San Jose, Calif. – Prosecutors on Wednesday filed the first federal charges in the Hewlett-Packard spy scandal, accusing a Littleton private investigator of fraudulently obtaining private phone records of HP directors and employees, and reporters who covered the company.
The charges against Bryan C. Wagner, a self-described “little guy” in the alleged conspiracy, suggest prosecutors are taking a “bottom up” approach, positioning Wagner to enter a plea and cooperate with the continuing investigation, said one legal expert.
Wagner was charged in federal court with two counts of conspiracy and aggravated identity theft, including violations of wire fraud and unauthorized computer access to information. Wagner, the complaint said, conspired with “others known and unknown.”
He is among five individuals, including former HP chairwoman Patricia Dunn, who have already been charged with conspiracy by California prosecutors.
The development indicates that Wagner has been cooperating with federal investigators, said Peter Henning, a law professor at Wayne State University in Michigan who specializes in white-collar crime.
The U.S. attorney’s office has otherwise declined to elaborate on the filing.
Wagner in September described himself to The Denver Post as “terrified” and “just a little guy getting pulled into this big situation.” He said he received the list of names in February and “had no idea” who the people were but made calls to obtain their phone records.
Wagner said he was under the impression his investigative techniques were legal.
