The Federal District Court of Criminal Executions (VEP-DF) allowed, this Wednesday (14), that the hacker Walter Delgatti Neto serves time in open regime. In practice, this means that he may leave the DF I Penitentiary (PDF I), where he has been detained since last year.
The hacker is suspected of breaking into ex-Justice Minister Sergio Moro’s cell phones and other officials. Last month, the court granted him freedom in the context of that process. However, Walter remained in detention because he had been convicted in two other cases and was in the sentence of serving his sentence (see more below).
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To G1, lawyer Ari Moreira said that Walter Delgatti should put an electronic bracelet on Thursday (15) and go to Araraquara (SP), city where he lived.
“The defense welcomed the decision to progress to the open regime,” he said.
The determination was signed by Judge Bruno Aielo Macacari. According to the magistrate, the hacker met the necessary requirements for the progression of the sentence.
Fake USP wallet
Walter Delgatti was twice convicted by the São Paulo court, more specifically Araraquara. In one case, the hacker was sentenced to two years in prison, on a semi-open basis, for falsifying a student card from the University of São Paulo in 2015.
The action began after a police operation at Walter’s house in an investigation into a rape case. On that occasion, he introduced himself as a medical student and presented a fake student ID.
View of Praça do Relógio and Rectory Building of the University of São Paulo – Campus Butantã. – Photo: Marcos Santos / USP Images
The agents also seized prescription drugs, prescriptions on behalf of others, a printer, a guillotine to cut paper, and ream of blue paper.
Walter told the police that he used his card to pay for half-price tickets to theaters, that the drugs were for his own use, and that the stationery was used to make party cards. The medical prescriptions, on the other hand, would have been left there by an error from a pharmacy delivery man.
The Public Prosecutor of São Paulo denounced Walter for drug trafficking, in addition to forgery of documents. However, he was convicted only for the second crime.
For judge Roberto Rainieri Simão, who analyzed the case at first instance, there was insufficient evidence to support the trafficking charge. However, he said that “with the analysis of the facts narrated in the complaint and in the police investigation, it is clear that the defendant forged a public document”.
“There is no doubt that the defendant was responsible for the forgery. Although he did not materially produce the document, as he mentioned, he signed it and provided the photograph, all with full knowledge that he was making a false document,” said the judge.
The second conviction against Walter Delgatti is for theft of a lawyer’s credit card, also in 2015. The victim said he missed the item and that the password was with the card. So he decided to consult his bank statement and found a series of purchases made by someone else.
The lawyer called the police, who, in contact with the merchants, discovered that the purchases had been made by Walter. At the young man’s home, objects acquired with the victim’s card were also found.
In the process, the hacker denied the theft. She said she was wanted by a friend who had separated from her husband. In Walter’s version, the woman handed him the credit card and asked him to do the shopping. After the police found the purchased items, he said he had no further contact with his friend.
When analyzing the case in second degree, the judge Aguinaldo de Freitas Filho understood that Walter’s version “does not convince, because, in addition to not having been proven, it remained completely dissociated from the other elements of conviction collected”.
“That way, the criminal materiality and the authorship remained duly uncontroversial, and proved exhaustively by the elements of conviction compiled throughout the persecutio criminis [investigação].”
Operation Spoofing: Sergio Moro testifies against hackers
Walter Delgatti was arrested in July 2019, during Operation Spoofing, which dismantled a “criminal organization that committed cyber crimes,” according to the Federal Police. Investigations pointed out that the group accessed accounts from the Telegram messaging app used by authorities.
At the time, Walter Delgatti Neto admitted to the PF that he entered the Lava Jato attorney’s accounts and confirmed that he forwarded messages to The Intercept Brasil website. He said he did not change the content and did not receive money for it. Part of the messages was published on the website, as of June 2019.
Federal judge Vallisney de Oliveira, who authorized the arrests, saw evidence that the hackers had teamed up to hack into Telegram accounts.
Investigators said the hackers had access to the code sent by the Telegram application servers to the victims’ cell phones to open the version of the application in the browser.
In addition to Walter Delgatti, Thiago Eliezer was also arrested on suspicion of participating in the group. He was also released on August 29 and, as there were no other arrest warrants against the accused, Thiago was released.
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