who, along with local authorities have been in-
vestigating Mr. Mitnick's employer at the time, Teltec Investigations.
2. The offender had previously been instructed regarding the spe-
cial condition prohibiting him from associating with any . . . per-
sons known to have engaged in the illegal or unauthorized access of
computers or telecommunication devices. The offender violated
this condition ... as he maintained association with one Lewis De
Payne. Mr. De Payne had been convicted of violation of 182/502
Penal Code (conspiracy to commit computer fraud) on April 2,
1982 (Case No. A370979).
The Los Angeles U.S. Attorney's Office says once the bench warrant
was issued for Kevin Mitnick he was nowhere to be found. Mitnick
tells another story. He says he was home, the FBI just came a tad
late.
Mitnick plans everything carefully, timing his operation to mid-
night, December 7, 1992, the last seconds of his federally ordered
supervised release. He invites his mother to visit to tell the FBI he
was there till midnight, and precisely at the zero hour they argue.
That explains his sudden departure.
But mom has to wait for a while. The FBI isn't nearly so precise. A
week after his parole is up, on December 15, 1992, a team of FBI
agents shows up at his apartment to arrest the wily hacker. They've got
a warrant, and they present it to Mitnick's mother. She's there to keep
Mitnick's door from being kicked in, and to gauge how badly they
want him. Mitnick's mother doesn't have much to say and the FBI
turns up very little evidence: no computer, no disks, no cellular
phones, no papers, no tangible leads. Just a newspaper article quoting
Scott Charney, the head of the Justice Department's computer crime
division, talking about the department's "deep undercover" agent.
Mitnick has underlined the words "deep undercover" and written
in a name.
"ERIC."
It's a few minutes before 10 a.m. on Christmas Eve, and Kevin Mitnick
is on the phone to the Department of Motor Vehicles' local law en-
forcement counter, hoping to coax them into sending a holiday fax.
Mitnick's been trying since September to get the driver's license
photos of the people he figures are trying to take away his freedom.
Mitnick's previous attempts failed, but something tells him today
will be different. Christmas Eve is a perfect time for a social engi-
neering attack. People are less suspicious on the holidays, more
likely to let something slip. And if it fails again, what does he have to
lose? The FBI already wants him. What's a few pretext calls to the
DMV going to matter?
Besides, Mitnick sounds like he works in law enforcement. He
knows the requester codes. Everything he says sounds authentic.
"Hold on a minute," a technician tells him. The flag on the file
tells him something's unusual. On a second line, the technician
phones DMV Investigator Ed Lovelace in Sacramento. This isn't just
any driver's license photo.
"I've got him on the line."
"Tell him you're getting the photos. Say they're having problems
with the computer in their office," Lovelace instructs the technician.
"Tell him to call back in forty-five minutes to see if they're avail-
able."
Like clockwork, Mitnick phones back. Today his persistence is
paying off. The pictures are ready.
"What's your fax number?" the technician asks Mitnick.
Up at DMV headquarters in Sacramento, Lovelace quickly does a
reverse check on the fax number: Kinkos Copies, Studio City, 1210
Ventura Boulevard. The investigator phones Shirley Lessiak, DMV
internal affairs in Van Nuys, and gives her the rundown. Lessiak
phones the Kinkos manager, who in turn promises to tell them when
the suspect comes in to pick up the fax. Around noon on Christmas
Eve, Lessiak and three other DMV investigators arrive at the busy
Kinkos on Ventura Boulevard.
Kevin Mitnick calmly walks behind the counter and picks up his
fax. He's always been a self-service kind of guy. But the DMV photo
isn't what Mitnick's expecting. It's a young woman, a full
Fran Baker
Jess C Scott
Aaron Karo
Mickee Madden
Laura Miller
Kirk Anderson
Bruce Coville
William Campbell Gault
Michelle M. Pillow
Sarah Fine