Score:   1
Docket Number:   D-MA  1:20-cr-10126
Case Name:   USA v. Cooke
  Press Releases:
BOSTON – A seventh former employee of eBay, Inc. has been charged with participating in a cyberstalking campaign targeting a Natick, Mass. couple who published a newsletter that eBay executives viewed as critical of the company.

Philip Cooke, 55, of San Jose, Calif., a former police captain in Santa Clara, Calif., and a supervisor of security operations at eBay’s European and Asian offices, was charged by Information with conspiracy to commit cyberstalking and conspiracy to tamper with witnesses. Cooke will appear in federal court in Boston at a later date.

According to charging documents, Cooke conspired with six other former eBay employees: David Harville, 48, of New York City; James Baugh, 45, of San Jose, Calif.; Stephanie Popp, 32, of San Jose, Calif.; Stephanie Stockwell, 26, of Redwood City, Calif.; Veronica Zea, 26, of San Jose, Calif.; and Brian Gilbert, 51, of San Jose, Calif. Harville and Baugh were charged on June 15, 2020, with conspiracy to commit cyberstalking and conspiracy to tamper with witnesses. The charging documents identified Cooke as “Supervisor 1.” A previously filed Information charging Gilbert, Popp, Stockwell, and Zea with the same offenses was also unsealed on June 15, 2020. 

According to the charging documents, the victims of the cyberstalking campaign were a Natick couple who are the editor and publisher of an online newsletter that covers ecommerce companies, including eBay. Members of eBay’s executive leadership team followed the newsletter’s posts, often taking issue with its content and the anonymous comments underneath the editor’s stories. 

It is alleged that in August 2019, the defendants allegedly executed a three-part harassment campaign. Among other things, several of the defendants ordered anonymous and disturbing deliveries to the victims’ home, including a preserved fetal pig, a bloody pig Halloween mask, a funeral wreath, a book on surviving the loss of a spouse, and pornography – the last of these addressed to the newsletter’s publisher but sent to his neighbors’ homes.

As part of the second phase of the campaign, some of the defendants allegedly sent private Twitter messages and public tweets criticizing the newsletter’s content and threatening to visit the victims in Natick. The charging documents allege that Cooke, Baugh, Gilbert, and Popp planned these messages to become increasingly disturbing, culminating with “doxing” the victims (i.e., publishing their home address). It is alleged that the same group intended then to have Gilbert, a former Santa Clara police captain, approach the victims with an offer to help stop the harassment that the defendants were secretly causing, in an effort to promote good will towards eBay, generate more favorable coverage in the newsletter, and identify the individuals behind the anonymous comments.

The third phase of the campaign allegedly involved covertly surveilling the victims in their home and community. The victims spotted the surveillance, however, and notified the Natick police, who began to investigate.

Aware that the police were investigating, the defendants allegedly sought to interfere with the investigation by lying to the police about eBay’s involvement while pretending to offer the company’s assistance with the harassment, as well as by lying to eBay’s lawyers about their involvement. For example, it is alleged that Cooke and several of the other defendants discussed the possibility of presenting Natick Police with a false investigative lead to keep the police from discovering video evidence that could link some of the deliveries to eBay employees. As the police and eBay’s lawyers continued to investigate, the defendants allegedly deleted digital evidence that showed their involvement, further obstructing what had by then become a federal investigation.

The charges of conspiracy to commit cyberstalking and conspiracy to tamper with witnesses each carry a sentence of up to five years in prison, three years of supervised release, a fine of up to $250,000 and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Natick Chief of Police James G. Hicks made the announcement today. Assistant U.S. Attorneys Seth B. Kosto and David J. D’Addio of Lelling’s Securities, Financial and Cyber Fraud Unit are prosecuting the case. 

The details contained in charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Docket (0 Docs):   https://docs.google.com/spreadsheets/d/1-216G2BUDXhvJsbdWhDdnKm6-ZQicFYiU_KitwHUNeo
  Last Updated: 2023-11-18 18:37:39 UTC
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY

Description: The code of the federal judicial circuit where the case was located
Format: A2

Description: The code of the federal judicial district where the case was located
Format: A2

Description: The code of the district office where the case was located
Format: A2

Description: Docket number assigned by the district to the case
Format: A7

Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3

Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3

Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5

Description: Case type associated with the current defendant record
Format: A2

Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18

Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15

Description: The status of the defendant as assigned by the AOUSC
Format: A2

Description: A code indicating the fugitive status of a defendant
Format: A1

Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD

Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD

Description: The date when a case was first docketed in the district court
Format: YYYYMMDD

Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD

Description: A code used to identify the nature of the proceeding
Format: N2

Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD

Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
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Description: A code indicating the type of legal counsel assigned to a defendant
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Description: The four digit AO offense code associated with FTITLE1
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Description: The four digit D2 offense code associated with FTITLE1
Format: A4

Description: A code indicating the severity associated with FTITLE1
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE2
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Description: The four digit AO offense code associated with FTITLE2
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Description: The four digit D2 offense code associated with FTITLE2
Format: A4

Description: A code indicating the severity associated with FTITLE2
Format: A3

Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5

Description: The date of the last action taken on the record
Format: YYYYMMDD

Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD

Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD

Description: The date upon which the case was closed
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Description: A code indicating the type of legal counsel assigned to a defendant at the time the case was closed
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Description: The four digit AO offense code associated with TTITLE1
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Description: The four digit D2 offense code associated with TTITLE1
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Description: A code indicating the severity associated with TTITLE1
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Description: The code indicating the nature or type of disposition associated with TTITLE1
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Description: A code indicating whether the prison sentence associated with TTITLE1 was concurrent or consecutive in relation to the other counts in the indictment or information or multiple counts of the same charge
Format: A4

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Description: A period of supervised release imposed upon a defendant under TTITLE1
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Description: The fine imposed upon the defendant at sentencing under TTITLE1
Format: N8

Description: The title and section of the U.S. Code applicable to the offense under which the defendant was disposed that carried the second most severe disposition and penalty
Format: A20

Description: A code indicating the level of offense associated with TTITLE2
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Description: The four digit AO offense code associated with TTITLE2
Format: A4

Description: The four digit D2 offense code associated with TTITLE2
Format: A4

Description: A code indicating the severity associated with TTITLE2
Format: A3

Description: The code indicating the nature or type of disposition associated with TTITLE2
Format: N2

Description: The number of months a defendant was sentenced to prison under TTITLE2
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Description: A code indicating whether the prison sentence associated with TTITLE2 was concurrent or consecutive in relation to the other counts in the indictment or information or multiple counts of the same charge
Format: A4

Description: The number of months of probation imposed upon a defendant under TTITLE2
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Description: A period of supervised release imposed upon a defendant under TTITLE2
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Description: The fine imposed upon the defendant at sentencing under TTITLE2
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Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8

Description: A count of defendants filed including inter-district transfers
Format: N1

Description: A count of defendants filed excluding inter-district transfers
Format: N1

Description: A count of original proceedings commenced
Format: N1

Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
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Description: A count of defendants terminated including interdistrict transfers
Format: N1

Description: A count of defendants terminated excluding interdistrict transfers
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Description: A count of original proceedings terminated
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Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
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Description: A count of defendants pending as of the last day of the period excluding long term fugitives
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Description: A sequential number indicating the iteration of the defendant record
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Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD

Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Format: YYYY

Data imported from FJC Integrated Database
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