California Attorney General Bill Lockyer said today he does not yet have evidence linking Hewlett-Packard chief executive Mark Hurd to crime in the state's investigation of the computer maker.
Mr Lockyer's office is investigating whether HP used illegal tactics to identify the source of boardroom leaks to media linking back to 2005. He said the inquiry would trace "up the corporate chain" at HP to determine which executives participated in the probe.
"We don't yet have any evidence that would lead to the CEO as one of those that committed the crimes," Lockyer told CNBC in an interview. But we're not complete yet. We haven't finished the investigation."
Mr Hurd faces greater scrutiny following published reports this week that he was more involved in the company's probe than previously thought.
The Washington Postsaid Hurd approved an elaborate "sting" operation on a reporter to find the source of leaks about the company. If so, Mr Hurd may follow in the footsteps of HP Chairman Patricia Dunn, analysts said.
Dunn spearheaded the investigation and announced earlier this month that she would leave her post in January.
Mr Hurd is due to discuss HP's investigation at a news conference later today.
HP has said outside investigators hired by the company used false identities to obtain the phone records of board directors, employees and journalists.
Mr Lockyer said his office was in the middle of its inquiry but would not give a timetable for its conclusion. "I don't think it's months away, it's more like weeks or days," he said.