[emn13]

The two aren't mutually exclusive. With laws as vague and broad as they are it's easy to conceive of a situation wherein charges are brought "after the fact" - as in, not because whatever occurred was significant enough to merit prosecution, but rather because the person was significant enough to merit prosecution.

In all cases (without exception) where that's the case, the result is legal, yet not something that can properly be called justice. The current circumstances sure look like this, but it is - of course - still a little to early to tell.

So did marcus plan and execute a serious crime, or did a series of events occur that happened to include hacking tools and sales to individuals that can be presented as criminal, such that a little creative cherry-picking can weave a nefarious tale?