Computer cracker Kevin Mitnick has now been formally sentenced to the three years and 10 months imprisonment agreed to earlier this year, after pleading guilty to charges of online fraud (CI No 3,629). But Mitnick’s lawyers prevailed over arguments about how much restitution should be paid.
Prosecutors had asked that Mitnick be ordered to pay $1.5m to the companies he targeted, but US District Judge Mariana Pfaelzer instead awarded just $4,125, to be paid to various companies. The token amount was awarded because the court set strict restrictions on Mitnick’s future career, ordering him not to work in the computer business in any capacity, including consultancy. He must not touch computer hardware, software, peripherals or modems, the judge said. She doubted he would be able to earn anything more than the minimum wage.
Arrested in February 1995, Mitnick was charged on a 25-count indictment – 14 counts of computer and wire fraud and eight counts of illegal possession of confidential corporate documents. His victims included Motorola Inc, Novell Inc, Nokia Oy and Sun Microsystems Inc. He was also accused of breaking in to a North American Air Defense Command computer, although the allegations were not proven. Sun claimed to have lost hundreds of millions of dollars and Novell Inc claimed a $75m loss, although lawyers disputed the amounts claimed.
Just before the sentence on Monday, the Los Angeles district attorney dropped a separate case dating from 1993, accusing Mitnick of illegally accessing a Department of Motor Vehicles computer. But in that case, Mitnick was charged with duping a DMV employee to access the computer for him through a telephone conversation. The allegations would be difficult to prove said deputy DA Daniel Bershin in a motion dismissing the case.
Having already been in custody since early in 1995 for probation violations, Mitnick is expected to come up for release by early next year.
