Case5:09-cr RMW Document2 Filed02/05/10 Page1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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1 Case:0-cr RMW Document2 Filed02/0/ Page1 of 6 1 OSEPH P. RUSSONIELLO (CSBN nited States Attorney 2 RIAN J. STRETCH (CABN Chief, Criminal Division 4 ARK L. KROTOSKI (CABN 1384 ssistant United States Attorney Almaden blvd., Suite 00 6 San Jose, CA 113 Telephone: ( Facsimile: ( mark.krotoski@usdoj.gov 8 Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 13 ITED STATES OF AMERICA, 14 Plaintiff, 1 v. No. CR RMW NOTICE OF DISMISSAL AND (PROPOSED ORDER 16 HILIP GABRIEL PETTERSSON, aka "STAKKATO," 17 (San Jose Venue Defendant With leave of the Court, and pursuant to Federal Rule of Criminal Procedure 48( a, the 21 nited States Attorney for the Northern District of California dismisses the above indictment 22 ithout prejudice, now that the U.S. Department of Justice has received confirmation that the 23 I II II 24 I II II 2 NOTICE OF DISMISSAL AND ORDER CR RMW

2 Case:0-cr RMW Document2 Filed02/0/ Page2 of 6 1 Gngdom of Sweden has accepted the government's request for transfer ofthe prosecution, as 2 eflected in the attached correspondence. 3 ATED: January 2, 20 Respectfully submitted, 4 JOSEPH P. RUSSONIELLO United States Attorney IJtl:~KZI MARK L. ROTOSKÎ Assistant U,S. Attorney NOTICE OF DISMISSAL AND ORDER CR RMW 2

3 Case:0-cr RMW Document2 Filed02/0/ Page3 of Attachment NOTICE OF DISMISSAL AND ORDER CR RMW 3

4 Case:0-cr RMW Document2 Filed02/0/ Page4 of 6 u.s. Department of Justice MEW:SCR:KH:SCS:JMB:jmb Criminal Division Offce of International Affairs 1301 New York Avenue, N W, Suite 800 Washington, D.C Januar 22,20 VIA OVERNIGHT MAIL Mr. Mark Krotoski Computer Crime and Intellectual Property Section U.S. Department of Justice 1301 New York Avenue, N.W. Sixth Floor Washington, D.C Re: Letter Provided in Response to the Request for Transfer of Prosecution from the United States to Sweden in the Matter of Cisco Systems, Inc. Dear Mr. Krotoski: Enclosed please find a letter provided by the Swedish Ministry of Justice, in response to the above-referenced request for transfer of prosecution submitted on behalf of your offce and the U.S. Attorney's Office for the Northern District of California, This letter, dated December 4, 200, from the International Public Prosecution Office in Stockholm, Sweden, confrms the willingness of Swedish authorities to accept your request for transfer of prosecution. This offce is forwarding this letter as received and is not retaining a copy. If you require further assistance in thís matter, please do not hesitate to contact me at ( , or Jonathan Breyan, the paralegal assigned, at ( By: Sinqerely, Mary Ellen Warlow Director Office of International Affairs Criminal Division Enclosure: December 4,200 Letter

5 Case:0-cr RMW Document2 Filed02/0/ Page of 6 lr _'(1.,:," ÂKLAGARMYNDIGHETEN International Public Prosecution Offce Stockholm Uppsala Branch Senior Publíc Prosecutor Chatrine Rudström ,ß Sìda 1 (1 ~ Handlíng 1. Ärende AM Handläggare 8- ÇJ..ad.. ~' ::; c:tét'''' ~~ç!\.~. =ç, tt ~: t:r: 'j : Q tt o. U,S, Department of Justice Criminal Division Office of International Affais Att: Sarah Santiago 1301 New York Ave, N,W Suite 800 Washington, D,C United States of America.rs' z.. 0 eï i! --eg~biing your request for Transfer of Prosecution from the United ~Statf;to Sweden in the Matters of Cisco and NASA n~ ~ 21 anf'witing to you to confnn that Sweden has decided to accept your request l'''for transfer of Prosecution and to continue to handle the case in accordance with Swedish law, The case has been handled over to the police authorities for necessary investigative procedures. The intrusions to Cisco Company md NASA are regarded as coinputcr.,intrusions according to the Swedish law. After the police investigation is tenninated I, as the prosecutor in the case, wil decide whether the suspect, Mr. Philp Pettersson will be prosecuted or not.. h When the intrusions wete committed Mr. Pettersson was a juvenie. He has already been convicted of several computer intrusions during the same period of time as the intrusions to Cisco Company and NASÁ and he received a conditional sentence, If the evidence after the termination of the police investigation is convincing there are two procedural options according to Swedish law, Either Mr. Pettersson wil be prosecuted, and a cour will try the case, or the prosecutor will decide to forbear to prosecute. The latter option is frequently used injuvenile cases in Sweden. The Law states certain circumstances when.it is possible to forbear to prosecute, for example that there is an earlier conviction and that you can foresee that the cour will decide that the earlier sentence is suffcient for the new crìmes as well, and that the suspect was a juvenile at the time of the crime, Since the suspect is a Swedish citizen and the intrions, according to Swedish law, have been committed in Sweden, Sweden wil handle the case accordingly. We wil keep you updated on the outcome of the case. Kind regards, C (J"\,-.~' ~ne'. Chatrine Rudströin

6 Case:0-cr RMW Document2 Filed02/0/ Page6 of ITED STATES OF AMERICA, 12 Plaintiff, 13 v. 14 HILIP GABRIEL PETTERSSON, aka "STAKKATO," 1 Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION No. CR RMW (PROPOSED ORDER (San Jose Venue Lcavc of Court having bccn grantcd to the government to dismiss that indictment, IT is EREBY ORDERED that the captioned indictment is dismissed without prejudice. 21 ate: February _,20 RONALD M. WHYTE 22 United States District Judge OTICE OF DISMISSAL NDORDER CR RMW 4