On Aug. 28, the U.S. Attorney’s Office for the Western District of Washington announced a grand jury indictment of alleged Capital One hacker Paige Thompson. While prosecuting and landing a conviction for data breach crimes is uncommon, the U.S. Attorney’s office has already cleared a significant hurdle: getting the defendant into custody—a feat rarely accomplished in data breach cases, former federal prosecutors said.

In late July, Thompson was arrested for accessing Capital One’s online data through a misconfiguration on the bank’s third-party cloud computing service, which reports claim is Amazon Web Services (AWS).