HP leak probe: Criminal charges filed

California's attorney general filed felony criminal charges on Wednesday against former HP chairman Patricia Dunn and four others in connection with the company's internal probe into boardroom leaks to the news media.

Attorney general Bill Lockyer said during an afternoon press conference in California: "One of our state's most venerable corporate institutions lost its way as its board sought to find out who leaked confidential company information to the press. In this misguided effort, people inside and outside HP violated privacy rights and broke state law."

The others charged were Kevin T Hunsaker, HP's former senior lawyer; Ronald DeLia, a private detective; Matthew DePante, of data-brokering company Action Research Group; and Bryan Wagner, a Colorado man believed to have been an employee of Action Research, according to the filing in Santa Clara County Superior Court.

Despite earlier reports, Matthew DePante, 27, was charged by Lockyer's office and not Joseph DePante, his father and the owner of Action Research. Up until now, the elder DePante has been the only one in his family linked to the HP case.

The five face four felony charges: fraudulent wire communications, wrongful use of computer data, identity theft, and conspiracy to commit those three crimes.

During the press conference, Lockyer and his aides singled out Dunn for fuelling HP's leak probe. She and Hunsaker are expected to surrender to authorities sometime on Wednesday evening, said Bob Anderson, chief deputy attorney for legal affairs, who did most of the speaking at the press conference.

Anderson said: "Patricia Dunn in our view was the catalyst for the [HP] investigation."

Dunn, who has hired a prominent crisis management company to handle her personal public relations, told a US congressional subcommittee last week that she was never aware illegal methods may have been used during her company's leak probe. Her PR company issued a statement from Jim Brosnahan, Dunn's attorney, following Lockyer's press conference.

Brosnahan said: "These charges are being brought against the wrong person at the wrong time and for the wrong reasons. They are the culmination of a well-financed and highly orchestrated disinformation campaign."

The felony complaint had been expected ever since Lockyer said in a TV interview last month that he had proof crimes were committed in HP's attempt to uncover the source of news leaks within its ranks. The company has acknowledged that as part of its investigation HP obtained private telephone records belonging to some of those spied on through false pretences.

Asked whether the attorney general had effectively cleared HP CEO Mark Hurd, who has acknowledged being informed of many of the methods used in HP's investigation, Anderson said: "It would be premature to say anyone is cleared... the investigation continues."

Anderson said each of the four charges could bring a maximum jail sentence of three years. Some legal experts have speculated that there are no clearly defined laws against pretexting, the practice of obtaining information through false pretences. Anderson downplayed any question as to its illegality.

He said: "I don't believe there is any ambiguity whatsoever."

Because DeLia, Wagner and Matthew DePante reside out of state, Lockyer will seek to extradite the three unless they waive extradition, Anderson said. He added that former HP general counsel Ann Baskins is co-operating with California's investigation into the leak hunt.

California has requested bail for three out-of-state defendants: $50,000 for DeLia and Wagner and $100,000 for Matthew DePante. Anderson did not specify why DePante's bail amount was higher.

Greg Sandoval writes for CNET News.com