Leak in Pellicano Case Is Probed

The investigation will be conducted by the U.S. attorney's office in San Diego, according to sources close to the case, because prosecutors and FBI agents in Los Angeles are among those who have access to the compromised information.

Attorneys representing Pellicano and six others under indictment in the wiretapping scandal also have been given FBI investigative reports known as "302s" and other documents in the case. Under a protective order issued by U.S. District Judge Dale S. Fischer almost four weeks ago, they can share the information only with their clients and potential witnesses.

The confidential information was first disclosed two weeks ago, when the New York Times published the first of several stories citing FBI reports of interviews in the investigation, which has spanned more than three years.

The reports were on computer discs turned over to defense attorneys April 5, two days after Fischer ordered that the information not be disclosed, expressing concern that leaks could expose confidential informants and impede the ongoing probe.

Federal authorities are conducting two other leak investigations in California to determine who divulged confidential information in a recently completed terrorist prosecution in Lodi and a grand jury investigation in San Francisco into the use of steroids by professional athletes.

Those who are found to have leaked documents or other evidence in violation of a protective order could be found in contempt of court and fined, imprisoned or both. Newspapers and other media outlets, however, are not prohibited from publishing the information.

While several defense attorneys have privately denounced the leaks as a ploy to sully individuals not yet charged and divert attention from those already indicted, prosecutors are clearly concerned that the leaks could jeopardize the confidential nature of their investigation.

"They won't walk away from it," said one federal law enforcement source who is not involved in the case. "Part of the reason grand jury proceedings are secret is that you don't want to publicly identify people who might never be charged in a case. And you defeat all of that if you leak information" despite a court order.