hackers will often steal this information and attempt to extort companies by threatening to leak it online.
• Ensure your organization has an incident response plan that includes the FBI. Your organization should exercise your incident response plan on a routine basis.
• Ensure you have offline backups of critical data.
• When you realize your system is compromised, cybercriminals may have already taken your data. There are several red flags to look for that might indicate a cyber-attack, including passwords not working, a large number of pop-up ads, unexplained online activity, slow-running devices, and altered system settings.
• Know if your company has any connectivity in Eastern Europe that may cause additional vulnerabilities.
• If compromised, contact the FBI immediately.

What to Do After a Cyber ​​Intrusion

Contact the FBI as soon as you learn of a cyber intrusion. During a crisis, we can work shoulder-to-shoulder with your incident response team in your US office while also working with foreign partners to mitigate an attack, develop threat intelligence, understand exfiltration, and inform defensive posture. If your company experiences a breach—while it may be brand new to you—there is a good chance the FBI has seen the hackers before, whether firsthand or via our global network.

As a federal law enforcement agency, the FBI can conduct criminal investigations and gather evidence of violations of US computer hacking and espionage laws using criminal legal processes, like subpoenas, search warrants, and wiretaps. That collection yields details that unlock who is compromising our networks, how our adversaries are succeeding, and where they may strike next, all because of the technical clues they leave behind.

Because cyberattacks are a global issue, the FBI has legal attaches in over 70 US embassies worldwide and partnerships with law enforcement agencies in each of these countries. The FBI maintains a global workforce of cyber experts, working closely with a network of foreign law enforcement and intelligence agencies. This means infrastructure utilized in foreign countries can be exploited to develop threat intelligence or mitigate attacks through international agreements and partnerships.

By working with the FBI, you are working to help prevent the actor from victimizing others and potentially from re-victimizing you.

FBI – Private Sector Partnership Groups

The FBI shares information with the private sector through one-on-one outreach, cyber threat bulletins, and through our many partnerships, including the Fortune-1000 companies who belong to the Domestic Security Alliance Council (DSAC) and the US critical infrastructure professionals in our national InfraGard program.

The Domestic Security Alliance Council, or DSAC, is a security and intelligence-sharing initiative between the FBI, the Department of Homeland Security, and the private sector. Created in 2005, DSAC enables an effective two-way flow of vetted information between the FBI and participating members to help prevent, detect, and investigate threats impacting American businesses and US economic and national security. For more information, please visit: https://www.dsac.gov/.

InfraGard is a partnership between the FBI and members of the private sector to protect US Critical Infrastructure. Through seamless collaboration, InfraGard connects owners and operators within critical infrastructure to the FBI to provide education, information sharing, networking, and workshops on emerging technologies and threats. InfraGard’s membership includes business executives, entrepreneurs, lawyers, security personnel, military, and government officials, IT professionals, academia, and state and local law enforcement—all dedicated to contributing industry-specific insight and advancing national security. To learn more about joining InfraGard, please visit www.infragard.org. FBI alerts and advisories are provided directly through the InfraGard platform.

The FBI’s Internet Crime Complaint Center (IC3) also provides Industry Alerts at https://www.ic3.gov/Home/IndustryAlerts.

Contacting the FBI

Contact the FBI San Francisco Field Office at (415) 553-7400. You can report internet crimes at www.ic3.gov and other suspicious criminal activity at tips.fbi.gov.

*For media inquiries, please contact the FBI San Francisco Media Office at media.sf@fbi.gov*

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