Bryan Fleming was sentenced to time served and a $5,000 fine on April 3 in U.S. District Court in San Diego.
The sentence was confirmed by a spokesperson for the U.S. Attorney’s Office for the Southern District of California, according to TechCrunch.
Fleming pleaded guilty on January 6 to one count of violating Title 18, United States Code, Section 2512(1)(b), which prohibits the intentional manufacture, assembly, possession or sale of any electronic device knowing or having reason to know that its design renders it primarily useful for the surreptitious interception of wire, oral or electronic communications, court records show.
The case is United States v. Fleming, 3:26-cr-00019, in the Southern District of California. Judgment was entered on April 3 following a sentencing hearing that day.
In his plea agreement, Fleming admitted that since at least 2017 and continuing through at least December 2022 he designed, manufactured and sold software through his company, Fleming Technologies LLC, located in Bruce Township, Michigan. The software enabled buyers to covertly and remotely monitor a victim’s cellular telephone and computer activities, including texts, emails, phone calls, geo-location and web browsing, according to the plea agreement.
Fleming acknowledged that in January 2022, within the Southern District of California, he assisted a customer who had purchased the software after viewing advertisements that specifically promoted its use for covertly spying on a significant other. He provided the assistance even after the customer made clear that the software was being used to spy on a non-consenting individual, the plea agreement states.
The charges were brought following an investigation by Homeland Security Investigations, a unit of U.S. Immigration and Customs Enforcement.
Fleming’s attorney, Marcus Bourassa, did not respond to requests for comment. No further comment from the U.S. Attorney’s Office was immediately available beyond confirmation of the sentence.
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