From: ""L. Detweiler"" <ld231782@longs.lance.colostate.edu>
Date: Fri, 9 Jul 93 00:28:40 PDT
To: cypherpunks@toad.com
Subject: Phiber Optik pleads guilty
Message-ID: <9307090728.AA11840@longs.lance.colostate.edu>
MIME-Version: 1.0
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From: farber@central.cis.upenn.edu (David Farber)
Subject: Two messages that may interest you re: "Phiber Optik,"
Date: Tue, 6 Jul 1993 17:31:39 -0500

The following appears on Newsbytes today. Newsbytes is a copyrighted
commercial service which appears on GEnie, Compuserve, America OnLine,
Newsnet, DIALOG, Clarinet and other networks. This story is posted here
with the permission of the authors.

==========================================================================
Phiber Optik Pleads Guilty 07/06/93 NEW YORK, NEW YORK, U.S.A., 1993 JUL 6
(NB) -- Mark Abene, better known throughout the computer world by the
hacker handle "Phiber Optik," plead guilty on July 2 in Federal Court to
felony charges of conspiracy and unauthorized access to computers. Abene
had been due to go to trial on these counts today. 

The plea by Abene, entered before Judge Louis Stanton in the Southern District
of New York, admitted intrusion into computers owned by NYNEX, BellSouth, and
Southwestern Bell. In his statement, Abene said that he had, in his actions,
"never tried to damage any computer systems and, to my knowledge, I never
have." 

In the course of the proceedings, Judge Stanton asked Abene a series of
questions including: whether he understood the charges; whether he
realized that, by pleading guilty to felony charges, he was exposing
himself to possible loss of civil liberties such as the right to vote, sit
on jury or hold public office; whether he realized that he could face a
maximum sentence of 10 years imprisonment and a maximum fine of $500,000;
whether he understood that he could be required to make restitution for
damages; and whether he was satisfied that he had received adequate legal
counsel. He replied yes to all the above, but no to the question of
whether he had been threatened or coerced by the United States Attorney's
office to change his plea. 

Following the questioning, the judge asked Abene to say what he did. Abene
responded by admitting that he had conspired with others to gain access to
various computer systems, including those belonging NYNEX, BellSouth and
Southwestern Bell; he had intercepted data on networks belonging to
British Telcom and Tymnet; and that he had misrepresented himself to
employees of phone companies to gain access to their systems. It was
during these admissions that Abene said that he had never, to his
knowledge, damaged any systems. 

At the end of Abene's statement, Assistant US Attorney Fishbein stated that
Abene had fraudulently used computer accounts at New York University to access
the remote computer systems. When asked by the judge to confirm Fishbein's
assertion, Abene did. 

Judge Stanton then stated, "Mr. Abene is fully competent to make an informed
plea in this case. He is knowledgeable of the charges against him and is aware
of the possible consequences. I accept his guilty pleas." 

Judge Stanton then set sentencing for 9:30AM Wednesday, November 3rd. He asked
Abene's attorney, Paul Ruskin, to insure that he do everything possible to
cooperate with the probation staff in its development of a background of Abene
for the sentencing procedure. Abene was then released on his own
recognizance. 

Abene, together with Elias Ladopoulpos, a/k/a "Acid Phreak;" Paul Stira,
"Scorpion;" John Lee, "Corrupt;" and Julio Fernandez, "Outlaw," were
indicted on July 8, 1992. Ladopulous, Stira, Lee, and Fernandez previously
plead guilty to charges relating to the indictment. Lee, the only one
sentenced to date, has received a year and a day. Stira and Ladopoulos are
scheduled for sentencing on July 23. 

In a prepared statement after court adjournment, United States Attorney
Mary Jo White said that the investigation leading to the indictment was
performed jointly by the United Secret Service and the Federal Bureau of
Investigation. She praised both the Secret Service and FBI and thanked the
Department of Justice Computer Crime Unit for "their important assistance
in the investigation."

Ruskin, Abene's attorney, told Newsbytes, "My personal opinion is that
Mark has outgrown the phase in his life in which he performed the
activities to which he confessed. He wants to use his considerable
computer talents in manners that will be productive to society."

Fishbein told Newsbytes, "The government is satisfied with the successful end
to an important case. We hope that other people involved in illegal computer
activities recognize that the Federal Government takes these cases very
seriously." 

(Barbara E. McMullen & John F. McMullen/19930706) 


John F. McMullen           mcmullen@mindvox.phantom.com    Consultant,
knxd@maristb.bitnet        mcmullen@well.sf.ca.us            Writer,
70210.172@compuserve.com   mcmullen@panix.com                 Student,
GEnie - nb.nyc             mcmullen@eff.org                     Teacher


Subject: Perhaps you could help
From: mcmullen (John F. McMullen)
Comments: 
Message-ID: <N3006B7w165w@mindvox.phantom.com>
Date: Tue, 06 Jul 93 16:43:10 EDT
Organization: [Phantom Access] / the MindVox system

I received this from Mark and, with his permission, am sending it to you
in the hope that you might write something.

John

==========================================================================
>From panix.com!mark Tue Jul  6 15:31:07 1993
Return-Path: <mark@panix.com>
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  (5.65c/IDA-1.4.4 for mcmullen); Tue, 6 Jul 1993 15:25:42 -0400
From: Phiber Optik <mark@panix.com>
Subject: Personal request...

Friends and fellow netters:
        I regret to inform you all that after much stress and anxiety, I
decided the risk of loss to be too great, and have accepted a guilty plea
in my case.  All things considered, it seemed the only thing to do in order
to avoid the possibility of a much harsher sentence in the event things did
not go well during trial.  I entered my plea on Friday, July 2nd, and am to
be sentenced this November.
        I'm sending this letter to those who were under consideration for
testifying in my favor as character/expert witnesses, and I would greatly
appreciate if you could put together letters of recommendation attesting
to my character.  These letters would be considered by the judge and the
probation department and would help me in my review for sentencing. 

If there are any questions, feel free to reply, or you can contact my lawyers,
Paul Ruskin and Carl Hartmann, at 212/223-3330.

Thank you,
- -Mark.




------- End of Forwarded Message