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- From: NEWSBYTES (reprint) by John F. McMullen
- Subject: Felony Charges Dropped against Phiber Optik
- Date: February 20, 1991
-
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- *** CuD #3.06: File 4 of 6: No Felony Charges against Phiber O. ***
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-
- FELONY CHARGES DROPPED AGAINST "HACKER" 2/20/91
-
- NEW YORK, NEW YORK, U.S.A., 1991 FEB 20(NB) -- The felony charges of
- computer tampering and computer trespass have been dropped against Mark
- Abene, known throughout the "hacker world" as "Phiber Optic". Abene pleaded
- guilty to a misdemeanor charge of unauthorized use of a computer and will
- be sentenced on April 4th on that count.
-
- The arrest of Abene by New York State Police on February 5th followed over
- a year of uncertainty for Abene who had computer equipment and notes seized
- during the execution of a search warrant on January 24th, 1990. At the time
- of the arrest, it was alleged that Abene had electronically invaded a New
- York Telephone Company computer and activated an unused telephone number.
- He then supposedly arranged call forwarding to a "900" number to provide
- free access to an otherwise chargeable service. These allegations led to
- Abene being charged with the two felonies and a misdemeanor for theft of
- services.
-
- The dropping of the felony charges on February 19th in New York state court
- was accompanied by a changing of the theft of services charge to one
- alleging unauthorized use of a computer and it was the new charge to which
- Abene pleaded guilty. Abene's attorney, Carol Grumbach of the firm of
- Levinson & Kaplan told Newsbytes that she expects the April 4th sentencing
- to result in Abene being granted youthful offender status and court records
- sealed as a result. She also expects the remaining charge to be
- conditionally discharged based on Abene's performance of community service
- activities.
-
- Abene, commenting on the resolution of the case, told Newsbytes "I'm very
- glad that this is over. At least now, I know where I stand and that's much
- better than it's been for the last year." Abene also said that the computer
- equipment seized is still in the custody of the authorities and that it is,
- as yet, unclear when it is to be returned.
-
- On the same day in 1990 that the Abene's equipment was seized, search
- warrants were also executed by New York State Police and United States
- Secret Service agents on three other New York residents known by the hacker
- names "Acid Phreak", "Scorpion" and "Flash". Newsbytes was told by informed
- sources that Acid Phreak and Scorpion have been notified by the United
- States Attorney for the Eastern District of New York that they are to be
- charged under federal statutes for computer-related crimes. Newsbytes was
- also told at the time of the Abene arrest that it was decided to charge him
- under state law because his age at the time of the alleged incident would
- have resulted in his classification as a minor under federal law. He was
- charged as an adult under New York law.
-
- Flash was arrested on February 13th by New York State Police and U.S.
- Secret Service agents. was identified as Albert Kong, 23 and charged with
- felony counts of computer trespass and 2nd degree grand larceny. At the
- time of the arrest, New York State Police Senior Investigator Donald
- Delaney told Newsbytes that there was no apparent connection between the
- Kong case and the other cases.
-
- (Barbara E. McMullen & John F. McMullen
-
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