Ex-HP director seeks probe of privacy breach
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A former Hewlett-Packard Co.   board member has asked U.S. prosecutors, as well as  U.S. trade and communications regulators, to review an HP  investigation in which directors' and journalists' private  phone records were accessed.
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(InfoWorld) - Ousted Hewlett-Packard chairwoman Patricia Dunn is expected to be indicted Wednesday in California on charges related toÂ the spying scandal that has hit the company, the New York Times reports. To be indicted along with Dunn are Kevin Hunsaker, a former senior lawyer at HP; Ronald L. DeLia, a Boston-area private detective; Joseph DePante, owner of Action Research Group, a Melbourne, Florida, information broker; and Bryan Wagner, a Littleton, Colorado, man who is said to have obtained private phone records while working for DePante, the Times reported. The charges are expected to come from California Attorney General Bill Lockeyer,Â whose office has been investigating reportsÂ that HP hired private detectives and may have used illegal methods to track the source of news leaks from the board of directors. The charges are expected to include using false or fraudulent pretenses to obtain confidential information from a public utility, unauthorized access to computer data, identity theft, and conspiracy to commit each of those crimes, the Times reported. All of the charges are felonies. The private investigators hired by HP allegedly used "pretexting," pretending to be journalists from a number of various publications to obtain their telephone records in an attempt to find out who from the board provided information to the reporters.
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(InfoWorld) - A shareholder lawsuit against Hewlett-Packard (HP) forÂ attempting to spy on board members and reportersÂ has been expanded to include charges of insider stock trading. An amended complaint filed Wednesday in the Superior Court of California for Santa Clara County accuses HP Chairman and Chief Executive Officer Mark Hurd and seven other company executives of selling $41.3 million worth of HP stock at "inflated prices" shortly before the company revealed that its investigators had used questionable and possibly illegal techniques to gain access to personal records such as phone call logs. The eight executives sold 1.7 million shares of stock between Aug. 21 and Sept. 6, according to the lawsuit. In an Aug. 31 filing with the U.S. Securities and Exchange Commission (SEC), HP said an outside investigator used the practice of pretexting, pretending to be someone else, to gain access to personal records. Former HP Chairman Patricia Dunn and four others face criminal charges stemming from their alleged participation in the spying, which also used e-mail tracer technology, according to testimony before a U.S. congressional committee. HP also tried to prop up the value of its stock price by announcing on Aug. 21 it would repurchase $6 billion worth of its stock, the lawsuit says. "In the midst of this acrimony HP executives cashed in," says the complaint, filed by the Lerach, Coughlin, Stoia, Geller, Rudman & Robbins LLP law firm. HP issued a statement calling the lawsuit "baseless." The lawsuit "represents a transparent effort to exploit issues related to HP's recent investigation for personal gain at the expense of HP, its shareholders and its employees," the statement said. "HP will defend itself vigorously." HP acknowledged that it had obtained the phone records of 12 people by using pretexting. The stockholder lawsuit, originally filed in September, asks the court to declare that HP's executives have "committed breaches of their fiduciary duties" and to order executives to repay the amount the company has been damaged by the spying scandal. The lawsuit also asks the court to require HP to reform its corporate governance and to extract punitive damages from Dunn, Hurd and other HP executives.
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A US attorney general is investigating methods used by Hewlett Packard to oversee senior members of staff.
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Request comes as criminal charges still hang over the head of former HP chairman and others in connection with spying campaign.
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(InfoWorld) - Hewlett-Packard Co. Chairwoman Patricia Dunn, a former company lawyer, and three outside investigators wereÂ charged Wednesday in CaliforniaÂ on felony charges related to the conduct of an investigationÂ to track down news leaks from the HP board that allegedly broke state law. California Attorney General Bill Lockyer's office said charges have also been filed against Kevin Hunsaker, a former senior lawyer at HP; Ronald L. DeLia, a Boston-area private detective; Matthew DePante, manager of Action Research Group, a Melbourne, Florida, information broker; and Bryan Wagner, a Littleton, Colorado, man who is said to have obtained private phone records while working for Action Research. TheÂ charges were announced at a press conference held Wednesday at the California Department of Justice. The charges include using false or fraudulent pretenses to obtain confidential information from a public utility, wrongful use of computer data, identity theft, and conspiracy to commit each of those crimes. All of the charges are felonies. "One of our state's most venerable corporate institutions lost its way as its board sought to find out who leaked confidential information to the press," said Lockyer in a statement, released Wednesday. "In this misguided effort, people inside and outside of HP violated privacy rights and broke state law." Lockyer's office has been investigating the spying allegations because HP is based in Palo Alto, California. The U.S. Attorney's Office in San Francisco and the Federal Bureau of Investigation have been conducting separate investigations of HP. In a statement released Wednesday in advance of the Sacramento press conference, HP said it was continuing to cooperate with state and federal investigators. The private investigators hired by HP allegedly used "pretexting," pretending to be someone they are not, to obtain the telephone records of HP directors, other employees and journalists who cover the company in an attempt to find out who from the board provided information to the reporters. The scandal has attracted the attention of the U.S. Congress.Â On Sept. 28,Â Dunn told the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee that she believed employees and lawyers who said that the HP's leak investigation complied with the company's standards of conduct. The subcommittee was holding hearings into the use of pretexting. The committee passed a federal ban on pretexting but the Congress adjourned before the full House or the Senate voted on the legislation. When questioned about the techniques used to track down the leaks arose in the latter part of the investigation, Dunn said, she passed concerns to company Chief Executive Officer Mark Hurd. Before then, the company's lawyers had assured her the techniques were being done "legally and properly," she said. "At no time in the investigation did I authorize its methods," Dunn said. "I asked this to be done in the HP standard way." On his part, Hurd told the subcommittee that he was not aware of the details of the techniques being used. He said he did not read a report from the investigating team that detailed the use of pretexting. Ann Baskins,Â who resigned right before the subcommittee hearing as HP's senior vice president and general counsel, and Hunsaker both asserted their rights not to testify under the Fifth Amendment of the U.S. Constitution during the hearing. Also taking the fifth before the subcommittee were Delia, Wagner and Action Research owner Joe DePante. Dunn faces these criminal charges at a difficult time in her personal life. Dunn, is scheduled to begin chemotherapy Friday for a recurrence of advanced ovarian cancer, according to a Wednesday report in the San Jose Mercury News. She was diagnosed with ovarian cancer in 2004 and had been treated for breast cancer and melanoma dating back to 2001, the paper reported. (Stephen Lawson and Robert McMillan contributed to this story) Â
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A U.S. government panel has asked a corporate ethics lawyer from Hewlett-Packard (HP) to testify in its Sept. 28 hearing onÂ the company's use of "pretexting"Â to spy on journalists, board members and other employees.
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By Jim Hopkins  Raising pressure on Hewlett-Packard, a congressional panel investigating HP's boardroom spying scandal is seeking testimony from two more company executives at a high-profile hearing next week.
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SAN JOSE, Calif. - Hewlett-Packard Co. officials said Saturday that the company improperly accessed phone records of a corporate spokesman during its investigation into unauthorized leaks to the press.
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(InfoWorld) - Former Hewlett-Packard Co. chairwoman Patricia Dunn made a brief court appearance Thursday in Santa Clara County, California, to face four state felony charges in the HP boardroom scandal. Superior Court Judge Alfonso Fernandez scheduled her arraignment for Nov. 17, at which she will enter a plea to charges in the case. Also making an initial court appearance earlier in the day was Kevin Hunsaker, HP's former ethics counsel, who surrendered, was booked and was scheduled for an arraignment December 6, according to the office of California Attorney General Bill Lockyer. Three private investigators hired by HP to investigate suspected leaks to news media by HP directorsÂ were also charged Wednesday, but since they are from out-of-state, their court appearances will likely occur sometime next week, Lockyer's office said. Each of the five defendants face charges of fraudulent wire communications, wrongful use of computer data, identity theft and conspiracy. The state alleges that Dunn and Hunsaker authorized an investigation of leaks and hired the private investigators. The investigators allegedly obtained, under false pretenses, the phone records of individuals targeted in their investigation, including HP directors, some employees and journalists who cover the technology company.ADVERTISEMENTMAKE SOA REAL WITH IBM WEBSPHERE PODCASTStreamline processes and maximize efficiency within a proven service oriented architecture. Take back control of your business processes with IBM WebSphere.
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California's attorney general filed a criminal complaint on Wednesday seeking indictments of former Hewlett-Packard Co.  Chairman Patricia Dunn and four others for their roles in a probe into board leaks.
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Former Hewlett-Packard Co. director George Keyworth had his home phone records accessed this year after an online account was set up by an impersonator using his wife's name, according to a letter from AT&amp;T Inc.
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The Hewlett-Packard surveillance campaign ranged from internal monitoring of e-mail and instant messages to physical surveillance of an HP board member and at least one journalist, according to one of the lawyers at the firm recently retained by the company to investigate its conduct in the matter.
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US congress and federal prosecutors have launched an informal inquiry into the way Hewlett-Packard Co conducted an internal probe into who on its board leaked information to the media in 2005, when it ousted Carly Fiorina as CEO.
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The U.S. Securities and Exchange Commission wants to know more about the circumstances surrounding the resignation of Thomas Perkins from the Hewlett-Packard board earlier this year.
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SAN FRANCISCO -- Investigators for Hewlett-Packard Co. sought private telephone records of board members while trying to figure out which director leaked confidential company information to the media, the computer maker disclosed in a regulatory filing Wednesday.
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(InfoWorld) - Hewlett-Packard chief executive officer Mark Hurd blamedÂ the scandalÂ that has besieged his company on "a rogue investigation" that got out of hand, in an advance copy of his Congressional testimony released by a House Subcommittee on Wednesday. "How did such an abuse of privacy occur in a company renowned for its privacy? The end came to justify the means," Hurd wrote. "The investigation team became so focused on finding the source of the leaks that they lost sight of the privacy of reporters and others. They lost sight of the values HP has always represented." Former HP Chairman Patricia Dunn,Â forced to resignÂ Sept. 21 because of the scandal, defended in her testimony her decision toÂ investigate the leaksÂ of confidential board discussions to the news media. In her testimony, Dunn wrote that she knew investigators were obtaining the phone records of people it was investigating. Lawyers for HP and for an investigation firm carrying out the probe assured her the tactics were legal, she wrote. "I was fully convinced that HP would never engage in anything illegal," she wrote. "Given that attorneys were unambiguously overseeing the investigation ... reinforced my understanding that the investigations were being handled appropriately." Both are among severalÂ witnesses expected at a hearingÂ before the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee on Thursday in Washington. The committee is looking into the practice of "pretexting," or using false pretenses to gain access to confidential records. Investigators hired by HP to find the source of leaks engaged in pretexting to get hold of the phone records of directors, HP employees and reporters who cover the Palo Alto, California, technology company. Hurd, echoing comments he made in a news conference last Friday at HP's headquarters, said he was determined to get to the bottom of this episode and to try to restore HP's image. "I pledge that HP will take whatever steps are necessary to make sure nothing like this ever happens again," he wrote, "and that this company will regain not just its reputation ... but its pride." Although much of the criticism of the scandal surrounds the tactics used by the investigators, Dunn wrote in her testimony that equal consideration should be given to the leaks from within the company that damaged HP. HP's board was notorious for its leaks to news media and such disclosures made it difficult for the board to deal with important issues candidly, she wrote. Dunn explained that board deliberations on the selection of a replacement for former CEO Carly Fiorina in 2005 were leaked. She cited a BusinessWeek magazine story "disclosing opinions about various candidates and revealing details about ... the search process." "If you were a top CEO candidate, would you want to work for a company whose board could not be trusted to keep such information confidential? HP is very lucky to have been able to recruit Mark Hurd under such circumstances," Dunn wrote. "I wish fervently that none of this had ever happened," Dunn continued. "But boards have an unquestionable obligation to take steps to prevent [leaks]. That certain steps taken during the investigation went well beyond what was appropriate does not undermine the importance of the board's mission in this matter." Hurd also outlined several steps the company is taking internally to clarify its privacy policy for employees and to emphasize it in employee training programs.ADVERTISEMENTMAKE SOA REAL WITH IBM WEBSPHERE PODCASTStreamline processes and maximize efficiency within a proven service oriented architecture. Take back control of your business processes with IBM WebSphere.