A British hacker who is accused of being involved in a £35million cryptocurrency heist will not be extradited to the US because of his Asperger’s and mental health, a judge has ruled today.
Corey De Rose is wanted in the US for allegedly using a technique called ‘Sim Swapping’ or ‘Sim Hijacking’ when he was a teenager to steal the identities and cryptocurrency wallets of American citizens.
‘Sim Hijacking’ is a hacking technique that involves capturing a person’s identity through their mobile phone provider, giving the hacker control of the phone for them to steal bitcoin and other cryptocurrencies.
The 22-year-old, of Shaftesbury Place, Earls Court, was wanted for taking part in the hacking of Reggie Middleton, CEO of financial technology company Veritaseum, who claimed he lost £6.5m after his phone was hacked.
T-Mobile, his mobile phone company, agreed to SIM swaps without his knowledge, which led to the thefts.
Edward Fitzgerald QC, defending, told Westminster Magistrates’ Court that De Rose has been diagnosed with Asperger’s Syndrome and has a history of self-harm and attempted suicide.
Judge Griffiths accepted he would be at high risk of suicide in the US if he was to be detained awaiting trial, especially if the prison were to be locked down in the event of a Covid-19 outbreak.
US citizens can appeal this decision. A hearing was scheduled for February 7, for them to state their intentions. De Rose is still free on bail.
The previous bail conditions required that Fitzgerald always had a phone to track his movements. Fitzgerald claimed that the previous condition of bail was no longer necessary as it caused him excessive anxiety.
Corey De Rose, 22, (pictured) is wanted in the US for allegedly using a technique called ‘Sim Swapping’ or ‘Sim Hijacking’ when he was a teenager to steal the identities and cryptocurrency wallets of American citizens.
District Judge Sarah-Jane Griffiths described the extradition request as ‘unjust’, ‘oppressive’ and ‘disproportionate’ given the state of Dr Rose’s mental health and the lack of available treatment in a US prison.
De Rose was almost on the Wandsworth bridge, but he was restrained by police officers upon his February 2019 arrest.
‘This is a very exceptional case,” Mr Fitzgerald said. ‘There is evidence of a serious and longstanding mental disorder, and a high risk of suicide.
‘The prosecution should take place here and not in the United States.’
De Rose is wanted in the US, along with other members of the hacker group ‘The Community’.
According to reports, the group researched potential targets that might have large amounts of cryptocurrency. They used news articles and social media announcements from corporations, as well as symposia about cryptocurrency.
Mr Fitzgerald said his client was 18 at the time he was said to have stolen the money and that the sum of $8.6 million was based on Mr Middleton’s representations, adding: ‘He’s not entitled to a ha’penny back.’
De Rose wept in relief at the passing of the sentence.
Solicitor, Partner at The Stokoe Partnership, who led the defence team said after the ruling: ‘The Judgment shows the UK Court is willing and able to protect the rights of vulnerable individuals in the UK when their extradition is sought in the US.’
De Rose has been placed under curfew. This will temporarily be lifted in the event that he must go to hospital with his partner. His partner is pregnant and may become pregnant at any moment, according to court hearings.
Edward Fitzgerald QC, defending, told Westminster Magistrates’ Court (pictured) that De Rose has been diagnosed with Asperger’s Syndrome and has a history of self-harm and attempted suicide
Judge Griffiths added: ‘My findings and conclusions…do not mean that it would be unjust and/or oppressive to prosecute the RP in the UK for these offences, should the decision be taken to do this.
‘Indeed, it seems to me, that the RP would be able to face a criminal prosecution in the UK for these offences, with the support of his family. It is up to the UK authorities whether or not the RP should be prosecuted. I simply make this observation so that there is no misunderstanding as to my decision.’
Peter Caldwell, for the US government, earlier said Mr Middleton’s alleged activities’ did not entitle Mr De Rose to act as Robin Hood and use the assets as he wished.
‘We’re concerned with a very extensive fraud which involves the taking over of victims’ identity information in order to assume control of their wallets.’
He added: ‘His role was to obtain the underlying identity information which permitted access to a wallet.’
De Rose denies conspiring to commit wire fraud and wire fraud.
Fitzgerald also represents Julian Assange, WikiLeaks founder, in the fight against extradition to USA on charges of espionage.