ALEJANDRO N. MAYORKAS
United States Attorney
GEORGE S. CARDONA
Assistant United States Attorney
Chief, Criminal Division 
DAVID J. SCHINDLER (Bar No, 130490) 
Assistant United States 
Attorney Senior Litigation Counsel
CHRISTOPHER M.E. PAINTER (Bar No. 154034)
Assistant United States Attorney 
Major Frauds Section
     1100 United States Courthouse
     312 Worth Spring Street Los Angeles, CA 90012
     (213) 894-0336/0358

Attorneys for Plaintiff
UNITED STATES OF AMERICA

                          UNITED STATES DISTRICT COURT
                      FOR THE CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA                      Case No. 96-881-MRP
         Plaintiff                            GOVERNEMNT'S REQUEST FOR AN
   v.                                         ORDER TO SHOW CAUSE WHY
KEVIN DAVID MITNICK,                          DEFENSE COUNSEL SHOULD NOT BE
          Defendant.                          SANCTIONED FOR RELEASING
                                              CONFIDENTIAL VICTIM LOSS
                                              LETTERS; EXHIBITS


     The United States of America by and through its undersigned 
counsel of record, hereby petition the court to issue an order to 
show cause to Donald Randolph, Esq., why he should not be
sanctioned or held in contempt for releasing to the public 
confidential victim loss letters provided to defendant and his 
counsel pursuant to an explicit confidentiality agreement. This 
application is based upon the attached memorandum of points
and authorities and the exhibits attached hereto.
DATED; May 6, 1999

                                             Respectfully submitted,

                                             ALEJANDRO N. MAYORKAS
                                             United States Attorney
                                             
					     GEORGE S. CARDONA
                                             Assistant United States Attorney
                                             Chief, Criminal Division

                                             DAVID J. SCHINDLER
                                             Assistant United States Attorney 
                                             Senior Litigation Counsel

                                             CHRISTOPHER M.E. Painter
                                             Assistant United States Attorney 

                                               Attorneys for Plaintiff
                                               UNITED STATES OF AMERICA

                   MEMORANDUM OF POINTS AND AUTHORITIES
					I.
     For several years, the government and counsel for defendant 
have maintained an agreement through which the government has 
disclosed proprietary and confidential victim information to
defendant and his counsel in exchange for counsel's explicit 
agreement to maintain such information confidential.  Indeed, 
copies of the proprietary software files stolen by defendant were
made available to defendant under such an agreement after
substantial negotiation. 
     Similarly, victim loss letters were disclosed to counsel for
defendant pursuant to a similarly explicit agreement not to
disclose such letters.  Attached as Exhibit A to the instant 
motion is a copy of a March 23, 1998 letter, wherein Mr. Randolph 
explicitly agreed not to disclose information contained in the 
victim loss letters disclosed to him.  Mr. Randolph executed this
letter on March 26, 1998.
     Notwithstanding (1) Mr. Randolph's explicit agreement not to
disclose victim loss letters; (2) the fact that several of these 
letters explicitly state that they are confidential and business 
proprietary; and (3) that, as a matter of course, materials 
regarding sentencing proceedings are confidential and filed under 
seal, Mr. Randolph attached these same victim loss letters to a 
public filing.  Apparently, Mr. Randolph and/or the defendant 
then provided copies of the victim loss letters to "2600" 
magazine, an online magazine, and to the "FreeKevin" website for 
posting on the web.  Attached as Exhibit B are copies of the 
articles written on 2600 and the FreeKevin site about the victim
letters as well as redacted copies of the electronic
reproductions of the victim letters posted on these websites.1
     Mr. Randolph's public disclosure and dissemination of the
victim loss letters was clearly designed to cause additional
injury to the victims of defendant's conduct or to cause such
victims embarrassment or ridicule.  The government cannot
conceive of any excuse for Mr. Randolph's conduct.
     Accordingly, the government respectfully requests that the
court issue an order to show cause why Mr. Randolph should not be
sanctioned for his knowing violation of the confidentiality
agreement that was designed to protect the victims of defendant's
conduct from further harm.  Furthermore, the government
respectfully requests that this court enter an additional order
explicitly prohibiting defendant or his counsel from publicly
disclosing any additional confidential information that may be
provided to them.

     1The victim loss letters posted on the various websites
were "scanned in" so that they are exact reproductions.  The
redactions in the exhibit were made for this motion by the
government but the unredacted original letters appear on the
Internet sites.  Notably, the letters posted on the websites do
not contain the exhibit markings of the letters attached to Mr.
Randolph's filing or the holes that were punched on the public
filing.  This indicates that copies of the letters were given to
these hacker sites apart from the improper public filing of the
letters