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Famed Hacker Pleads Guilty to 1 Federal Charge

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TIMES STAFF WRITER

Famed computer hacker Kevin Mitnick, who led federal agents on a two-year cross-country chase before his capture last year, pleaded guilty Monday to one federal charge of cellular phone fraud and admitted violating terms of his probation on an earlier computer fraud conviction.

Although the federal government dropped 22 other charges in return, a federal prosecutor has indicated that Mitnick may yet face even more charges.

The computer wizard, who as a fugitive became an anti-authority hero in the world of renegade hackers, admitted illegally possessing cellular telephone programming numbers and violating four conditions of his probation, including illegally accessing the Pacific Bell company’s computer.

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In return for Mitnick’s plea, the U.S. Attorney’s office agreed to drop 22 other fraud charges, brought in an indictment handed down against Mitnick in Raleigh, N.C., where he was captured in February 1995.

The Raleigh charges were consolidated with Mitnick’s probation violation case and an ongoing investigation into other possible charges in Los Angeles.

Mitnick was scheduled to return for sentencing July 15 by U.S. District Judge Mariana Pfaelzer.

Assistant U.S. Atty. David Schindler declined to rule out further charges being filed by then. Schindler had said earlier that Mitnick’s plea bargain in the Raleigh case would clear the way to prosecute him under federal law for “far more serious” offenses in Los Angeles.

After Monday’s hearing he said the federal government’s agreement to drop the other charges does not close the case. “The investigation continues,” Schindler said.

Schindler declined to comment on the penalty he will seek for the counts to which Mitnick pleaded guilty Monday.

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Mitnick could face a maximum sentence of 20 years in prison for the phone fraud and two years for the probation violation, Schindler said.

Mitnick’s attorney, John Yzurdiaga, said however that under the plea bargain, his client had agreed to serve only one year in the Raleigh case, and “he’s done the time on that,” referring to the usual credit given convicted criminals for time spent behind bars between arrest and sentencing.

Mitnick remains in custody at the federal Metropolitan Detention Center in Los Angeles.

Yzurdiaga said no agreement has yet been reached on the sentence for the probation violation or on any other charges that may be filed.

Appearing neat and composed in a new blue blazer and gray slacks, Mitnick pleaded guilty to unauthorized possession of 15 or more mobile identification numbers and electronic serial numbers. Employed together, the two numbers allow a user to change the number assigned to a cellular phone.

Federal authorities said Mitnick had 30 pairs of the numbers when he was captured.

In addition to hacking his way into the Pacific Bell computer, prohibited under terms of his probation, Mitnick admitted to associating with another person who has been convicted of computer fraud, possessing fraudulent identification papers and failing to file two monthly written reports to his probation officer.

Mitnick was put on probation after serving a year in prison for a 1988 computer hacking conviction.

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He fled in late 1992 after the FBI showed up at the Calabasas private investigations firm where he was working. The agents were investigating unauthorized use of Pacific Bell computers.

Early in his flight, he was nearly captured at a Studio City copy shop where he showed up to pick up materials faxed from the Department of Motor Vehicles. A chase ensued, but he got away.

Police and Secret Service agents just missed him again in October 1994, when they broke into his home in Seattle while investigating complaints that someone was using cellular phones to steal secret electronic serial numbers to break into computers at several university campuses.

He was eventually captured in North Carolina by a team of government agents and sophisticated private-industry technicians using tools that homed in on the signal emitted by the cellular phone he was using.

Mitnick, 32, began his computer escapades at James Monroe High School in North Hills, where he learned to break into the Los Angeles Unified School District’s main computers.

He also manipulated the telephone system to pull pranks on friends and enemies, authorities said. He reputedly disconnected service to Hollywood stars he admired, and a former probation officer said her phone service was terminated just as she was about to revoke his probation.

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Mitnick’s father, grandmother and two cousins attended the hearing, and afterward offered support for him.

“He did a crime. He did his time,” said his grandmother, Reba Vartanian of Las Vegas.

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