Lawyers Puzzled About FBI Probe of Anchor’s Alleged E-Mail Snooping
Lawyers are wondering why the FBI decided to investigate alleged e-mail snooping by Philadelphia news anchor Larry Mendte.
Sources told the Philadelphia Inquirer that federal officials learned Mendte viewed the private e-mail account of former co-anchor Alycia Lane hundreds of times, and that officials are checking to see if his access correlates with media leaks about her private life. One embarrassing leak published in the New York Post concerned accusations that Lane sent photos of herself in a bikini to a sports anchor, and received a scathing e-mail in return from the man’s wife.
CBS3 fired Lane in January after a scuffle with police and she has sued the TV station.
Legal experts told the newspaper that Mendte is unlikely to face jail time, even if he were charged with violating a computer fraud law barring unauthorized access. The sentence in such cases is usually determined by the economic loss to the injured party. Those who snoop for economic gain, such as in extortion or insider trader cases, are likely to receive harsher penalties.
Philadelphia defense lawyer Richard Harris told the newsaper he found it “particularly strange” that the FBI was interested in the case. “I could see Alycia Lane suing Larry Mendte if she believes he’s tapping into her e-mail,” he said. “I can’t see the federal government becoming involved unless mail fraud is alleged.”
Former federal prosecutor Rocco Cipparone Jr. said the feds may be interested in Mendte because a case involving a high-profile personality could be used as an example.
Some wondered if the allegations would provide grist for Lane’s suit against her former employer. Former federal prosecutor Henry Hockeimer told the Inquirer that Lane would need to prove that Mendte passed along her e-mail to his bosses. Hockeimer said courts would evaluate whether Mendte acted as his employer’s agent, and would consider such factors as whether he snooped on a work computer and whose account was used.
