By This Court is Appropriate as the Defense has a Legal Obligation to Rebut the Disputed Information. Thus, the defendant must be given a reasonable opportunity to rebut any information offered by the government to prove loss and damages in order to provide the court with accurate, complete information. Obviously, in order to present evidence regarding a fact in dispute, the defense must be made aware of the government's position. Here, the amount of restitution that should be ordered is in dispute. In order to properly present to the Court information countering the government's assertion of the amount of restitution required, the defense must know exactly what amount of restitution the victim companies are claiming.
Courts appear to be applying general discovery rules to sentencing hearings.
Therefore, receiving the necessary discovery from the government so that the defense may present rebuttal evidence to the Court is all the more important. That Either Exculpates the Defendant or Mitigates the Damage Done. Any information the government has in its possession that would tend to discredit the claims of loss of the victim companies is potential Brady material. This includes information that any of the victim companies used resources, disclosed information, or restricted the use of their systems to assist the government in its investigation. In addition, any evidence of other intruders in the victim companies' computer systems at the same time would be exculpatory as to the loss and damages issue attributable to Mr. Mitnick.