SAN JOSE, California – In a shocking crime, Kristin Nyunt, 40, most recently of Monterey Calif., pleaded guilty in federal court in San Jose today, to wiretapping charges, announced United States Attorney Melinda Haag and FBI Special Agent in Charge David J. Johnson.

Nyunt admitted that from 2010 to 2012 she possessed spy software, including Mobistealth, StealthGenie, and mSpy, knowing that they were primarily useful for the purpose of the surreptitious interception of wire, oral, and electronic communications. She purchased and downloaded this software on-line, via the Internet, and eventually installed the software on cell phones and computers involved in communications that she intended to intercept.

The spyware had functions that allowed her to record phone calls, texts, voicemail, e-mail, appointments, digital address and contact information, photographs and videos, and oral conversations involving the phones and computers that she corrupted. The communications she intercepted included private e-mail communication and texts between individuals who were unaware that she was monitoring them.

In one instance, she was paid money by the husband of a victim to spy on her and intercept her private communications using this software. Nyunt further admitted that she repeatedly used a feature of the spyware that allowed her to activate the microphone of a cell phone, without the consent or knowledge of its user, for the purpose of eavesdropping on and recording oral conversations that were taking place in the vicinity of the phone, all without the consent or knowledge of the participants in those conversations.

Among the communications she thus intercepted included sensitive law enforcement communication, which she accomplished by surreptitiously installing spyware on the cellular telephone of a police officer without his consent or knowledge.

Nyunt, age 40, was charged by information on Oct. 17, 2014, with one count of interception of communications, in violation of 18 U.S.C. §§ 2511(1)(a) and 4(a), and one count of possession of interception devices, in violation of 18 U.S.C. § 2512(1)(b). Under the plea agreement, Nyunt pleaded guilty to both counts.

The maximum statutory penalty for each count of conviction is five years imprisonment and a fine of $250,000, plus restitution. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

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