Mr Cowhig told the court that Hutchins and his unnamed co-defendant, who is still at large, were caught when undercover officers bought the code.
The Guardian reports: "According to an indictment released by the US Department of Justice on Thursday, Hutchins is accused of having helped to create, spread and maintain the banking trojan Kronos between 2014 and 2015".
Hutchins, from Ilfracombe, Devon, gained worldwide attention for detecting a "kill switch" that effectively disabled the WannaCry worm in May.
A Justice Department spokesman confirmed that 22-year-old Hutchins was arrested on Wednesday in Las Vegas. Casez, however, was reported to have taken his life inside his jail cell. "Rather, it's making, selling or advertising 'any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the goal of the surreptitious interception of wire, oral, or electronic communications.' In other words, the problem is that the malware was designed so that its primary use was to engage in surreptitious wiretapping". However, it was not stated if the malware was also sold through AlphaBay.
Hutchins' arraignment was postponed Thursday in U.S. District Court in Las Vegas by a magistrate judge who gave him until Friday afternoon to determine if he wants to hire his own lawyer.
If found guilty, Hutchins and his co-defendant could face up to 40 years in prison. Would he get that?
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"What I can say is that if Hutchins is innocent, there will undoubtedly be many questions asked as to how the Federal Bureau of Investigation could have got things so wrong, and the risk that damage will be done to the relationship between the computer security community and law enforcement", Cluley said.
Ekeland further said that it would be "highly likely" that Hutchins will be refused bail because he is not a USA citizen and could be deemed as a flight risk.
He will appear in court again on Tuesday and is expected to formally enter pleas then.
"There's not a single allegation that he made any money or anybody came to any harm from it. It's legally weird and there's little detail". It was unsealed at the time of his arrest. However, there is no concrete evidence that the withdrawals are connected to the arrest of Hutchins.
Magistrate Judge Nancy Koppe said Hutchins is not a danger to the community and has sufficient community support to not be a flight risk.
One legal scholar who specialises in studying computer crime told AP it's unusual, and problematic, for prosecutors to go after someone simply for writing or selling malware - as opposed to using it to further a crime. Let us know in the comment section below!