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New Jersey, Video Game Company Reach Settlement In Bitcoin Case

NEWARK, N.J. (CBSNewYork/AP) -- An online video game company will pay a $1 million settlement after being accused of infecting thousands of computers with malicious software and using that access to illegally mine for the electronic currency bitcoin, New Jersey's acting attorney general John J. Hoffman, announced Tuesday.

The settlement is with with E-Sports Entertainment, which bills itself as the "largest competitive video gaming community in North America,'' according to court documents.

The company charges users $6.95 a month to play popular games including Counter Strike and Team Fortress 2 alone or against one another on what they said is a platform that does not allow cheating.

In order to play, users must download E-Sports software onto their computers. When downloaded, the software has administrative access to the computer. It was through that software that two company employees, a co-founder and a software engineer, installed code allowing them to mine for Bitcoins without the users' knowledge, authorities said.

The Commack, N.Y.-based company's co-founder, Eric Thunberg, and software engineer, Sean Hunczak, were involved in the settlement. Messages for Thunberg and Hunczak and the E-Sports headquarters were not immediately returned.

Bitcoin is a cybercurrency that is relatively anonymous. They are created and exchanged independent of any government or bank. Some retailers allow the money to be used, and the currency can be converted into cash after being deposited into so-called wallets.

Hoffman said E-Sports seized control of about 14,000 computers in New Jersey and nationwide.

"These defendants illegally hijacked thousands of people's personal computers without their knowledge or consent and in doing so gained the ability to monitor their activities, mine for virtual currency that had real dollar value, and otherwise invade and damage their computers," Hoffman said in a statement.

Hoffman said computers were mined for Bitcoins in April, and the software was set up to do so only when users were away from the machine. The software could determine if a person was active by the movements of the computer's mouse.

Hoffman said Hunczak created four wallets for the mined Bitcoins. Hunczak converted the Bitcoins into about $3,500 and had them deposited into his bank account.

As part of the agreement, the company must not provide customers with services that are downloaded without their consent, and agreed to put in place a comprehensive privacy and data security program. The company must only pay $325,000 of the $1 million fine if it complies with all terms for the next 10 years.

Bitcoin and other electronic monies are under increased scrutiny. At a hearing before the Senate Committee on Homeland Security on Governmental Affairs, federal law enforcement officials told lawmakers that Bitcoin and other companies should receive greater scrutiny from financial regulators and other authorities. In an August memo, New York state Financial Services Superintendent Benjamin Lawsky said virtual currencies are the ``wild west'' for criminals including drug dealers and the under-the-radar transactions could threaten national security.

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(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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