A federal judge in Massachusetts struck down major sections of a Trump administration executive order  that would have restricted mail-in ballots through the U.S. Postal Service and required states to adopt federally approved voter lists.

The ruling Thursday from Judge Indira Talwani of the U.S. District Court of Massachusetts found those parts of the order were unconstitutional, while declaring another section that directs federal law enforcement agencies to investigate and prosecute noncompliant state and local officials legally nonbinding.

Talwani wrote that the U.S. Constitution empowers States and Congress in different roles but “does not grant the President any specific power over elections.”

While the White House has cited the 2002 Help America Vote Act (HAVA) and Civil Rights-era voting laws as justification, Talwani found those laws do not authorize the government to regulate state voter registration practices.

“Notably, nowhere in HAVA does Congress prescribe who should be included on State voter lists,” Talwani wrote. “Further, neither in HAVA nor any other federal statute does Congress authorize the federal government to create their own voting database. Instead, Congress, consistent with the Constitution, has left that authority to the States alone.”

Talwani also declined to remove President Trump and Commerce Secretary Howard Lutnick as named defendants in the suit, rejecting the administration’s argument that the court could not regulate or intrude upon the president’s’ constitutional authority “in the performance of his official duties.”

“Contrary to Defendants assertion, Presidential action is not inherently unreviewable,” Talwani wrote.

The order, issued in March, instructs the Homeland Security secretary, the director of U.S. Citizenship and Immigrations Services and the commissioner of the Social Security Administration to compile lists of American voters for each state, including their supposed citizenship status.

To build the lists, the agencies would rely on the controversial Systemic Alien Verification for Entitlements (SAVE) database that DHS has been building under the Trump administration, as well as Social Security and federal citizenship and naturalization records.

Those lists would then be sent to states, most of which have already refused similar Trump administration efforts to control voter registration.. The order instructs the Department of Justice to investigate  and prosecute  state and local election officials who issue  ballots to ineligible voters. 

The order also requires mail-in ballots to be sent in special barcoded envelopes for tracking. Crucially, it demands states provide lists of voters eligible for mail-in voting, and threatens to deny ballots to states that refuse. It also claims the attorney general is entitled to withhold federal funding from noncompliant states.

Talwani found that states have shown they already have a rigorous voter registration and verification process to ensure non-citizens and other ineligible voters aren’t able to vote in U.S. elections, and have laws in place to investigate and prosecute those who do.

Executive branch lawyers argued the order was merely an internal federal directive that does not impedestate authorities. But Talwani noted that states like Connecticut were already pulling staff from critical activities, such as translating election materials required under the Voting Rights Act, to develop compliance plans for the order.

Nearly half of the states in the lawsuit have already purchased mail-in ballots for this election cycle that are out of compliance with the Postal Service’s envelope and design standards.

Despite a string of losses in the courts and Congress, the White House has continued to assert broad authority over the way states and localities administer elections.

The Department of Justice has sued dozens of states to force them to hand over sensitive voter data. In the 10 cases decided so far, states have won every one.

In their opinions, judges cited the executive branch’s lack of inherent authority to create state voter lists. Others accused the DOJ of misusing Civil Rights-era laws designed to protect Black and minority voters,  creating an “unreliable” database that would disenfranchise  legitimate voters.

The Massachusetts ruling comes to the same conclusion, with Talwani writing “it is clear that the federal agencies charged with compiling Confirmed Citizen Lists lack the ability to create complete and accurate lists of the U.S. citizens residing in every State.”

On Wednesday, Trump canceled a signing ceremony for a bipartisan housing bill in an attempt to pressure  congressional Republicans to pass the SAVE America Act, which would implement many of the same changes to U.S. elections. In a Truth Social post, Trump said he considered passage of the bill to be a “National Emergency.”

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The Trump administration released a legal opinion outlining the legal rationale behind its nationwide voter data collection efforts, justifying an aggressive federal role in vetting voter eligibility, a position courts have repeatedly rejected in related litigation.

The memo, released Tuesday by the Department of Justice Office of Legal Counsel, concedes that while election administration is “primarily the purview of the states,” the administration’s efforts are a lawful exercise of federal oversight. 

The Justice Department grounds that rationale in a provision of the 1960 Civil Rights Act, requiring election officials to keep voter records for 22 months after an election so it can investigate potential civil rights violations. Under the memo’s reading, that retention rule also gives the Attorney General authority to obtain copies of those records “upon demand in writing.” 

The memo also cites several other federal election laws – like the Help America Vote Act, the National Voter Registration Act and the Voting Rights Act – as support for the executive branch’s efforts. It argues that those statutes have long required states to modernize and secure voting systems (including accessibility upgrades) and maintain accurate voter rolls by removing ineligible voters.

The memo further argues that the potential presence of one or more non-citizens on state voter rolls is enough to trigger the federal government’s nationwide data collection and sharing efforts with immigration authorities.

“Because illegal aliens are ineligible to vote, these generally applicable laws are also implicated by an illegal alien’s presence on a state’s voter rolls,” the memo states.

Multiple federal courts have come to the opposite conclusion, dismissing half a dozen lawsuits from DOJ and the Department of Homeland Security that would force states to comply. Further, states have repeatedly confirmed through recounts, audits, investigations and lawsuits that the number of non-citizens registered to vote (and who end up actually casting ballots) in U.S. elections is infinitesimal.

David Becker, executive director of the Center of Election Innovation and Research, noted in a post on BlueSky that “6 courts, including 2 judges appointed by the current president, think this ‘opinion’ isn’t worth the paper it’s written on.” Becker, a former DOJ senior trial attorney in the voting section of the Civil Rights Division, has consistently argued that the executive branch and White House have no legal or constitutional role to play in vetting state voter registration. 

Sarah Copeland Hanzas, Secretary of State for Vermont, gave a similar reaction when CyberScoop reached out for comment.

“It’s not worth the paper it’s printed on,” Hanzas said in a statement. “Or the electrons it takes to store and transmit 41 pages of fantasy.”

Election officials have largely resisted the federal government’s demands. Earlier this year, West Virginia Secretary of State Kris Warner told CyberScoop he had no intentions of handing over more information than is already publicly available.

“If they want it, they can have it: $500 dollars for [anyone to buy] the statewide list, but they’re not getting personal information,” Warner said in a January interview. “State law says we’re not sharing that and my job is to carry out the law laid out by the West Virginia legislature.”

The inability of the federal government to point to serious evidence of mass voter fraud or non-citizen voting has led states to rebuff attempts to collect sensitive data on every voter in their state, including names, social security numbers, home addresses, voter history and other details.

The administration says it intends to cross-check state data against immigration records, share that data with DHS and immigration enforcement agencies and ultimately create its own list of eligible voters. An executive order issued by the White House earlier this year sought to deny federal funding to states that did not accept voter lists from the federal government and directed the Attorney General to investigate state election officials for voter roll discrepancies. Voting groups have challenged the order’s legality, and a previous election-related executive order was largely ruled unconstitutional by the courts.

The administration has sued dozens of states who have refused to hand such data over, though it has yet to convince courts of the merit. One judge called the administration’s efforts “unprecedented and illegal” and accused the administration of twisting the Civil Rights Act and other federal laws that were passed “to protect hard won civil rights victories allowing access to the ballot box” in order to obtain unfettered access to state voter data.

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A Ukrainian man indicted in 2012 for conspiring with a prolific hacking group to steal tens of millions of dollars from U.S. businesses was arrested in Italy and is now in custody in the United States, KrebsOnSecurity has learned.

Sources close to the investigation say Yuriy Igorevich Rybtsov, a 41-year-old from the Russia-controlled city of Donetsk, Ukraine, was previously referenced in U.S. federal charging documents only by his online handle “MrICQ.” According to a 13-year-old indictment (PDF) filed by prosecutors in Nebraska, MrICQ was a developer for a cybercrime group known as “Jabber Zeus.”

The Jabber Zeus name is derived from the malware they used — a custom version of the ZeuS banking trojan — that stole banking login credentials and would send the group a Jabber instant message each time a new victim entered a one-time passcode at a financial institution website. The gang targeted mostly small to mid-sized businesses, and they were an early pioneer of so-called “man-in-the-browser” attacks, malware that can silently intercept any data that victims submit in a web-based form.

Once inside a victim company’s accounts, the Jabber Zeus crew would modify the firm’s payroll to add dozens of “money mules,” people recruited through elaborate work-at-home schemes to handle bank transfers. The mules in turn would forward any stolen payroll deposits — minus their commissions — via wire transfers to other mules in Ukraine and the United Kingdom.

The 2012 indictment targeting the Jabber Zeus crew named MrICQ as “John Doe #3,” and said this person handled incoming notifications of newly compromised victims. The Department of Justice (DOJ) said MrICQ also helped the group launder the proceeds of their heists through electronic currency exchange services.

Two sources familiar with the Jabber Zeus investigation said Rybtsov was arrested in Italy, although the exact date and circumstances of his arrest remain unclear. A summary of recent decisions (PDF) published by the Italian Supreme Court states that in April 2025, Rybtsov lost a final appeal to avoid extradition to the United States.

According to the mugshot website lockedup[.]wtf, Rybtsov arrived in Nebraska on October 9, and was being held under an arrest warrant from the U.S. Federal Bureau of Investigation (FBI).

The data breach tracking service Constella Intelligence found breached records from the business profiling site bvdinfo[.]com showing that a 41-year-old Yuriy Igorevich Rybtsov worked in a building at 59 Barnaulska St. in Donetsk. Further searching on this address in Constella finds the same apartment building was shared by a business registered to Vyacheslav “Tank” Penchukov, the leader of the Jabber Zeus crew in Ukraine.

Penchukov was arrested in 2022 while traveling to meet his wife in Switzerland. Last year, a federal court in Nebraska sentenced Penchukov to 18 years in prison and ordered him to pay more than $73 million in restitution.

Lawrence Baldwin is founder of myNetWatchman, a threat intelligence company based in Georgia that began tracking and disrupting the Jabber Zeus gang in 2009. myNetWatchman had secretly gained access to the Jabber chat server used by the Ukrainian hackers, allowing Baldwin to eavesdrop on the daily conversations between MrICQ and other Jabber Zeus members.

Baldwin shared those real-time chat records with multiple state and federal law enforcement agencies, and with this reporter. Between 2010 and 2013, I spent several hours each day alerting small businesses across the country that their payroll accounts were about to be drained by these cybercriminals.

Those notifications, and Baldwin’s tireless efforts, saved countless would-be victims a great deal of money. In most cases, however, we were already too late. Nevertheless, the pilfered Jabber Zeus group chats provided the basis for dozens of stories published here about small businesses fighting their banks in court over six- and seven-figure financial losses.

Baldwin said the Jabber Zeus crew was far ahead of its peers in several respects. For starters, their intercepted chats showed they worked to create a highly customized botnet directly with the author of the original Zeus Trojan — Evgeniy Mikhailovich Bogachev, a Russian man who has long been on the FBI’s “Most Wanted” list. The feds have a standing $3 million reward for information leading to Bogachev’s arrest.

The core innovation of Jabber Zeus was an alert that MrICQ would receive each time a new victim entered a one-time password code into a phishing page mimicking their financial institution. The gang’s internal name for this component was “Leprechaun,” (the video below from myNetWatchman shows it in action). Jabber Zeus would actually re-write the HTML code as displayed in the victim’s browser, allowing them to intercept any passcodes sent by the victim’s bank for multi-factor authentication.

“These guys had compromised such a large number of victims that they were getting buried in a tsunami of stolen banking credentials,” Baldwin told KrebsOnSecurity. “But the whole point of Leprechaun was to isolate the highest-value credentials — the commercial bank accounts with two-factor authentication turned on. They knew these were far juicier targets because they clearly had a lot more money to protect.”

Baldwin said the Jabber Zeus trojan also included a custom “backconnect” component that allowed the hackers to relay their bank account takeovers through the victim’s own infected PC.

“The Jabber Zeus crew were literally connecting to the victim’s bank account from the victim’s IP address, or from the remote control function and by fully emulating the device,” he said. “That trojan was like a hot knife through butter of what everyone thought was state-of-the-art secure online banking at the time.”

Although the Jabber Zeus crew was in direct contact with the Zeus author, the chats intercepted by myNetWatchman show Bogachev frequently ignored the group’s pleas for help. The government says the real leader of the Jabber Zeus crew was Maksim Yakubets, a 38-year Ukrainian man with Russian citizenship who went by the hacker handle “Aqua.”

The Jabber chats intercepted by Baldwin show that Aqua interacted almost daily with MrICQ, Tank and other members of the hacking team, often facilitating the group’s money mule and cashout activities remotely from Russia.

The government says Yakubets/Aqua would later emerge as the leader of an elite cybercrime ring of at least 17 hackers that referred to themselves internally as “Evil Corp.” Members of Evil Corp developed and used the Dridex (a.k.a. Bugat) trojan, which helped them siphon more than $100 million from hundreds of victim companies in the United States and Europe.

This 2019 story about the government’s $5 million bounty for information leading to Yakubets’s arrest includes excerpts of conversations between Aqua, Tank, Bogachev and other Jabber Zeus crew members discussing stories I’d written about their victims. Both Baldwin and I were interviewed at length for a new weekly six-part podcast by the BBC that delves deep into the history of Evil Corp. Episode One focuses on the evolution of Zeus, while the second episode centers on an investigation into the group by former FBI agent Jim Craig.