SEC Hacker’s 366-Day Sentencing Recommendation Sparks Debate

The legal battle surrounding Eric Council Jr., the individual responsible for a significant breach of the Securities and Exchange Commission’s (SEC) X account in 2024, continues to unfold. Council’s defense team has countered the prosecution’s request for a two-year sentence with a proposed sentence of one year and one day.

In a May 13 filing with the US District Court for the District of Columbia, Council’s lawyers argued that a 366-day sentence appropriately addresses his involvement in the SIM swap attack that led to the dissemination of a fraudulent Bitcoin ETF approval announcement. They maintain this sentence sufficiently punishes the defendant, promotes respect for the law, and deters future criminal conduct.

Council initially pleaded not guilty but changed his plea to guilty in February, admitting to one count of conspiracy to commit aggravated identity theft and access device fraud. Judge Amy Berman Jackson has also issued an order to prosecutors, requesting they provide evidence to support the felony charges by May 13.

The sentencing hearing is scheduled for May 16. Prosecutors, however, contend that a two-year sentence is justified, citing Council’s financial gains from similar SIM swap attacks, estimating his profits to be approximately $50,000. This sharp contrast in sentencing recommendations sets the stage for a crucial decision from Judge Jackson.

Related: ZKsync X hacker posts false SEC probe in apparent effort to crash token

The case unfolds against a backdrop of potential leadership changes in the DC court district. The appointment of Jeanine Pirro as interim US attorney for the District of Columbia, announced on May 8, could have implications for the prosecution of future crypto-related cases.

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