At least: that's what the prosecutors are asking for.
http://www.wired.com/threatlevel/2010/04/patrick-toey/Some very indepth reporting here.
Quote:
The hack into Heartland Payment Systems, for example, which resulted in the loss of data on more than 100 million credit and debit card accounts, was actually conducted by two Russian hackers, identified in court documents only as “Grigg” and “Annex.”
Toey, whom prosecutors call a “trusted subordinate” of Gonzalez, also set up and maintained two servers for Gonzalez in Latvia and Ukraine, which were used to launch the hacks against corporate networks, and to store malware and stolen card data.
Toey’s attorney says that while living in Gonzalez’s condo, his client “began to realize it was only a matter of time before he and his cohorts were caught.” He wanted to end his life of crime and get a legitimate job, but didn’t know how to go about this, given his lack of education and work history.
His attorney says he was relieved when the condo was raided in May 2008 and he was arrested.
“It was a load off my shoulders,” his attorney quotes him saying. “I had been tired of doing this stuff for Albert for a while before I got arrested.”
SiL