Scales-O-Justice
I became a fugitive when it became clear that the government and Pacific Bell had begun manufacturing a number of baseless charges against me -- including some "national security" charges that would guarantee a lengthy period of pre-trial incarceration held without bail as a "danger to the community." When I was eventually turned-in by a disgruntled lackey, it took five years in jail, and dedicated effort on the part of my lawyers, for me to be vindicated of the bullshit charges.
What follows is a list, from my Northern California indictments, of the charges that were fabricated, as well as the ones that I was actually guilty of. Contrast and compare.
- Conspiracy:
GUILTY
Beginning on or about June 12, 1985, and continuing thereafter until on or about April 29, 1988, Kevin L. Poulsen did unlawfully, willfully and knowingly conspire, combine, confederate, and agree with Robert Gilligan to obtain fifteen or more stolen access devices in violation of Title 18, United States Code, Section 1029(a)(3), to intercept oral and wire communications in violation of Title 18, United States Code, Section 2511, and to possess devices knowing that the design of which made them primarily useful for intercepting wire, oral, or electronic communication in violation of Title 18, United States Code, Section 2512.
- Unlawful Interception Of Wire, Oral, Or Electronic Communications:
DISMISSED
During September 1987, Kevin L. Poulsen intentionally intercepted and endeavored to intercept a wire, oral, and electronic communication, specifically, conversations between Pacific Bell security employees Gerri Lyons and Bill Hewins, in violation of Title 18, United States Code, Section 2511(1)(a).
- Fraud And Related Activity In Connection With Computers:
GUILTY
Between approximately August 21, 1989, and April 14, 1991, Kevin Lee Poulsen, with intent to defraud, accessed a Federal interest computer in the Northern District of California, without authorization, in order to obtain information relating to electronic surveillance conducted by the Federal Bureau of Investigation in connection with its investigation and court ordered pen register involving Redwood City cable 29 pair 637, and cable 29, pair 648, in violation of Title 18, United States Code, Section 1030(a)(4).
- Unlawful Interception Of Wire, Oral, Or Electronic Communications:
DISMISSED
During September 1987, Kevin L. Poulsen intentionally intercepted and endeavored to intercept a wire, oral, and electronic communication, specifically, conversations between Pacific Bell security employees Gerri Lyons and Bob Tracy in violation of Title 18, United States Code, Section 2511(1)(a).
- Fraud And Related Activity In Connection With Computers:
GUILTY
Between approximately August 21, 1989, and April 14, 1991, Kevin Lee Poulsen, with intent to defraud, accessed a Federal interest computer in the Northern District of California, without authorization, in order to obtain information relating to electronic surveillance conducted by the Federal Bureau of Investigation in connection with its investigation and court ordered wiretap involving San Francisco cable 55, pair 1239, in violation of Title 18, United States Code, Section 1030(a)(4).
- Fraud And Related Activity In Connection With Access Devices:
GUILTY
Between approximately June 12, 1985 and April 29, 1988, Kevin L. Poulsen knowingly and with intent to defraud, possessed fifteen (15) or more counterfeit or stolen access devices, which conduct affected interstate commerce, in violation of Title 18, United States Code, Section 1029(a)(3).
- Possession Of Wire, Oral, Or Electronic Communication Intercepting Device:
DISMISSED
Between approximately January 1, 1987 and February 24, 1988, Kevin L. Poulsen intentionally possessed an electronic device, namely, a telephone technicians' hand dial test set, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, and electronic communications, and that such a device or any component thereof has been or will be sent through the mail or transported in interstate or foreign commerce, in violation of Title 18, United States Code, Section 2512.
- Conspiracy To Possess Fifteen Or More Counterfeit, Unauthorized, And Stolen Access Devices:
GUILTY
Between approximately June 12, 1985, and April 29, 1988, Kevin L. Poulsen knowingly and with intent to defraud, conspired to possess fifteen (15) or more counterfeit, unauthorized and stolen access devices, which conduct affected interstate commerce, and in furtherance of this conspiracy defendant Poulsen committed the following overt acts: Poulsen burglarized Pacific Bell Telephone Company facilities and stole Pacific Bell Telephone Company proprietary manuals containing passwords and instructions to access the COSMOS, SORD and LMOS systems, used unauthorized access devices to add special telephone features to his residential telephone service without paying for those features, and obtained Pacific Bell Telephone Company telephone credit cards in false names in order to defraud Pacific Bell Telephone Company, in violation of Title 18, United States Code, Section 1029(b)(2).
- Possession Of Wire, Oral, Or Electronic Communication Intercepting Device:
DISMISSED
On or about and between January 1, 1987 and February 24, 1988, Kevin L. Poulsen intentionally possessed an electronic device, namely a direct access test circuit pack, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications, and that such device or a component thereof was transported in interstate of foreign commerce; all in violation of Title 18 United States Code Section 2512.
- Unlawful Interception Of Wire, Oral, Or Electronic Communications:
DISMISSED
In or about July and August, 1987, and continuing through February 24, 1988, Kevin L. Poulsen intentionally used and endeavored to use an electronic, mechanical, or other device to intercept any oral communication, specifically, telephone test handsets, when such telephone test handsets were affixed to or otherwise transmitted a signal through a wire cable or other connection used in wire communication, [sic] in violation of Title 18, United States Code, Section 2511(1)(b)(i).
- Using A Fictitious Name In Connection With The Mails:
GUILTY
On or about May 5, 1987, Kevin L. Poulsen, for the purpose of conducting an unlawful business, namely, to defraud Pacific Bell Telephone Company, used and assumed, and requested to be addressed by a fictitious, false and assumed name other that his own proper name, and received from any post office or authorized depository of mail matter, some mail matter addressed to such fictitious, false and assumed name other than his own proper name, specifically, Kevin L. Poulsen assumed, used and requested to be addressed as and to receive mail in the name of Jon Osterman, in violation of Title 18, United States Code, Section 1342.
- Fraud And Related Activity In Connection With Computers:
DISMISSED
On or about October 30, 1987, Kevin L. Poulsen and Robert E. Gilligan intentionally and without authorization accessed or attempted to access a computer used exclusively by the United States Government, namely, the United States Army MASNET Computer Network, in violation of Title 18, United States Code Section 1030(a)(3).
- Fraud And Related Activity In Connection With Computers:
DISMISSED
On or about October 30, 1987, Kevin L. Poulsen and Robert E. Gilligan knowingly and with intent to defraud, obtained control of with intent to transfer certain access codes [read "Internet address"] through which the United States Army MASNET Computer Network could be accessed without authorization, in violation of Title 18, United States Code Section 1030(a)(6).
- Embezzlement And Theft Of Public Property Or Records:
DISMISSED
On or about and between January 25, 1988, and March 24, 1988, Kevin L. Poulsen stole a computer printout which was in the custody of Pacific Bell Telephone Company pursuant to a contract with the Federal Bureau of Investigation, and which contained cable/pair assignments and telephone numbers of Ferdinand Marcos and others, which numbers were the target of a confidential investigation of the Federal Bureau of Investigation, in violation of Title 18 United States Code Section 641.
- Gathering Of Defense Information:
DISMISSED
From on or about January 12, 1988, in the County of Santa Clara, State and Northern District of California, and elsewhere, Kevin L. Poulsen, a defendant herein, having unauthorized possession of, access to and control over a document and instrument relating to the national defense, namely, a computer magnetic tape containing a United States Air Force air tasking order classified "Secret,"unlawfully, willfully and knowingly retained said document and instrument and failed to deliver it to the officer and employee of the United States entitled to receive it, in violation of Title 18, United States Code, Section 793(e).
- Fraudulent Use Of A Social Security Number:
GUILTY
On or about Mar 5, 1987, Kevin L. Poulsen, for the purpose of obtaining telephone service from Pacific Bell Telephone under a false name with intent to deceive and defraud, falsely represented his social security account number to be 556-24-2138, in violation of Title 42, United States Code, Section 408(g)(2).