Hacking Cases Focus on Memo to a Murdoch

LONDON — As dozens of investigators and high-powered lawyers converge on Rupert Murdoch’s News International in the phone hacking scandal, attention has focused on the printout of an e-mail excavated three months ago from a sealed carton left behind in an empty company office.

Addressed to Mr. Murdoch’s son James, it contained explosive information about the scale of phone hacking at The News of the World tabloid — information James Murdoch says he failed to take in because he did not read the whole e-mail chain.

The e-mail returned to cause trouble for News International, the British newspaper subsidiary of News Corporation, several weeks ago when the company said that it had been deleted from Mr. Murdoch’s computer. Even as people familiar with the investigations said the e-mail and its convoluted history will form a crucial part of the inquiry into allegations of a cover-up, the scandal appeared to be widening on Saturday, as senior journalists at News Corporation’s Sun tabloid were arrested.

Tracing the story of the e-mail, which was found in November and first became publicly known in December, also sheds light on the intrigue surrounding Mr. Murdoch, the company’s heir apparent, and on efforts to protect him from the scandal.

Embroiled in three separate police operations, a parliamentary investigation, a judicial inquiry and a flurry of civil suits with potentially hundreds more waiting in the wings, News Corporation has begun to provide information that suggests a broader sweep of hacking activity at News International than was suspected even recently and more widespread knowledge within the company of past efforts to cover it up.

This new level of cooperation includes the release of damaging material from an internal investigation that is being overseen by executives who, observers say, are using it to consolidate their power within the company, a move that could come at James Murdoch’s expense.

“There’s no good way out of it,” a former News International executive said, speaking on the condition of anonymity because of the continuing investigations. “If you put up your hand and say, ‘I’m going to investigate myself and here’s what I found’ and you’re not very open and full about it, then it looks like just another cover-up.”

A Stunning Find

When The News of the World was closed in disgrace last summer, its newsroom was locked down by security guards. In mid-November, News International says, investigators searching the seized materials found a storage crate that, judging from a sticker on top, had come from the office of Colin Myler, the paper’s last editor. It contained a hard copy of an e-mail sent from Mr. Myler to James Murdoch on June 7, 2008 — in reality a chain of e-mails that included correspondence with Tom Crone, then an in-house lawyer.

“Unfortunately, it is as bad as we feared,” Mr. Myler wrote, speaking of an impending lawsuit that threatened to reveal that voice-mail hacking at the paper was endemic.

Last summer, senior News International officials said that in that crucial period in 2008, Mr. Murdoch had neither been told about nor shown documentation of the extent of the illegality at The News of the World. The discovery of the e-mail, said one former official with knowledge of the situation, was completely unexpected.

Why did it take so long to come to light? Linklaters, a law firm working for News International, said that a junior employee found it in November, but that senior officials at the firm did not know about it until December.

In addition, Linklaters told the Commons Committee on Culture, Media and Sport, Mr. Myler’s electronic copy had been lost “in a hardware failure” on March 18, 2010,” while Mr. Murdoch’s electronic copy had been deleted on Jan. 15, 2011 during an “e-mail stabilization and modernization program.”

Big corporations routinely delete old e-mails. Between April 2010 and July 2011, News International discussed e-mail deletion with HCL Technologies, which manages its e-mail system, on nine occasions, according to a letter HCL wrote to Parliament last summer.

Most of the reasons were mundane. But in January 2011, HCL said, News International asked whether HCL was capable of helping “truncate” — meaning delete — “a particular database” in the e-mail system. The question came shortly after disclosures in a civil suit brought by the actress Sienna Miller raised fears that material about widespread phone hacking at The News of the World might become public.

News International did not explain why it wanted the deletion. HCL said it could not help and told the company to look elsewhere.

It is not clear whether the “stabilization and modernization program” that deleted the Murdoch e-mail was linked to News International’s request to “truncate” data. But it is clear that on Jan. 15, when the deletion took place, the company knew it was facing civil and potentially criminal inquiries. A month earlier, reacting to new information from the Miller and other cases, it had suspended the News of the World’s news editor, Ian Edmondson, on suspicion of phone hacking, and handed some material to the police.
Copyright: http://www.nytimes.com/2012/02/12/world/europe/a-2008-e-mail-at-the-heart-of-a-hacking-scandal.html?ref=technology