US Trial May Reveal Who Hired Hackers to Target Exxon Climate Critics
US Trial May Reveal Who Hired Hackers to Target Exxon Critics

A US court case against Israeli private investigator Amit Forlit could reveal who ordered a hacking operation targeting climate activists critical of ExxonMobil a decade ago. Forlit was arraigned in a New York federal court in spring 2024 on hacking and wire fraud charges, with court documents alleging the hack was commissioned by a lobbying firm representing Exxon.

Background of the Hacking Operation

In 2015, media reports revealed that ExxonMobil's own scientists had determined as early as 1982 that fossil fuel extraction and burning caused the climate crisis, yet the company funded climate denial campaigns. This prompted attorneys general to investigate Exxon. In 2016, as climate activists sought to hold Exxon accountable, they were targeted by phishing emails. Kert Davies, founder of the Climate Investigations Center, received over 80 phishing emails, including one pretending to be a colleague sharing a Dropbox document titled 'ExxonMobil (confidential).docx'. A Department of Justice investigation confirmed the successful hacking of more than 100 victims, including the group of Exxon critics.

Details of the Indictment

Forlit faces up to 45 years in prison. His lawyer referenced a sealed justice department indictment naming the alleged client for the first time in a filing against extradition from the UK: 'The hacking is alleged to have been commissioned by DCI Group, a lobbying firm representing ExxonMobil.' A newly unsealed indictment from the US attorney's office in New York also alleges that a lobbying firm working on behalf of an oil giant matching Exxon's description hired Forlit to execute a project involving hacking climate activists. Reuters reported that the FBI investigated DCI Group regarding the hacking operation. Public documents show Exxon was a major client of DCI Group, spending over $3 million on lobbying, including $320,000 in 2015, the year the hacking was allegedly commissioned.

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Denials and Responses

DCI Group and Exxon deny involvement. Neither company has been accused of wrongdoing by US authorities. ExxonMobil has previously said it has not been 'involved in, nor are we aware of, any hacking activities. If there was any hacking involved, we condemn it in the strongest possible terms.' The company acknowledges 'climate change is real, and we have an entire business dedicated to reducing emissions.' Craig Stevens, a partner at DCI Group, wrote in an email: 'We do and always have directed all our employees and consultants to comply with the law.' He added that his firm had 'been told by the government that neither DCI nor any of its personnel are under investigation' and had 'no knowledge or understanding' of the alleged hacking activity.

Role of Private Investigators

Forlit's extradition is the result of a years-long effort by the Department of Justice. In 2018, after being alerted about phishing attacks, the justice department began gathering evidence of a coordinated scheme. It uncovered correspondence showing a group of unnamed co-conspirators had emailed Aviram Azari, an Israeli private investigator, suggesting 'we can make some money working together' and inviting him to a business meeting in India. The group then used phishing attacks to hack into email accounts of various targets in the US. In September 2019, federal agents arrested Azari at John F Kennedy International Airport. He was charged with managing hacking projects and pleaded not guilty. After years in prison awaiting trial, Azari pleaded guilty to the hacking charges in 2022 but denied knowledge of the client. Sentencing documents revealed he played a critical role in executing a vast hacking campaign targeting thousands of people worldwide, with clients paying him more than $4.8 million over almost five years. He directed hackers to target specific victims' online accounts.

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Impact on Victims

The justice department investigation confirmed the successful hacking of more than 100 of Azari's victims, including the Exxon critics. The government's sentencing memo said some of the hacked documents stolen from climate advocates' online accounts were leaked to the press, and articles about those hacked documents were incorporated into Exxon's court filings as it battled state attorneys general investigations. After Azari's sentencing, the climate activists were left wondering who ordered the hacking operation. Then the US indictment was unsealed in April 2024, offering tantalizing new details. It alleged Forlit was 'a leader of a sprawling cybercriminal enterprise' via Israel-based intelligence-gathering firms and that his actions involved co-conspirators in the US, UK, Israel and India. The indictment says the operation targeting climate activists was carried out on behalf of a client that is 'one of the world's largest oil and gas corporations, with headquarters in Irving, Texas'. When the indictment was first filed in 2022, ExxonMobil was the only major global oil company with headquarters in Irving, Texas.

Victims React

Jennifer Cunningham, a partner with SKDKnickerbocker and policy consultant to the New York attorney general in 2016, recalled receiving phishing emails. After reviewing the Forlit indictment, she recognized herself as a victim. 'I must be Victim 3? If so, I guess they were successful in hacking in, which I never knew,' she said. Lee Wasserman, director of the Rockefeller Family Foundation, believes he is 'Victim 5'. He received letters from the justice department stating he was a victim. Wasserman hopes the court process will reveal how the idea was hatched, who directed the operation, and who paid for it. 'We're all sitting on the edge of our seats waiting to see if we hear that at trial,' he said. Kert Davies hopes the Forlit case will reveal whether Exxon was involved. 'None of that has been proven yet. So any furtherance of that story and that proof is really important to me, personally, and to a lot of the people who were attacked by this operation 10 years ago,' he said.