1/06/2009
Messing With MySpace
You know, I once had a neighbor friend who does P.I. work brag to me at a party about doing
just this sort of thing. (the dummy MySpace account part, not the despicable tormenting of teenagers thing). Of course at the time this individual had no clue of my background. I guess she thought she sounded pretty cool and cloak and dagger to the surrounding cluster of suburbanites. All I could think of was unnecessary blowback for my client and unpleasant legal bills for me. To each his (or her) own, I guess, but
I do hope she reads PIBuzz.-- MDT
Labels: blowback, MySpace, pretexting, undercover
11/17/2008
Texas Pretexters Shut Down
And good riddance.This stuff is a plague on the profession...
-- MDT
Labels: pretexting
6/22/2008
P.I.s Plead Guily On Charges of Using Pretexting to Access Phone Records
Naughty naughty.
Investigators
Christopher Hackett (of Swift Investigations) and Darren Whalley (of Managed Credit Services) did the deed on behalf of
Black Horse Finance, a subsidiary of
Lloyds TSB Bank.
The two were fined a few hundred pounds each, plus court costs. I like to think they made at least that much for their work on the case.
-- MDT
Labels: Black Horse, Christopher Hackett, Darren Whalley, pretexting
5/29/2008
Raid at Deutsche Telekom HQ
Investigators are
seeking further information on the German telecom giant's organized spying campaign on journalists and company employees. Notably,
DT has admitted surveilling
Financial Times Deutschland reporter, Tasso Enzweiler. FTD is owned by mega-media conglomerate,
Bertelsmann which has mad its own noises about pursing criminal and civil actions against the overzealous DT. Deutsche Telekom, for its part, is in full spin mode, announcing
the company's own investigation into the illegal activities.
-- MDT
Labels: Bertelsmann, Deutsche Telekom, HP, pretexting, Tasso Enzweiler
2/14/2008
HP Reaches Settlement With Journalists on Corporate Spying
The New York Times is reporting on a private settlement reached between HP and several journalists over HP's acquisition of the journalists private phone records. HP, aided an abetted by law firm Wilson Sonsini famously went on the war path against C-suite leaks under the direction of then CEO Patricia Dunn. Enlisting a small army of investigators from all across the country HP was determined to identify and eradicate the source of the troublesome leaks - by any means necessary.
The means ended up being a smorgasborg of high level and low level investigative tasks - from surveillance to pulling trash to the acquisition of phone records belonging to company board members as well as reporters. In the course of what became known as the Kona II investigation HP board member and Silicon Valley royalty, Tom Perkins - a suspected leaker - got wind of the activities. Perkins subsequently resigned from the board, which in a bit of executive gamesmanship, forced HP to file an 8K with the SEC reporting the departure - and the reason behind it.
About that time the proverbial shit hit the fan and the story was splashed across business pages from here to
Taipei.
HP has already skated on any meaningful civil or criminal charges (the firm paid a $14.5 million settlement to head off charges in California), but the attention brought by the pretexting fracas led to new Federal legislation closing the legal loophole that had allowed private investigators to use pre-textual techniques to obtain private phone records. While this latest news of a private settlement brings to a close one more aspect of the story five additional lawsuits brought by journalists and their families remain pending. You an be sure we'll bring further happenings on those cases to your attention.
-- MDT
Labels: HP, Patricia Dunn, pretexting, Tom Perkins, Wilson Sonsini
12/20/2007
FTC Settles With Pretexting Phone Record Thieves
Wired has the full details, including a breakdown of the defendants and associated judgments. Kind of a wimpy showing from the Feds if they expect to deter this type of conduct. NetworkWorld
supplies the incredulity.-- MDT
Labels: FTC, pretexting, private investigator
12/17/2007
The State of Pretexting
CSOonline. com - can't say I was previously familiar. But they have an interesting piece up today on the state of pretexting written by
Joseph Burton and
Gregory G. Iskander both of
Duane Morris. Includes a review of the new federal law, a breakdown of the relevant state laws as well as a section on the "Implications for Corporate Investigators."
Check out
Pretexting: The Legal Basics, Then and Now right here.
-- MDT
Labels: pretexting
12/12/2007
Wired Magazine Covers the PI Pretexting Embroglio
Investigators from Washington, California, Oregon, Texas and New York are all involved in this pretexting mess:
Emilio Torrella, BNT Investigations, Washington State
Brandy Torella, BNT Investigations, Washington State
Steve Berwick, BNT Investigations, Washington State
Victoria Tade, C.I., Inc., California
Megan Ososke, P.I. and Information Services, Oregon
Robert Grieve, Robert Greive International, Texas
Ziad Sakhleh, Robert Greive International, Texas
Darci Templeton, sole proprietor, Texas
Patrick Bombino, AAA Allstate Investigations, New York
Esau Pinto, AAA Allstate Investigations, New York
Primaries and subcontractors are both represented here... It seems pretty clear that in the wake of the HP publicity one step removed isn't going to be a helpful buffer when it comes to pretexting / ID theft-related allegations.
And that's a good thing. This kind of conduct is an insult to the investigative process - whereby legitimately obtained public records and source interviews produce actionable information on behalf of clients.
Check out the
comments from Wired's information security blog right here and don't miss
the link to the full indictment, (filed in the Western District of Washington State) which should make for interesting reading.
-- MDT
Labels: indictment, pretexting, private investigator
9/26/2007
Putting Pretexting to Bed
Great article at Law.com on pretexting in the context of corporate investigations from the esteemed
Bridget M. Rohde of Mintz Levin.
Highly, highly recommended for P.I.s and the people who hire them.
-- MDT
Labels: Bridget Rohde, Mintz Levin, pretexting
5/09/2007
Journos Plan to Sue HP on Invasion of Privacy
Three journalists targeted in Patricia Dunn's Kona II leak investigation have retained the services of
Panish Shea & Boyle and
plan to sue HP for invasion of privacy.
Dawn Kawamoto, Stephen Shankland and Tom Krazit, who all work for CNet's online news service, are not seeking monetary compensation. Rather, they are seeking punative measures against HP for the company's conduct, which included obtaining the journalists phone records under false pretenses - pretexting.
For another account of how HP treated journalists throughout their Kona II investigation, recall the account of the Wall Street Journal's Pu Wing Tam
"HP Had me Surveilled for a Year."-- MDT
Labels: Brian Panish, CNet, HP, Panish Shea and Boyle, pretexting
5/01/2007
Kroll Investigator Goes Fishing in Hong Kong, Gets Hooked
Here's one from the vaults...
An interesting post that I only just ran across from former investment banker David Webb who now runs Webb-site.com, which comments on "corporate and economic governance, business, finance, investment and regulatory affairs in Hong Kong."
On his site, Webb describes at length how, back in 1999, he was able to
out a Kroll investigator who, using the pretext of a Seattle-based journalist, was attempting to gather information on a Hong Kong development project.
While I am not sure that Kroll's interest in Mr. Webb's commentary ultimately reflected the "startling implications for press freedom in Hong Kong" that Webb implies, it is interesting to review how things went down. (NOTE: Email headers are not private...).
The silly thing is that Kroll used a pretext at all. You'd think that simply asking the guy might have worked better...
Anyway...not exactly a hot off the presses story, but
a cautionary tale for your friendly neighborhood investigator.
-- MDT
Labels: blowback, Hong Kong, Kroll, pretexting
4/04/2007
New Pretexting Rules Delivered By the FCC
Techdirt does their usual bang-up job covering
the FCC's new ruling that puts further restrictions on pretexting. Unlike the recent anti-pretexting law that was passed in the U.S., which was aimed squarely at the pretexters themselves the FCC action is designed to plug the holes on the other side of the conversation, establishing more secure practices within telecom companies to prevent the exposure of personal data. Better alert practices for consumers and law enforcement are also part of the package. Amongst the consequences of the FCC's new ruling are:
- Phone companies cannot release customer phone call records unless the customer provides a password. In the absence of a password, the company can only send the data to the customers' address of record or call the customer back at their phone number of record.
- Carriers must notify the customer immediately if their password changes.
- Telcos must get explicit consent from customers before sharing calling data with marketing partners and independent contractors.
- Carriers must submit an annual certification to the FCC that includes actions taken against pretexters and a summary of relevant complaints from consumers.
Check out
the full pretexting piece from Techdirt, or go straight to the horses mouth and read the
FCC's order (Look for date: 4/2/07).
-- MDT
Labels: FCC, identity theft, pretexting, Techdirt
3/16/2007
California Drops Criminal Charges Against HP's Patricia Dunn.
Talk about a lot of sound and fury signifying nothing... The California AG, who was full of tough talk only a few months back when it came to the HP pretexting scandal,
has dropped criminal charges against HP's former Chairman, Patrician Dunn.
They've also
reached plea agreements with her co-defendants (former ethics chief Kevin Hunsaker and private investigators Ronald DeLia and Matthew DePante) basically amounting to restitution and community service.
Still, Federal pursuit of prosecution is not entirely out of the question. To date only PI. Bryan Wagner has so far faced federal felony charges. He previously
plead guilty to both identity theft and conspiracy.
-- MDT
Labels: Bryan Wagner, HP, Kevin Hunsaker, Kona II, Patricia Dunn, pretexting, Ronald DeLia
3/13/2007
Harpers Digs in on HP Kona II Pretexting Docs
From Harpers's January issue...just snippits but worth revisiting.
Always be careful what you put in an email, Mr. Hunsaker (HP's "I shouldn't have asked" ethics director).
Hat tip to
The Consumerist.
-- MDT
Labels: Harpers, HP, Kona II, pretexting, The Consumerist
3/12/2007
HP Stock Option Investigation Moves Forward
The HP pretexting debacle is barely cold but the maker of those printer cartridges that
always seem to fail on nice round page numbers has another problem on the horizon, and a familiar one at that. HP has received notice from the U.S. senate, which is seeking the company's help in gaining a deeper understanding of Mercury Interactive's stock option irregularities. HP knew about MI's backdating issues when it purchased the company back in July 2006 but assured investors it was no big deal. Click
here for more on HP's legal outlook.
-- MDT
Labels: backdating, HP, Mercury Interative, pretexting, stock options
2/20/2007
Anti-Pretexting Bill Becomes Law
House Resolution 4709, recently signed into law by the President explicitly protects telephone records by using pretextual tactics. The law disallows the sale of telephone records without the explicit prior approval of the customer (be careful what you sign...).
-- MDT
Labels: legislation, pretexting
2/09/2007
Allied Capital Cops to Swiping Einhorn's Private Phone Data
In response to a subpoena from the U.S. attorney's office for the District of Columbia,
Allied Capital has owned up to hiring private investigators to obtain the phone records of David Einhorn, hedge-fund manager and proprietor Greenlight Capital.
Heretofore Allied had denied doing any such thing, over
Einhorn's protestations and those of several others who also suspected that they were the victims of similar misconduct. Among that number would be
Herb Greenberg, noted business journalist of TheStreet.com.
As in the HP embroglio, the suspicion here is that the investigators hired by Allied used pretextual tactics to obtain the private phone records - essentially, that they
pretended to be Einhorn, Greenberg, etc. to get access to the victim's private documents.
While the name of the particular P.I. firm hired to do this bit of dirty work hasn't come out yet, as with the individuals involved in
the HP Kona 2 investigation, it is just a matter of time. We'll see if prosecutors choose to go as hard after Allied as the feds and California AG have with HP.
And to you loyal, if sporadic,
Daily Caveat commenters who just knew that Mr. Einhorn, poker playin', short sellin' goat that he is, was making it all of this up, let me officially, maturely say un to you...
neener neener.
More on the Einhorn/Allied blood feud,
from Forbes.
-- MDT
Labels: Allied Capital, BLX, David Einhorn, Herb Greenberg, Patrick Harrington, pretexting, Small Business Administration
HP Taps New Top Counsel
Michael Holston will assume
the role of vice president and general counsel for HP, which cleaned house after news of Patricia Dunn's Kona 2 investigation exploded into the newspapers. Holston replaces Ann Baskins who departed HP in September in response to the scandal over the technology company's internal leak investigation.
Investigators working on behalf of HP used pretextual tactics (in this case, assumed identities) to access private phone records of HP directors and even journalists, hunting for the source of high level company leaks. These tactices were supposedly vetted by HP's general counsel's office and also run past outside counsel Wilson Sonsini. WS has also been dumped by HP as the company tries to creep out from under the long shadow of its own making.
-- MDT
Labels: HP, Patricia Dunn, pretexting, Wilson Sonsini
1/29/2007
HP Not New to Pretexting for Phone Records, So Claims Former VP
Charges of pretexing used in other instances by HP? Former HP vice president of business development, Karl Lambe's case was dismissed, but his allegations
sure are interesting...
Meanwhile, it looks like HP PI, Bryan Wagner, who we las saw pleading guilty and gearing up to testify for the prosecution, won't be facing state charges. Prince among men, Peter Henning at the White Collar Crime Prof blog
has the reasons why.
-- MDT
Labels: Bryan Wagner, HP, Karl Lambe, Peter Henning, pretexting
1/22/2007
Companies Lack Policy on Pretexting...
...and Delloite & Touche
wants you to know about it. Check out the results of their
online "prexting" poll of 230 financial executives. Also included is an, I think useful, outline of what one should be mulling over when considering hiring investigators on a company's behalf:
- Be clear at the outset how investigators will achieve the results desired, and define objectives, scope and how the information is to be reported.
- Be wary of investigators who say they can get bank account information or information only available to law enforcement.
- Understand that liability for an illegal investigation will likely extend to the organization that hired the investigator, not just the investigator himself.
- Establish written guidelines regarding the use of investigators, and establish clear reporting lines.
- Make sure you investigate your investigator, and find out whether they use subcontractors, and what kind of arrangement they have with these subcontractors.
Frankly, if an investigator doesn't provide you with some sort of case proposal that roles out or defines
all of the above points for you before you even have to ask,
do not hire them.
Now print this out and put it in the top drawer of your desk...
-- MDT
Labels: Deloitte, pretexting, prosecution guidelines
1/19/2007
More on Bryan Wagner Guilty Plea, HP PI To Flip For Prosecution
From the
SacBee, one of those stories I meant to post late on Friday but has gotten held over until today. Last week, when the papers were hinting that HP subcontractor, Bryan Wagner would be testifying for the prosecution,
here's why:
Bryan Wagner, who faces federal identity theft and conspiracy charges, is accused of posing as a journalist to access the reporter's private phone records as part of the computer and printer maker's ill-fated attempt to ferret out the source of boardroom leaks to the media. The way Wagner was charged Wednesday - he agreed to waive grand jury proceedings - suggests he's likely cooperating with investigators aiming for more high-profile targets, said Matthew Jacobs, a former federal prosecutor in San Francisco who is now in private practice.
"The government likes to start at the lowest point in the chain of responsibility and flip people," Jacobs said. "What it signals is that the government is trying to build the case against those more senior.
More on Wagner's fate via
The Sacramento Bee.
-- MDT
Labels: Bryan Wagner, HP, identity theft, indictment, pretexting
1/17/2007
Sentencing in June for HP Private Investigator
Following
Bryan Wagner's guilty plea. a date has been set for his sentencing -
June 20th 2007. Wagner's lawyer has also, apparently, confirmed that Wagner will be testifying for the prosecution.
Labels: Bryan Wagner, HP, identity theft, pretexting
1/16/2007
HP Private Investigator Pleads Guilty to Identity Theft
Bryan Wagner takes a fall.
This guy is
not even 30...a cautionary tale for P.I.s who put saying "yes" to a client above the client's best interest - and their own...
Wagner's actions were undoubtably
pursuant to the request and at the direction of someone. And we'll find out the who, because
Wagner seems to be cooperating. Federal prosecutors are not going to settle for busting the chops of some subcontractor when he can give them HP top brass and, perhaps, a few names from Wilson Sonsini too.
Check out the typical great collection of links on the story from
The Jurist.
-- MDT
Labels: Bryan Wagner, HP, identity theft, pretexting, Wilson Sonsini
1/12/2007
P.I. Faces Criminal Indictment in HP Pretexting Case
This would not be the folks from the Boston-area firm,
Security Outsourcing Solutions, that you've read about previously, but rather P.I. Bryan Wagner our of San Francisco.
Wagner has been indicted in California on charges of utilizing the social security number of a journalist to obtain that individual's telephone records. He apparently did so at the direction of HP execs, their legal team or other investigators working on HP's behalf as a part of their internal
"Kona 2" investigation to identify the source of HP's persistent high-level media leaks.
Wagner is facing charges of conspiracy and identity theft, which could carry penalties of up to seven years in jail. That California AG's office had previously announced that they were
going to go hard on this matter and it looks like they are following through on the threat. It is expected, though, that the Wagner indictment is just bait to catch bigger fix. He is expected to cooperate with authorities.
Read
more on the Wagner indictment via the IHT.
-- MDT
Labels: Bryan Wagner, HP, identity theft, Joseph DePante, Patricia Dunn, pretexting, Ronald DeLia, Wilson Sonsini
1/10/2007
In Defense of Pretexting
Kevin Bousquet is the patriarch of
The Corpa Group, a private investigative group based in Ontario, Canada. He's got a slick blog set up
over here and the latest entry is a
critique of proposed anti-pretexting legislation that is currently pending in our neighbor to the north. Bousquet gives pretexting-as-investigative tactic the strongest advocacy it is likely to get and its worth reading his review of the issue even if you
think you already know how you feel about it.
-- MDT
Labels: Kevin Bousquet, pretexting, The Copa Group
12/17/2006
HP Ditches Sonsini, General Counsel Too
While Wilson Sonsini may still do some legal work for HP, Larry Sonsini
is out as HP's outside counsel, severing a ten year relationship.
Also seeking new opportunities is former HP General Counsel, Ann Baskins. Law.com
does their usual bang-up job on digging deep into Baskin's troubling, scandal-ridden last few months with HP. Recommended reading.
-- MDT
Labels: Ann Baskins, HP, Larry Sonsini, pretexting, Wilson Sonsini
Senate Passes Anti-Pretexting Bill
Signed unanimously this past Friday, the Senate has passed a bill making it illegal to use pretexting to obtain phone records via the heretofore commonly used investigative tactic. The heat and been rising on this issue for more than a year, with many states taking the lead with their own laws forbidding the practice. The recent
shenanigans at Hewlett Packard saw things boil over, scalding several executives careers in the process.
Provided President Bush finds time to sign the bill into law, pretexting violations will now result in fines and potential jailtime for offenders. Further details, via
InformationWeek.
-- MDT
Labels: HP, pretexting
12/06/2006
Anti-Pretexting Legislation Goes Federal
14 states currently have anti-pretexting legislation on the books. Earlier this week California seemed poised to pass one of the most restrictive such bills in the country, that is until
MPAA lobbying stopped their state senate short. The bill the ended up passing was geared primarily towards protecting phone records, but not much else. A federal law is also looming with a big push coming up to get the proposed bill passed prior to the end of the year. Details on the proposed federal anti-pretexting legislation can be found
here.
-- MDT
Labels: pretexting
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