If proven, the case would mark the first time one business has attacked another in cyberspace.
Allegedly, Lee Graham Walker, a 24-year-old British citizen and 25-year-old German Axel Gembe, were hired by Orbit Communications Corp. in 2003 and instructed to execute a denial of service attack on Miami-based Rapid Satellite and Los Angeles-based Weaknees. The attack was successful and prevented the companies from conducting online business. Also damaged or incapacitated were several other private and government websites, according to C|NET.
The U.S. government accuses the defendants of causing the targeted companies $200,000 in lost revenue.
"This is the first DDOS attack that's been used in the context of commerce, where one company wanted to take out the websites of other companies" said Erik Silber, the Assistant U.S. Attorney leading the prosecution.
Orbit Communications owner Saad Echouafni, a Moroccan resident, and his associate Paul Ashley were charged in 2004. Paul Ashley pleaded guilty to planning the attacks as ordered by Echouafni.
Ashley has served two years in prison. Echouafni has fled the U.S. The FBI is seeking Echouafni and considers him armed and dangerous.
According to the indictment, the two used a botnet developed by Gembe to flood the targeted computers with malicious traffic disabling them.
Gembe and Walker are each charged with one count of conspiracy and one count of intentionally damaging a computer system.
If convicted, Walker and Gembe each face a maximum of 15 years in prison.