This is an update to the story previously reported on SecurityHive.com.
A civil trial arising out of what is believed to be the biggest prescription drug theft in American history has been adjourned until October 19 to accommodate the request of Tyco Integrated Security, f/k/a ADT (NYSE: TYC) to depose Amed Villa, a burglary-gang member in prison awaiting sentencing for the crime. Previously, the trial had been set to begin July 20. The litigation could have impact on both cyber-security and traditional security, which are increasingly integrated.
The judge also denied last-ditch attempts by litigation defendant ADT / Tyco to avert trial by challenging the Court?s decision on the law applicable to the alleged security breach. ?Indeed, Tyco is unable to direct the Court to a single instance where a court has found the injury in the context of data breaches to be where the information was utilized as opposed to where the information was obtained,? wrote U.S. District Judge Beth Bloom. In a previous ruling, the court had cited evidence that a former employee of ADT / Tyco and relative of one of the burglars had access to confidential information on Tyco?s network long after his employment was terminated.
The complaint alleges that ADT / Tyco, one of the nation?s leading security providers, inadequately protected sensitive information about the security system of its clients, leading to the 2010 burglary of an Enfield, CT warehouse utilized by pharmaceutical company Eli Lilly.
The burglary resulted in over $78 million of calculable losses to Lilly and was one of several large thefts connected by the FBI to a Florida-based Cuban burglary ring operating nationwide. The complaint points to three of the other thefts at ADT / Tyco- secured sites as evidence of an alleged pattern of inadequate protection of its clients? confidential information by ADT / Tyco. The burglars were able, in each case, to identify exactly where to cut entry holes, and avoid or disable all security provided by ADT / Tyco.
In a previous order requiring ADT / Tyco to produce additional documents, the court noted that in addition to the thefts cited in the Complaint: ?This Court finds that the three additional burglaries were allegedly conducted by the same Florida based burglars and allegedly employed the same techniques as those employed in Eli Lilly?s burglary and occurred within a short temporal span of the burglary at issue herein,? the judge wrote.
The lawsuit specifically alleges that as part of an effort to sell Eli Lilly on more security equipment, ADT / Tyco provided a report for Lilly, called a Confidential System Proposal, weeks before the crime.
The report highlighted faults and blind spots in the security system and detailed the ?actual coordinates of every motion detector, beam, roof hatch, intercom, overhead door contact, fixed camera, panic button, card recorder, glass break sensor, control panel and keypad,? the court filings allege. The thieves burglarized the facility before Eli Lilly had a chance to act on the advice.
The burglars, who were eventually caught by the FBI, pled guilty to stealing thousands of boxes of Zyprexa, Cymbalta, Prozac, Gemzar, and other pills – which were loaded into the back of a tractor-trailer after the thieves cut a hole in the roof, rappelled down into the warehouse and disabled the alarm.
In carrying out the Lilly theft, ?Defendants Amaury Villa and Amed Villa crossed the entire length of the roof of the distribution warehouse to arrive at a small area comprising less than 1% of the total surface area of the roof,? the complaint states. ?This location was identified on the 2010 ADT/TYCO Confidential System Proposal as above an area unmonitored by the existing security equipment and adjacent to the MCC room which was identified in the 2010 ADT/TYCO Confidential System Proposal by ?x? and ?y? coordinates as requiring additional intrusion detection devices and cameras.?
From there, the complaint continues, the defendants rappelled ?from the small location on the roof to the unmonitored area of the warehouse and accessed the MCC room undetected by monitoring equipment and disabled the existing security systems master controls, telecommunications systems and cell batteries to the back-up communications systems.?
The case is styled NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, as subrogee Eli Lilly and Company, v. TYCO INTEGRATED SECURITY, LLC, et al. The case is pending in U.S. District Court in the Southern District Florida. Copies of the complaint and judge?s order are available on request.
Source: plainsite.org