PITTSBURGH — Morgan Culbertson, a bright, young computer programmer who designed malware to allow users to control other people's Android phones, received probation today instead of prison for his crime.
U.S. District Judge Arthur Schwab imposed a three-year term on the 22-year-old and ordered him to do 300 hours of community service.
He had faced a possible 10 to 16 months behind bars, but it was his first offense, he quickly admitted his guilt and he and his family said he's been trying to make amends.
"I'm very sorry for what I did and will be haunted by this for the rest of my life," he told the judge.
Culbertson, 22, a former Carnegie Mellon University student from Churchill, pleaded guilty over the summer to conspiracy to damage protected computers.
Calling himself "Andoid" online, he initially conspired with a man in the Netherlands to design a product called "Dendroid" and sell it on Darkode, an online marketplace for hackers.
Dendroid infected victims' phones, allowing a customer who bought the malware to intercept texts, steal files, take photos and review search histories and record phone calls, all without the user's knowledge.
He later bought out his partner's share of their enterprise and started working with another person, identified as "Elzig," in trying to market Dendroid on Darkode.
Culbertson has taken a leave of absence from CMU and is taking classes at Community College of Allegheny County and working as an intern at Hyiilon in Plum, which designs technology for the trucking industry.
He was among about 70 people targeted in an international investigation based in Pittsburgh focusing on Darkode, which the FBI has since shut down. Seven of those defendants were prosecuted here.
In fashioning the sentence, Judge Schwab said probation was fair but also told Culbertson and his family in the gallery that the 22-year-old's conduct was more serious than someone just making poor choices, such as choosing "the wrong ice cream."
"It's not 'bad choices,'" the judge said. "It's a crime."
Culbertson and his lawyer had no comment after the sentencing.
The Block News Alliance consists of The Blade and the Pittsburgh Post-Gazette. Torsten Ove is a reporter for the Post-Gazette. Torsten Ove: tove@post-gazette.com.
First Published February 6, 2017, 4:59 p.m.
