In 2006-7, officers and/or agents of Hewlett Packard were separately charged under California and federal law for their role in a “pretexting” scandal, a scandal in which an investigator impersonated HP directors and reporters in order to establish responsiblity for leaks of non-public information that appeared to originate from company directors.
Gleick’s impersonation of a Heartland director was a form of “pretexting”, though his alleged forgery and public dissemination of documents go well beyond the HP incident. On the other hand, Gleick’s fraud did not involve public utility records or use U.S. federal identification numbers; as a result, some counts in the HP case do not apply to Gleick, though most do (plus some others).
Most of the limited discussion of Gleick’s conduct has been based on federal law, but state criminal law is very much involved. Hewlett Packard is based in San Francisco and is subject to the same state law as Gleick’s Pacific Institute, located across the bay. In addition, identity theft offences can be charged in the state of the person impersonated.
Once the HP pretexting facts became public, state and federal investigations were quickly launched (as well as congressional hearings.) The dilatory response of authorities in the Gleick case stands in remarkable contrast. Continue reading






