TD Ameritrade breach


If you have a TD Ameritrade account and use M$ Windows, you should read this Washington Post article.  Kudos to Brian Krebs; he is doing truly excellent work!

I hope to be seeking new counsel soon (i.e. new lawyers to represent me AND the class on a contingency basis). (more…)

I don’t understand why Scott Kamber, Bob Kris, and the rest at KamberEdelson and TD Ameritrade persist in attacking me, as they spent much time doing at the 9/15/08 hearing.   Their attacks to date have consisted of claims that not only are not backed up by evidence, they are actually refuted by it.

Surely, they’re too smart to not realize that persuasion only goes so far in the face of cold hard evidence. (more…)

Much is on the record now.  I just filed this brief and this declaration with the court, prepared by my new counsel.

We shred the proposed settlement.  We mention (more…)

SeekingFOUND: Heroic Whistleblower

Update (May ’10): Since early ’09, I’ve been receiving information that answers many questions about the breach.  Since notified of the breach in October ’05, TD Ameritrade launched 4 related investigations.  I know who ran each one and the detailed findings, if they come to light, will be very embarrassing to those who performed them.  All of them were apparently designed to not find anything and provide plausible deniability.  The Information Security department appeared to have ‘successfullyfailed to find what many of their customers, including several prominent ones, knew: someone was stealing massive amounts of customer PII from their computer systems.  But increasing pressure due to my lawsuit led to a fifth investigation, which found evidence of the problem.  Later investigations were also apparently designed to – and ‘successfully’ failed to – find evidence of massive identity theft due to stolen Social Security Numbers.  Those who were instrumental in these ‘successes’ were rewarded handsomely, while those who found evidence of the breach were punished severely.  I’ve updated this post to publicly provide a bit more information from the whistleblower than what I had previously disclosed.

Help!  I’m hoping a whistleblower will step up to provide additional info regarding the extent of the TD Ameritrade breach. (more…)

(UPDATED December, 2011) Finally, a little of TD Ameritrade’s money is going to a few of the class members it ripped off.  It’s taken 6 years to get here!  Though TD Ameritrade refuses to pass a security audit and covered up the breach, the government (in the form of the SEC and the federal judiciary), and the Financial Industry’s self-Regulatory-organization Authority (FINRA, nee NASD) have let it off with a ‘slap on the wrist’ that will have no material impact on the company. I guesstimate the  ‘slap on the wrist’ was over $40 million:$6.5 million for the settlement, plus the cost of my attorneys, their attorneys, printing, stuffing and mailing over 12 million letters, litigation costs (flying dozens of attorneys to San Francisco), increased insurance costs, loss of business, etc.   Criminals had gained ongoing access to TD Ameritrade’s customer database back in October, 2005.   This database contains 6.3 million+ customers’ names, addresses, mailing addresses, email addresses, trading histories, account numbers, account balances, dates of birth – oh, and social security numbers too.  AMTD knew of, covered up, and failed to fix the problem for TWO YEARS. How do I know this?

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Welcome to Trials and Tribulations, a.k.a. caringaboutsecurity.wordpress.com, a.k.a. AMTD.elvey.com.

I’ve finally (belatedly!) started a blog where I can post about my case.  I want a place where I can say things in my own words.  I want to avoid spin, misquotations and misrepresentations.  The issues in this case are often complicated.  I’ve put too much of my heart and soul into this case to have things thrown off course.  I have literally put months of my time into researching and bringing the complaint, and consistently following and attempting to fulfill my duties as class rep to the best of my ability.

Wired has some coverage and some commentary on the case from yours truly (read all the way to the bottom of the wired threat level page).  I’ll put up links to Google and google news and usenet and so forth as needed…

Read of my efforts to be an exemplary class rep. in the Elvey v. TD Ameritrade, Inc. pump-n-dump spam and Identity Theft litigation.

I discovered the information security breach by which the Social Security Numbers of all 6.3 million AMTD customers were compromised and proved that criminals, namely identity thieves, had gained access to the database they were in.

There are about a dozen settlement components I’d like to comment on, or have already commented on.  I welcome your feedback; just use the form on the bottom of most pages on the site, including this one.

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