Case 2:12-cr-00004-APG-GWF Document 850 Filed 11/10/14 Page 1 of 8
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BENJAMIN C. DURHAM, ESQ.
Nevada Bar No. (7684)
601 S. 10th St.
Las Vegas, Nevada 89101
(702) 631-6111
Attorney for Defendant
UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CASE NO. 2:12-CR-00004-24
UNITED STATES OF AMERICA,
Plaintiff,
SENTENCING MEMORANDUM
v.
CAMERON HARRISON,
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Defendant.
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COMES NOW, CAMERON HARRISON, by and through his attorney, Benjamin Durham, and
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submits the instant Sentencing Memorandum for consideration in conjunction with the pleadings and
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papers on file herein, the attached Points and Authorities, and any arguments of counsel at the time of
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sentencing. Mr. Harrison urges the court to follow United States Probation Office’s recommendation of
87 months imprisonment followed by 3 years supervised release.
DATED this 7th day of November 2014.
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COFER, GELLER & DURHAM
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_/s/ Benjamin C. Durham_______________
BENJAMIN C. DURHAM
Nevada Bar No. 7684
Attorney for Cameron Harrison
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MEMORANDUM OF POINTS AND AUTHORITIES
Cameron Harrison pleaded guilty to counts 1, 2, and 16 of the indictment. Probation has
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calculated an offense level of 40 and a criminal history category IV, resulting in a guideline sentence of
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360-660 months. The statutory maximum sentence for counts 1 and 2 is 20 years. However, probation is
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recommending a variance and a sentence of 87 months to avoid sentencing disparity and to comply with
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the purposes of 18 USC 3553. Mr. Harrison concurs in the recommendation.
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OBJECTIONS
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Specific Offense Characteristics/Amount of Loss ¶34
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The actual loss caused by the carder.su organization has been calculated at $50,893,166.35,
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thereby increasing Mr. Harrison’s offense level by 24. While the organization began operating in 2005,
Mr. Harrison did not join the organization until June 2008 and his posts appear to conclude in 2011.
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Given that, Mr. Harrison should not be responsible for the entire amount of loss as he is not responsible
for acts that occurred prior to joining the conspiracy.
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BACKGROUND
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Cameron developed an interest in technology and computers at an early age. But instead of
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putting his interest and knowledge to good use, his curiosity led him down a different path. This was
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fueled in part by his abuse of alcohol and drugs. Cameron began to self-medicate at a young age in order
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to deal with the undiagnosed depression and anxiety that resulted from his parents’ divorce and his move
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away from family and friends. His first real contact with law enforcement occurred when he was only 17
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years old. He was in possession of alcohol and false IDs. From there, his alcohol and substance abuse
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only escalated, as did his contacts with law enforcement. Cameron’s mother’s suicide affected him
deeply and depression and substance abuse only worsened. However, despite several unwanted
“interventions” with law enforcement, Cameron never sought to truly address his problems. It was easier
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to dabble in false IDs or credit cards in order to facilitate his addictions. Each time he was cited or
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arrested, he would receive what amounted to a slap on the wrist. He had never served more than 6
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months in jail. Now, still young at the age of 28, he faces a lengthy prison sentence for his actions in this
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case. Fortunately, he retains the support of family and friends who are willing to assist him upon his
release. See attached Exhibit.
Cameron fully accepts responsibility for his involvement in the carder.su website. He has always
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cooperated with law enforcement and accepted responsibility for his crimes. He urges the court to
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consider his relatively minor involvement in the carder.su group. Cameron Harrison was one of fifty-five
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people indicted for participating in the carder.su organization, a worldwide organization allegedly
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consisting of close to 8,000 people. Cameron was at the bottom of the organizational hierarchy as a
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“member,” while others acted in higher capacities as administrators, moderators, and vendors. He was a
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member of the carder.su online community for approximately 4 years. In 2012, he was indicted for
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committing 3 acts. First, in June 2008, he emailed someone else’s personal identification information,
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without their consent, to an unknown person. Second, in February 2010, he purchased a fake driver’s
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license from Agent Adams, who was working in an undercover capacity. Finally, in September 2010,
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Cameron received an email from another carder.su member. The email contained 21 compromised debit
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cards. Though not connected to the carder.su site, his computer also contained 265 different
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compromised credit card numbers. It is unclear whether any of the information he possessed was ever
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actually used, and the amount of information he possessed is minimal when compared with the 210,000
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account numbers that were compromised by the carder.su group. Throughout the 4 years that he was a
member, Cameron posted only 119 times on the carder.su site.
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ARGUMENTS IN MITIGATION OF SENTENCE
A variance under 18 USC 3553 is appropriate in this case, and Probation’s recommendation
of 87 months followed by supervised release is “sufficient, but not greater than necessary”
to accomplish the federal sentencing objectives.
In United States v. Booker, 543 US 220 (2005), the Supreme Court adopted an approach to the
Sentencing Reform Act that made the Sentencing Guidelines advisory. The Booker holding requires a
sentencing court to consider guideline ranges, but it permits the court to “tailor the sentence in light of
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other statutory concerns as well, see §3553”. Id. at 245. Without the “mandatory” provision, the Act
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requires judges to take account of the Guidelines together with other sentencing goals. Id. at 259. As set
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forth in USC 3553(a), the court shall impose a sentence “sufficient, but not greater than necessary,” to
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comply with the purposes set forth in paragraph 2. Such purposes are:
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punishment for the offense;
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to reflect the seriousness of the offense, to promote respect for the law, and to provide just
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to afford adequate deterrence to criminal conduct;
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to protect the public from further crimes of the defendant; and
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to provide the defendant with needed education or vocational training, medical care, or
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other correctional treatment in the most effective manner.
In fashioning a sentence that complies with the “overarching provision instructing district courts
to ‘impose a sentence sufficient, but not greater than necessary,’ to achieve the goals of sentencing,”
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Kimbrough, 128 S. Ct. at 570, the judge must consider a broad range of factors, including the nature and
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circumstances of the offense and the history and characteristics of the defendant, the need to avoid
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unwarranted sentencing disparities among defendants with similar records who have been found guilty of
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similar conduct, and the need to provide restitution to any victims of the offense. See 18 U.S.C. §
3553(a)(1)–(7). The Supreme Court has made clear that the district court must make an “individualized
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assessment” based on all of the 3553(a) factors. Gall v. United States, 128 S. Ct. 586 (2007). Cameron
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Harrison now requests that the court consider the following factors in fashioning a sentence “sufficient,
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but not greater than necessary” to comply with 18 USC 3553(a).
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A sentence of 87 months imprisonment is fair and just based on Cameron Harrison’s role in
the offense; a longer sentence would create an unwarranted disparity.
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There is no sidestepping Cameron Harrison’s prior criminal history, but the recommended
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sentence of 87 months adequately accounts for his role in the instant offense and his criminal history.
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Here, the court should give strong consideration to Cameron Harrison’s minimal participation in what
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was otherwise a very large organization. There were 210,000 compromised account numbers. Cameron
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sent one account number and later received 21 account numbers. A search of his computer revealed 265
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account numbers, none of which he had disseminated. These numbers are miniscule when compared to
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the total activity of the carder.su website. The Supreme Court in Booker found it important that a
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defendant’s sentence consist of “a strong connection between the sentence imposed and the offender’s
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real conduct.” 542 U.S. at 246. In this case, a sentence of 87 months is more than sufficient to account
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for Cameron’s actual conduct and adequately accounts for his prior criminal history.
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Moreover, a look at the sentences for the other carder.su defendants supports a sentence of 87
months for Cameron Harrison. In the 3 related indictments, those defendants were not charged under the
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RICO statutes and were therefore not exposed to higher guideline sentences. But their conduct was
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arguably more harmful than Cameron Harrison’s. The defendants in those cases were manufacturing
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false IDs and credit cards and trafficking in stolen IDs and credit cards. Many of them were using the
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false information and stolen cards to obtain large cash withdrawals. And they were much more active
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participants in the organization. A majority of those defendants received sentences of 24 months. Some
of them received sentences of 60 months. Only one defendant received a sentence of more than 60
months.
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In the instant case, the vendors operated on a much larger scale than members like Cameron.
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They were directly profiting from selling dumps, providing dump verification services, and providing
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cash out services. Many have yet to be sentenced. But, for example, one vendor was sentenced to 84
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months. Another vendor who was manufacturing and selling false drivers’ licenses and credit cards was
sentenced to 100 months. A vendor of hologram and signature panels was sentenced to 24 months. One
member was sentenced to 63 months despite committing new crimes while on pretrial release. Another
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member was sentenced to 108 months but also committed a new crime while on pretrial release. Finally,
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co-defendant Camez went to trial and was convicted. He received the longest sentence by far – 20 years.
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In reality, though, his sentence amounts to 13 years because he was already serving a 7-year sentence in
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another state. Although he was also a member, Camez was apparently much more active on carder.su
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than Cameron Harrison. He was connected to almost 2000 accounts and there were indications that some
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of his activities were tied to gun and drug trafficking.
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Finally, many of the “members” with less criminal history were or are facing guideline sentences
of 63 months. Members were all labeled as such because, presumably, they all had similar levels of
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culpability and were less culpable than vendors or administrators. The recommendation for Cameron
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Harrison of 87 months is 2 years longer than those members with less criminal history and that
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recommendation of additional time adequately accounts for his criminal history. It is sufficient to
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accomplish the sentencing purposes of 18 USC 3553.
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A sentence of 87 months is sufficient given Cameron Harrison’s history and characteristics
and need for education and vocational training and substance abuse treatment.
By his own admission, Cameron Harrison’s life has been rudderless. At the time of his arrest, he
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was “completely lost.” He has dedicated his time to unlawful activities rather than being a productive
citizen. But he is young enough to turn things around if afforded the opportunity. He has family who
care about him and who are willing to assist him when he is released from prison. 87 months is a
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substantial amount of time for him to think about the mistakes that he has made, to learn from them, and
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to plan a different, more positive future. He has the intellect to succeed in whatever field he wishes to
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pursue. He will have the resources in prison to obtain needed education and vocational training, and he
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will be afforded the opportunity to attend and complete the year-long RDAP program to address his
addictions. Being willing to understand and overcome his addictions will substantially increase his
chances for a successful life upon his release from prison.
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Also, the court should consider that Cameron will be on supervised release for 3 years after he is
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released. This will still severely limit his freedom and will keep the structure and necessary restrictions
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in place for him as he transitions back into society. In total, he will be detained or supervised for 10
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years. Judges must consider all of the “kinds of sentences available” by statute, §3553(a)(3), even if the
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“kinds of sentence…established by the guidelines” permit or encourage only prison. See Gall v. United
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States, 128 S.Ct. 586, 602 (2007). U.S.S.G. Chapter 5, Part B states that probation is a sentence in and of
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itself. “Probation may be used as an alternative to incarceration, provided that the terms and conditions
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of probation can be fashioned so as to meet fully the statutory purposes of sentencing, including
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promoting respect for the law, providing just punishment for the offense, achieving general deterrence,
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and protecting the public from further crimes of the defendant.” The United States Supreme Court in Gall
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acknowledged the substantial restriction of liberty involved in even standard conditions of probation.
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128 S.Ct. at 595-96.
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Likewise, supervised release can serve the same purposes as probation and will achieve the
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statutory purposes of sentencing in this case. A sentence of 87 months coupled with supervised release
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for 3 years is appropriate after taking into consideration all relevant sentencing factors as they apply
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specifically to Cameron Harrison. The recommended term of imprisonment sufficiently serves both a
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punitive purpose and a rehabilitative purpose. Continued community supervision for 3 years with strict
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terms and conditions can and would serve as further punishment but would also sufficiently serve the
remaining statutory purposes of §3553(a).
CONCLUSION
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Based on the foregoing and pursuant to 18 U.S.C. 3553(a), Cameron Harrison respectfully
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requests that this court impose a sentence of 87 months with 3 years supervised release. Such a sentence
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is sufficient but not greater than necessary to comply with the purposes of § 3553(a).
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DATED this 7th day of November 2014.
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COFER, GELLER & DURHAM
_/s/ Benjamin C. Durham_______________
BENJAMIN C. DURHAM
Nevada Bar No. 7684
Attorney for Michael Williams
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CERTIFICATE OF SERVICE
I hereby certify that on the 10th day of November 2014, the foregoing Sentencing Memorandum
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was served upon all parties via the CM/ECF system.
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_/s/ Cristina Flores___________________
An employee of Cofer, Geller & Durham
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Case 2:12-cr-00004-APG-GWF Document 850-1 Filed 11/10/14 Page 1 of 7
EXHIBIT /LETTERS
Case 2:12-cr-00004-APG-GWF Document 850-1 Filed 11/10/14 Page 2 of 7
Dear Honorable Judge Gordon,
I'm writing you this letter to try and explain myself and my actions that have landed me in your
courtroom. I would like you to know that words cannot describe how much I regret ever getting
involved in the lifestyle and criminal actions that have done nothing but ruin my life. If someone would
have told me years ago when I was younger that I would be living this life today, in this situation, I
would of told them that they were crazy. My life has changed completely from who I was back then
and I don't understand how I have let it happen. I grew up fascinated with computers and always
imagined myself doing great things with them when I grew older, but, so far I have failed. I had a good
childhood with a great father and mother and always stayed out of trouble as a kid. In high school I
began curiously experimenting with alcohol and started learning how to make fake ID's to go drinking
with friends and "fit in". While researching the subject on the internet, I was led down a dark path
which exposed me to a "dark side" of the computing world known as "carding". If I had had any idea
how much trouble this path would eventually land me in and the stress it would cause my family, I
would of quit immediately. Unfortunately, being young, naive, and curious led to bad decisions which
took me further and further into the "dark side". These bad decisions eventually led to drug use,
criminal activity, and inevitably, trouble with the law. When I was 19 years old, I unexpectedly lost my
mother and while I didn't realize it at the time, fell into a deep depression. Over the next 4 years
following her death, I also lost my stepfather (who introduced me to computers), my uncle, and my
grandfather and became more depressed, more involved in drugs and continued to make bad decisions.
At the time of my arrest in May 2012, I was completely lost. I had forgotten who I really was and had
become the complete opposite of who I thought I would once be. While being incarcerated over the last
two and a half years, I have continually thought about and re-evaluated who I really am. I feel I have
grown and matured over this time and changed for the better. Unfortunately, the bad decisions and
reckless lifestyle I led while younger have landed me in a lot of trouble, which is why I am writing you
this letter today. I realize that what I have done and gotten involved in is wrong and there are no
excuses for my conduct. I wish, more than anything, that I could go back in time and travel a different
path, but I can't. There is nothing I can do to change what is already done so I accept full responsibility
for the actions that put me here and realize that I must pay for those bad decisions as well. So far, I
have spent my time locked up (which is already more than all previous times combined) reflecting on
how I have gotten here and who I have become and it has definitely opened my eyes. This is not the
person that I want to be or the life that I want to live. I realize how much of my life and precious time
with my family will be lost, and the numerous people my selfish, immature decisions have effected. I
am truly ashamed to be where I am today and plan on spending the rest of whatever sentence you feel
is necessary to improve my health, turn my life around, and to learn as much as possible. I am ready to
do whatever is required to put all of this behind me as soon as possible so that I can rejoin my family,
move on with my life, and do something positive and productive with it.
Thank you for your time Your Honor.
Sincerely,
Cameron L. Harrison
Case 2:12-cr-00004-APG-GWF Document 850-1 Filed 11/10/14 Page 3 of 7
ADVANCED RETIREMENT
PLANNING SOLfTTIONS
3007 Pine Needle Rd. Suite 207
Augusta, Georgia 30909
September 3,2014
The Honorable Andrew P. Gordon
United States District Court
District of Nevada
Dear Judge Gordon,
My name is David L. Harrison and I am the father of Cameron Lee Harrison.
Cameron is a good son that has made some bad decisions. He was brought up in a
good home but had some knee problems early in life which led to some
dependency on prescription drugs that had an effect on his judgement. I'm not
trying to make excuses for him but I do believe that this had an influence in his
decision making. He and I both realize that he was wrong and there is no
acceptable excuse for what he has done.
Cameron is loved and missed by myself, his brother and numerous aunts, uncles
and cousins. Unfortunately his mother has already passed. We all support him and
will do our best to help him get on with a productive (and legal) life upon his
release.
We understand that he must pay for his misdeeds but we beseech you to show as
much leniency as you can so that he can do some good with the rest of his life.
With his natural ability to navigate in the cyber world of computers perhaps he
could put his talents to productive use in some sort of anti-hacking capacity.
We would be in the courtroom were it not so far away but at any rate please know
that he has a family that misses him and a support mechanism that will help him
get on the right track.
Respectfidly,
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David L. Harrison, Jr.
November 5, 2014
The Honorable Andrew P. Gordon
United States District Court
District of Nevada
Dear Judge Gordon,
I am David Harrison Jr. and Cameron Harrison is my brother and best friend. He is
a very good person who has made some bad choices. He has a very big heart and
is always trying to help other people. He has helped me a lot with my daughter
and is missed by all of us.
Cameron and I lost our mother in 2006 and I know that this was very hard on him
and me. This combined with other issues is when I think Cameron took a wrong
turn. Cameron had a very good upbringing and has a lot of friends and family who
miss him very much. He has been incarcerated for over 2 years now and is still
waiting to find out his fate. That is a long time for anyone. He is still young enough
to do some good with his life.
Please show mercy on him and allow him to return to his family and start
straightening out his life. I know from my conversations with him that he is ready
to do right. He was in classes to be in IT Support around the time of his arrest. I
am sure that if he is released he will continue his education and use his
considerable talents in the technology field to do some good.
He has a lot of friends and family to support him and keep him on the right path.
Respectfully,
David Harrison, Jr.
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3829 Villa Lane
Augusta, GA 30907
October 1, 2014
The Honorable Andrew P. Gordon
United States District Court
District of Nevada
Dear Judge Gordon,
My name is Jessica Harrison and I am the sister-in-law of Cameron Lee Harrison.
I have known Cameron for 12 years now and he has one of the biggest hearts of anyone I know.
He has always had a jolly, happy personality and I can say that I have never seen Cameron in a
negative light. He has a genuine good soul and makes friends easily. He has never been violent
in any way. He has a great family that is always willing to give and show him support. My
family has always enjoyed Cameron at our family functions as well. We all love and miss him
dearly.
I believe his prescription drug problem started out with a bad knee. That led to a dependency on
the prescription pills. That situation spiraled down for him when he suddenly lost his mother in
January of 2006. He loved her dearly. Cameron also has an Syr old niece that loves him very
much and she misses him being a part of her life.
There is no excuse for what Cameron has done and I know that he accepts full responsibility. He
realizes that he has missed out on so much in his life over the past few years for those poor
choices he made. Cameron is very smart man and has a lot of potential. He wants the chance to
have a successful career and a family.
We wish that we could be there in the courtroom to support him. Please have confidence in him
that he has a good, legal plan for his life.
Sincerely,
Jessica C. Harrison
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August 31, 2014
Mary K. Malessa
2383 Netherlands Dr. Apt 49
Clearwater, FL 33763
RE: Cameron Harrison
Honorable Judge Andrew Gordon,
Cameron has taken responsibility for his actions and knows what he has done is wrong. He has made
some very poor decisions which have led to this; however I believe he is an intelligent young man and
has learned from his mistakes. He can take this and turn it around to do well in his life and make amends
for his past.
Cameron is a part of our family and we miss and love him very much. We want him to know that we will
be here to support him in any way needed. He has numerous cousins Casey, Calvin, Maddaline, Damon
and Jacqueline that are all here for him and are always asking about his welfare. He will always have a
home with us and we will try to guide him to plan for his future and to make good choices. Cameron is a
quiet young man with a good sense of humor and the absence of his presence has been felt by all of us.
Thank you for taking the time to read our thoughts and comments.
Sincerely,
Mary K. Malessa
Case 2:12-cr-00004-APG-GWF Document 850-1 Filed 11/10/14 Page 7 of 7
Letter from Linda Renick
To Judge Andrew Gordon:
I am writing this letter in support of Cameron Harrison. I have known Cameron for 5 years, he
was my son's roommate, and spent a lot of time at my house. Cameron is a good person who's
first concerns have always been his family and friends. He cared very much about the well
being of his niece, Olivia, making sure she had presents for birthdays and Christmas, as well as
spending time with her, when her father was unable to do so.
Cameron and I share a passion for technology, and he often helped me with computer
questions and concerns. His technology skills are outstanding, and even though he has made
some poor choices in the use of those skills, I believe Cameron has the ability to utilize his
talents and reassume a productive roll in society.
Sincerely,
Linda Rennick
Teacher
Columbia County School System
Evans, Ga