HP leak-probe accused 'to testify against others'

The data broker charged with federal crimes for his role in the HP news-leak probe will testify against other defendants, according to sources close to the case.

Bryan Wagner, who was charged with federal identity theft and conspiracy on Wednesday, plans to plead guilty and has agreed to testify for the prosecution in exchange for a lighter sentence, according to two sources with knowledge of Wagner's plans. Wagner could not be reached for comment.

Wagner is one of five people, including Patricia Dunn, the former chairman of HP, charged in California with four felonies, including conspiracy and identity theft. In an attempt to discover which member of HP's board of directors was leaking information to the media last year, the company's investigators allegedly duped phone company employees into handing over private records of accounts belonging to journalists, HP employees and board members. The practice is called pretexting.

All five have pleaded not guilty and are awaiting trial.

Just how many of the other four defendants Wagner can testify against, or whether he could implicate others, is unclear. Most of those close to the case say Wagner is likely to have been the bottom of the investigation's chain of command.

David Cohen, a San Francisco-based criminal attorney, said: "This is how the feds like to work. They like to start at the bottom and get that guy to [testify against] the next guy and then they work up the ladder."

Greg Sandoval writes for CNET News.com