Toney and Davis engaged in a conspiracy to track a third-party's communications and, once Davis learned that the FBI wanted to speak with him, he tried to cover up the illegal activity.
The two men allegedly accessed a protected computer without authorization on nine occasions from April to October of 2010. They allegedly utilized an AOL e-mail address and password belonging to another person. Toney and Davis are charged with one count of obstruction for reformatting and installing a new operating system on a computer after Davis learned of the ongoing FBI investigation. Finally, Toney is charged with obstruction by retaliating against a witness who was cooperating with the FBI investigation.
If convicted, Toney and Davis face maximum up to one year in prison; a $100,000 fine, or both for each of the computer crime charges and five years in prison; and a $250,000 fine or both for each of the conspiracy, identity theft, and obstruction charges.