Via Politico: Mark Lenzi Accuses @StateDept’s Leadership, Diplomatic Security of Retaliation #HavanaSyndrome

 

Via Politico:

“One of those victims, current State Department official Mark Lenzi, sustained traumatic brain injuries while on assignment in Guangzhou, China, in late 2017, when he was working as a security engineering officer in the Bureau of Diplomatic Security.
[…]
Lenzi provided documents to POLITICO that detail his claims that State’s leadership has retaliated against him for speaking out publicly and for working with the members of Congress who have been investigating the matter.”
[…]
“On his first day as secretary of State, Secretary Blinken — who I know and have the utmost respect for — told the Department of State workforce that he ‘would not tolerate retaliation against whistleblowers,’” Lenzi said. “However, under his tenure, retaliation against me by the State Department’s Diplomatic Security Bureau for my whistleblowing activities with the U.S. Office of Special Counsel and with Congress has actually increased.”
[…]
Since then, Lenzi says, the State Department has retaliated against him in a number of ways. Documents viewed by POLITICO show that the department most recently yanked his administrative leave last month — forcing him to use sick leave or leave-without-pay to participate in medical studies and attend therapy sessions — and has denied him access to his classified computer system, even though he retains his top-secret security clearance.
[..]
The federal agency that handles whistleblower claims previously found “a substantial likelihood of wrongdoing” in the case of Lenzi and his claims of retaliation, according to an April 2020 Office of Special Counsel memo. That retaliation probe is ongoing.

Related posts:

#HavanaSyndrome at U.S. Embassy Bogotá: Who should be in the business of confirming these incidents?

 

Via Daily Press briefing, October 12, 2021:
QUESTION: … And can you confirm the Havana syndrome cases or deny it, or just address that in Colombia embassy in Bogotá, in U.S. Embassy in Bogotá?
MR PRICE:  …. When it comes to Havana syndrome, you will probably not be surprised to hear me say we are not in the business of confirming reports. But —
QUESTION: But I don’t understand, why are you not in the business of confirming reports? This is squarely about State Department personnel. These are happening at U.S. embassies. Who should be in the business of confirming these incidents?
MR PRICE: We are in the business of, number one, believing those who have reported these incidents, ensuring that they get the prompt care they need in whatever form that takes, whether that is at post, whether that is back here in the Washington, D.C. area. We are in the business of doing all we can to protect our workforce and the broader chief of mission community around the world.
QUESTION: So have they reported in Bogota U.S. embassy?
MR PRICE: I’m sorry?
QUESTION: Have they reported – like, are you doing all of those things for U.S. embassy in Bogota?
MR PRICE: We are doing this everywhere an anomalous health incident is reported. But we are also doing things universally, and we are communicating with our workforce. We are instituting new training modules to ensure that outgoing State Department officers know how to detect a potential anomalous health incident, they know how to report a potential anomalous health incident, they know who – to whom to turn should they need to report it, they know the type of assistance that they can receive. Their families are apprised of these dynamics as well. And as you know, the Secretary has had an opportunity to meet with some of those who have reported AHIs.
There is no higher priority that the Secretary has to the health, the safety, the security of our workforce. I’ve said this before, but even before he was Secretary of State, one of the briefings he proactively requested as the nominee for the office he now holds during the transition was a comprehensive briefing on so-called Havana syndrome or anomalous health incidents. He wanted to make sure he entered this job understanding where we were and what we had done, and importantly, what this department could do better to support our workforce at all levels. And we have taken a number of steps, including in terms of communication, in terms of care, in terms of detection, in terms of protection for our workforce, and that is something that will continue to be a priority for the Secretary.
Francesco.
QUESTION: Just to follow up on that, it was this building that (inaudible) spoke about those cases in Havana and then in China. Why aren’t you confirming for the sake of transparency where there are cases reported – if they are Havana syndrome or not, it’s another thing, but where there are reported incidents, why aren’t you doing that? And then I have another question on Cuba protest.
MR PRICE: So in many cases it is a matter of privacy of individuals, wanting to respect privacy. But let me just make clear that when cases have been reported, our posts overseas have communicated that clearly to the community within the embassy. We have also engaged – Brian McKeon has engaged with posts that have reported a number of anomalous health incidents. So it is not – certainly not – the case that we are ignoring this. We are just not speaking to the press, we’re speaking to our workforce, as you might expect when it comes to a matter of their health and safety and security.
GRRRR! STOP THAT BROKEN RECORD!
Excuse me, was I loud? That’s nice that they value the privacy of individuals.
Requesting a confirmation of reported cases at one post does not require that the State Department released the names of the affected individuals. Did it happen there or not? So how does that actually compromises employees’ privacy?
And while we’re on the subject of “when cases have been reported” … how many emails do employees need to send to how many entities within State/MED –MEDMR? MEDHART? MEDFART? MEDFUCKIT– before anyone get the courtesy of a response?
We regret to say this but there’s no shortage of opportunities for Foggy Bottom to disappoint these days.
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Swastika Investigation: No update but DS has “resorted to a number of investigative techniques”

 

Related posts:
August 11/21: Non-Update on the Swastika Investigation in Foggy Bottom
July 29, 2021: @StateDept Opens Swastika Incident Investigation in Foggy Bottom
Via DPB, October 12, 2021:
QUESTION: … I just want to ask about two reports. These are non-policy things. One – or actually, I’ll just ask about one because the IG report on it was not – I want to ask about something that has dropped off the radar but I asked you about a little while ago, and that’s the swastika incident in the elevator. What’s – it’s been now almost three – more than three months, or almost three months.
MR PRICE: It has. It has.
QUESTION: What’s going on?
MR PRICE: And our Diplomatic Security remains engaged in this investigation. As you know, immediately upon discovering this horrific symbol in the building, the Secretary ordered an investigation. They have resorted to a number of investigative techniques. We are also taking into account what other practices, procedures, tools we might implement here in the building to help us in the course of any such future investigations, hoping that we don’t need to resort to that. I don’t have an update for you.
QUESTION: So there’s – okay, nothing.
MR PRICE: But it remains a priority for us.

###

#PandoraPapers Follow the Money of the Rich and Famous Around the World #hotspots

 

Havana Syndrome: Did the NSA Say It Was Crickets, Too, in 2014?

2016-2018 (JASON Report Released via FOIA)
JASON report: “Acoustic Signals and Physiological Effect on U.S. Diplomats in Cuba”

2020 (Report Released by National Academy of Sciences)
An Assessment of Illness in U.S. Government Employees and Their Families at Overseas Embassies

2016-2019 (Released via FOIA in 2019)

“Cuba Unexplained Events Investigation—Final Report: Havana, Cuba, August 2016 to March 2019,”

2018: JAMA

Neurological Manifestations Among US Government Personnel Reporting Directional Audible and Sensory Phenomena in Havana, Cuba

2014 (NSA Case)

###

Former @StateDept Employee Pleads Guilty To Honest Services Fraud Scheme

 

This is a follow-up to the June 2, 2021 post we did — SDNY Charges @StateDept Contractor in Multimillion-Dollar Fraud Schemes, Then There’s “Insider-1” at OBO.

On September 20, 2021, the Justice Department announced that May Salehi, a former State Department employee, pled guilty today to conspiracy to commit honest services fraud.  See U.S. v. May Salehi.
Below is the USDOJ announcement: Former State Department Employee Pleads Guilty To Honest Services Fraud Scheme

May Salehi Provided Confidential Bidding Information to a Bidder and Received Lucrative Kickback Payments in Return

Audrey Strauss, the United States Attorney for the Southern District of New York, Michael Speckhardt, the Special Agent in Charge of the U.S. Department of State, Office of Inspector General (“State Department OIG”), and Thomas Fattorusso, Acting Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, New York Field Office (“IRS-CI”), announced that MAY SALEHI, a former State Department employee, pled guilty today to conspiracy to commit honest services fraud.  SALEHI was a longtime State Department employee who was involved in evaluating bids for critical overseas government construction projects such as U.S. embassies and consulates.  SALEHI gave confidential inside bidding information to a bidder, and received $60,000 in kickback payments in return.  SALEHI surrendered today and pled guilty before United States Magistrate Judge James L. Cott.  SALEHI’s case is assigned to United States District Judge P. Kevin Castel.

Manhattan U.S. Attorney Audrey Strauss said: “As a State Department employee, May Salehi was entrusted to serve the public.  Instead, she abused her position of trust to line her own pockets, as she admitted today.  Salehi revealed, and traded on, confidential information – corrupting the bidding process and receiving lucrative kickbacks in return.  Together with our law enforcement partners, this Office is committed to rooting out corruption.”

State Department OIG Special Agent in Charge Michael Speckhardt said: “The State Department OIG is dedicated to preserving the integrity of the Department’s programs and processes.  As government employees, we are entrusted to carry out our responsibilities with integrity and support an equitable process.  May Salehi did just the opposite.  She used her position of public trust to selfishly obtain a personal financial advantage by selling proprietary contracting information for profit.  Today’s plea, the culmination of extensive investigative and prosecutorial efforts, demonstrates that those who violate the public’s trust will be held accountable for their actions.”

IRS-CI Acting Special Agent in Charge Thomas Fattorusso said: “May Salehi violated the trust of the American taxpayer by putting her personal financial gain over her responsibilities to safeguard confidential information and government resources. Today’s guilty plea shows IRS-Criminal Investigation will continually work with our law enforcement partners to protect the American taxpayer from this type of abuse.”

According to the allegations in the Information, court filings, and statements made in court:

From 1991 until mid-2021, MAY SALEHI was a State Department employee.  For many years, SALEHI worked as an engineer in the State Department’s Overseas Building Operations division (“OBO”), which directs the worldwide overseas building program for the State Department and the U.S. Government community serving abroad.

In 2016, the State Department solicited bids for a multimillion-dollar construction project known as a compound security upgrade to be performed at the U.S. Consulate in Bermuda (the “Bermuda Project”).  The bidding process involved the submission of blind, sealed bids from various bidders.  Six companies submitted sealed bids, one of which was named Montage, Inc. (“Montage”).

SALEHI was involved in the Bermuda Project in several respects.  Among other things, SALEHI served as the Chair of the Technical Evaluation Panel (“TEP”) – a panel of experts that evaluates the technical aspects of bids, including whether they meet the State Department’s structural and security needs.  In connection with the Bermuda Project, the TEP disqualified one bidder, but determined that the other five bids (including Montage’s bid) were technically acceptable.

In September 2016, the State Department’s employees who evaluate the cost of bids gave the remaining five bidders (including Montage) the opportunity to re-bid, if they wished to do so.  Montage had two days to decide whether to submit a re-bid.  During that two-day window, Montage’s principal, Sina Moayedi, spoke with SALEHI by phone and sought confidential inside bidding information about the relationship between Montage’s bid and those of its competitors, which SALEHI supplied.  SALEHI knew that this information was confidential, and that it was unlawful to provide it to a prospective bidder.  After Moayedi received this inside information from SALEHI, Montage immediately increased its bid by $917,820.  In its revised submission to the State Department, Moayedi and Montage lied as to the reason it had increased its bid by nearly $1 million, falsely claiming that it had discovered “an arithmetic error” in its estimates.  Montage was ultimately awarded the Bermuda Project with a revised bid of $6.3 million.

In the months that followed, Moayedi paid SALEHI a total of $60,000 in kickbacks, which he paid in three installments.  In making these kickback payments, Moayedi used intermediaries to obscure the link between him and SALEHI.  To conceal the true purpose of the kickback payments, SALEHI also gave one of the intermediaries a Persian rug.  SALEHI did not report the $60,000 kickback payments on her State Department financial disclosure form.

* * *

SALEHI, 66, of Washington, D.C., pled guilty to one count of conspiracy to commit honest services fraud, which carries a maximum sentence of five years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as SALEHI’s sentence will be determined by Judge Castel.

Sina Moayedi was arrested on May 28, 2021, on three charges contained in a criminal Complaint: wire fraud, conspiracy to commit wire fraud, and bribery of a public official.  The charges against Moayedi are pending.

Ms. Strauss praised the outstanding investigative work of the State Department OIG, Special Agents from the United States Attorney’s Office for the Southern District of New York, and IRS‑CI.  She also thanked Special Agents from the United States Attorney’s Office for the District of Columbia and the Montgomery County, Maryland, Police Department.

The Office’s Complex Frauds and Cybercrime Unit is handling this criminal case.  Assistant U.S. Attorneys Michael D. Neff and Louis A. Pellegrino are in charge of the prosecution.

###

 

Non-Update on the Swastika Investigation in Foggy Bottom

 

Related: @StateDept Opens Swastika Incident Investigation in Foggy Bottom
An insider previously pointed out to us that there are very few visitors in Foggy Bottom these days and those few are always accompanied by someone from State. There are also cameras everywhere.  So unless a gremlin etched the Nazi symbol in the elevator and somehow escaped the cameras, we should know the culprit soon, shouldn’t we? It is true that the HST building is a large place; it has 1,400,000 square feet of floor space but the Pentagon has 6,500,000 square feet of office space and their door to door sweep almost found Yuri! So, c’mon!
By the way, Diplomatic Security just got a new assistant secretary. The Senate, just this week, confirmed Gentry O. Smith as Assistant Secretary of State for Diplomatic Security.  We’re sure his plate will get full pretty quickly as soon as he is sworn-in but this is not just a simple case of vandalism.  Did somebody just walked in and etched a hateful sign inside the building then walked out? No? Given the reaction of the State Department leadership and the WH on this incident, our assumption is that this investigation would be on top of Mr. Smith’s list as he assumes charge of the diplomatic security bureau.
Below via State Department Briefing | August 10, 2021:

QUESTION: Just in time. I have a – one housekeeping item that I want to start with and then go to Afghanistan. It’s now been a little bit over two weeks – 15 days, I think – since the swastika was discovered in the elevator. Secretary came out, obviously condemned it, said there would be an investigation into it. What’s the result of the investigation?

MR PRICE: Well, Matt, as you know, shortly after the swastika was discovered, the Secretary sent a note to the entire workforce. And he made clear in that note that hate has no home here. And nowhere is that tolerated, everywhere is it abhorrent, but here in this department, the – a department that stands for defending human rights, human dignity, the values of pluralism and inclusion around the world, that symbol is especially repugnant, and repugnant to the women and men of the department and to everyone who works here.

In the days after – and you heard directly from Secretary Blinken, I guess it was a week ago yesterday, on this – of course, President Biden has put forward a nominee for a special envoy to combat anti-Semitism, put forward a nominee for – to be an envoy for international religious freedom. And as Secretary Blinken noted in his message to the workforce, there is an investigation underway. I know this is a priority on the part of the investigators who are looking closely into this. I don’t have an update that I’m able to provide at the time, but if and when we do, I will certainly be able give you that.

QUESTION: Well, far be it from me to say that something is taking a long time or not taking a long time, because I – but an elevator is a pretty small place, right? This building has got controlled access. It would seem to me that two weeks is more than enough to come up with a – to come up with some kind of explanation. And while you’re correct in saying that this kind of hate has no place and that the Secretary said that, this building also stands for accountability and transparency. So —

MR PRICE: Absolutely. Absolutely. And —

QUESTION: So are you really telling me that two weeks after the fact, they can’t – they got no leads —

MR PRICE: The elevator is a small place. This building, as you know, is a large place.

QUESTION: I —

MR PRICE: So —

QUESTION: Yeah, but it’s not that big, Ned. Come on. It’s not that big. All right. If you don’t have anything, you don’t have anything.

MR PRICE: I don’t have anything to offer now, but we —

QUESTION: All right, let’s go on —

MR PRICE: — of course, do believe in the value of transparency. That’s why we’re out here every day.

QUESTION: Yes.

MR PRICE: And, of course, as soon as we have an update, we’ll be able to share that.

###

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@StateDept Opens Swastika Incident Investigation in Foggy Bottom

 

 

Following reports that a swastika was found etched into the wall of an elevator in Foggy Bottom, the State Department has reportedly opened an investigation into the incident. Axios which broke the news of the incident writes:

“The defacement raises troubling questions about security inside the nation’s foreign policy nerve center, and the potential for antisemitism within an outward-facing element of the United States government.”

While the State Department has over 76,000 employees worldwide, the latest June 2021 data from State/GTM indicates that there are some 15,279 Foreign Service and Civil Service Domestic Employees.  There are also various federal contractors working in Foggy Bottom but we do not have a good estimate for those type of employees.
Axios points out that most employees are working from home and that “All of elevators within “Main State” are within a secure perimeter, and security cameras — and, in many cases, uniformed guards – cover entrances to all secure areas.” The investigation including the availability of camera footage would be under Diplomatic Security’s responsibility.
One unintended consequence of this incident is it has raised further awareness among the State leadership and the general workforce that this scourge exists and should not be tolerated. And that, as one employee told us, “when it’s detected anywhere – domestic or overseas — within our midst and work environments, there needs to be tangible and swift consequences.” It has also been pointed out to us that State has an “occasional propensity” to sweep things under the rug because it’s embarrassing and/or inconvenient.
Well, hopefully, not this time. Too many people are paying attention for that to happen.
When the culprit is caught, what might be the penalty? Where would this offense be in the penalty list for 3 FAM 4540? Or 3 FAM 4370?
There is also 18 U.S. Code § 1361 which says “If the damage or attempted damage to such property exceeds the sum of $1,000, by a fine under this title or imprisonment for not more than ten years, or both; if the damage or attempted damage to such property does not exceed the sum of $1,000, by a fine under this title or by imprisonment for not more than one year, or both.”
And of course, there is always notoriously disgraceful conduct.
Let’s pay close attention to what happens next.

 

Here is Secretary Blinken’s note:
'Hate Has No Place Here' note, Secretary Blinken, July 27, 2021

‘Hate Has No Place Here’ note, Secretary Blinken, July 27, 2021

 

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Ex-USG Employee Pleads Guilty: 24 Women, Six Countries, 487 Videos/Images in a 14 Year Crime Spree

 

In October 2020, we blogged about the notorious case involving ex-USG employee Brian Jeffrey Raymond (see Ex-USG Employee Brian Jeffrey Raymond, Called an “Experienced Sexual Predator,” Ordered Removed to D.C. Oct 28. 2020).  We did a follow-up post in March 2021 (USA v. Raymond: Court Issues Protective Order Pertaining to Classified Information). Court records do not identify Raymond’s agency employer, and no agency has claimed him! Public records only say that he was an employee of the U.S. government.
On July 23, USDOJ announced that “a California man pleaded guilty today to sexual abuse and admitted to the abusive sexual contact of numerous women, as well as photographing and recording dozens of nude and partially nude women without their consent during his career as a U.S. government employee.”
According to court records, Raymond accepted a plea deal on May 27, 2021, one day before the plea offer was set to expire.  The plea agreement was entered into court on July 23, 2021. Also on July 23, Raymond waived his right to trial by jury. The USG and Raymond also agreed to a Statement of Offense:

“These facts do not constitute all of the facts known to the parties concerning the charged offense; they are being submitted to demonstrate that sufficient facts exist that the defendant committed the offenses to which he is pleading guilty: Sexual Abuse of AV-7 and AV-9, in violation of 18 U.S.C. § 2242(2), and transportation of obscene material, in violation of 18 U.S.C. § 1462.

Some notable items in the Statement of Offense:

#1. Between on or about August 21, 2018 and June 1, 2020, Raymond, now 45 years old, was a U.S. government employee working at the U.S. Embassy in Mexico City, Mexico. During that time, Raymond lived in an apartment assigned to him by the U.S. government. Raymond’s residence in Mexico City has been leased by the U.S. government since April 2013 for use by U.S. personnel assigned to diplomatic, consular, military, and other U.S. government missions in Mexico City. The U.S. government currently maintains a nine-year lease of the property. This residence falls within the Special Maritime and Territorial Jurisdiction (““SMTJ”) of the United States, pursuant to 18 U.S.C. § 7(9).

2. On May 31, 2020, there was an incident at Raymond’s embassy-leased residence in Mexico City.During an interview with law enforcement on June 2, 2020, Raymond stated that he had sexual intercourse with an adult woman, hereinafter referred to as AV-1, on May 31 and that it was consensual. AV-1 was interviewed and reported that she has no memory of the incident and did not consent to sexual intercourse with Raymond. After the May 31, 2020 incident, law enforcement executed several premises and device search warrants, including but not limited to search warrants for Raymond’s phones, laptops, tablets, thumb drives, and memory cards, Raymond’s Mexico City residence, his parents’ residence in La Mesa, California, Tinder and other social media accounts, email accounts, and his iCloud account.

4, Agents found approximately 487 videos and images of unconscious women in various states of undress on multiple devices belonging to Raymond and in his iCloud account.

6. Through its investigation, law enforcement learned that from 2006 to 2020, while working as a U.S. government employee, Raymond recorded and/or photographed at least 24 unconscious nude or partially nude women (AV-2 through AV-25).

7.  Raymond discussed having sex with AV-7 with a friend via text message the following day.

9. In March 2020, approximately two months before his interaction with AV-7, Raymond also texted the same friend mentioned above about having sexual intercourse with AV-9. AV-9 is a resident of Mexico and primarily a Spanish speaker. He texted the same friend that he had to pay for an Uber for AV-9 and expressed that it was annoying but ultimately worthwhile because he was able to have sex with her. 

Item #11 in the Statement of Offense includes a chart that depicts the victims, the number of photos/videos, locations, dates, and example of the obscene depiction of victims.  In addition to victims AV-7 and AV-9, the list of victims include 18 other individuals. Locations include California, Virginia, Maryland, Washington, D.C., as well as Mexico and “Countries 3, 4, 5, and 6 [are] known to the government and to the defendant.”
Item #14 in the Statement of Offense notes:

“Raymond stipulates and agrees that from 2006 until 2020, including on the dates listed on the chart above, he recorded and/or photographed at least 24 unconscious and nude or partially nude women, some of whom are not mentioned in this plea agreement or statement of facts, and that during the same time frame, he touched the breasts, buttocks, groin area, and/or genitalia of numerous women, some of whom he recorded and/or photographed and some of whom are mentioned in this agreement. Raymond engaged in this conduct while the women were incapable of appraising the nature of the conduct. The women who have been interviewed reported commonalities in their contact with Raymond, including Raymond’s provision and/or preparation of alcoholic beverages and their subsequent memory loss. None of the women consented to being touched while unconscious and/or asleep, and none of them consented to Raymond’s photographing and recording of them in that state.”

The Plea Agreement says:

” …a violation of 18 U.S.C. § 2242(2) carries a maximum sentence of life imprisonment; a fine of $250,000; a term of supervised release of at least 5 years but not more than life, pursuant to 18 U.S.C. § 3583(k); mandatory restitution under 18 U.S.C. § 3663A; and an obligation to pay any applicable interest or penalties on fines and restitution not timely made.

Your client understands that a violation of of 18 U.S.C. § 1462 carries a maximum sentence of five years’ imprisonment; a fine of $250,000; a term of supervised release of at least one year but not more than three years, pursuant to 18 U.S.C. § 3559; restitution under 18 U.S.C.§ 3663; and an obligation to pay any applicable interest or penalties on fines and restitution not timely made.

Your client also understands that the court shall impose mandatory restitution pursuant to 18 U.S.C. § 2248, which restitution amount shall reflect the defendant’s relative role in the causal process that underlies the victims’ losses.”

Under Additional Charges:

“In consideration of your client’s guilty plea to the above offense(s), your client will not be further prosecuted criminally by this Office or the Human Rights and Special Prosecutions Section for the conduct relating to victims AV-1 through AV-26 that is described in the Statement of Offense. This office has consulted with the U.S. Attorney’s Office for the Eastern District of Virginia and understands that it will also not bring charges for that conduct. Additionally, if your client’s guilty plea to Counts One, Two, and Three of the Information is accepted by the Court, and provided the plea is not later withdrawn, no charges related to the inducement and/or transportation of AV-15 or the transportation of obscene material will be brought against the defendant by the United States Attorney’s Office for the District of Maryland.

Moreover, provided the plea is accepted and not later withdrawn to Counts One, Two, and Three, no charges relating to the inducement of AV-2 or the transportation of obscene material will be brought by the United States Attorney’s Office for the Southern District of California, and no charges relating to the inducement of AV-17 or the transportation of obscene material will be brought by the Northern District of Illinois. This agreement does not preclude any U.S. Attorney’s Office for bringing charges against your client for criminal conduct that is distinct from that set forth in the Statement of Facts. For example, if the investigation later revealed that your client had been engaged in sexual activity with a minor and/or involved in commercial sex acts or money laundering, this agreement would not preclude a prosecution for those crimes.”

Under Restitution:

“Your client understands that the Court has an obligation to determine whether, and in what amount, mandatory restitution applies in this case under 18 U.S.C. § 3663A and 18 U.S.C. § 2248 at the time of sentencing.

The Court shall order restitution to every identifiable victim of your client’s offenses. Your client agrees to pay restitution in the amount of $10,000 per victim to AV-1 through AV- 26, provided they are identified at or before the time of sentencing. Furthermore, your client
agrees that, for purposes of this plea, AV-1 through AV-26 are all victims of the offense and are entitled to the same rights as victims so designated under the Crime Victims’ Rights Act (“CVRA”), to include the right to be reasonably heard at the sentencing hearing and the right to full and timely restitution. See 18 U.S.C. § 3771. By agreeing to this, your client is not acknowledging that each of these victims would be a victim of a federal offense, nor is your client agreeing that these victims would be so designated should this case go to trial. Similarly,
by agreeing to the terms of this plea, the Government does not concede that federal offenses do not exist for these victims, nor does it concede that the victims would not be victims under the CVRA should this case go to trial. In addition, your client agrees to pay restitution to any other victim that he recorded/photographed nude while that victim was unconscious, provided that victim is identified at or before the time of sentencing, and further agrees that they are crime victims in this case and entitled to the rights as victims so designated under the CVRA. Your client understands that these victims still maintain a right to request a larger amount of restitution from the Court, and that the agreed upon payment to each victim is the minimum amount due.”

The Plea Agreement includes a sex offender registration requirement for the remainder of Raymond’s life “…. client is required to register as a sex offender for the remainder of his life, and to keep the registration current in jurisdictions where your client resides, where your client is employed and where your client is a student.”
The Plea Agreement notes that the Government’s proposed estimated Sentencing Guidelines range is 262-327 months (the “Estimated Guidelines Range’). The Defendant’s proposed estimated Sentencing Guidelines range is 135-168 months.  So potentially anywhere between 11 years and 27 years.
A similar case to this in 2011 involved Andrew Warren, 43, a former official with the Central Intelligence Agency (CIA).  That case involved charges of abusive sexual contact and unlawful use of cocaine while possessing a firearm. The sexual assault occurred at a US Embassy property in Algeria, and involved one victim. Warren was sentenced to 65 months in prison and 10 years of supervised release following his prison term (see Former CIA Station Chief to Algeria Gets 65 Months for Sexual Assault on Embassy Property).
Via USDOJ: If you believe you have been a victim, have information about Raymond or know of someone who may have information about Raymond, the FBI requests that you fill out this secure, online questionnaire, email FBI at ReportingBJR@fbi.gov or call 1-800-CALL-FBI.

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State/OIG Reports to Congress: Investigations Into Mrs P’s Travels, Ambassadors, Senior Advisors, FSOs and More

13 Going on 14 — GFM: https://gofund.me/32671a27

 

On June 1, 2021, State/OIG published online its Semiannual Report to the Congress (October 1, 2020 to March 31, 2021).
On  accountability and independence, the OIG reports:
“OIG did not encounter any attempts to interfere with Inspector General independence—whether through budgetary constraints designed to limit its capabilities, resistance or objection to oversight activities, or restrictions on or significant delays in access to information—for the reporting period from October 1, 2020, through March 31, 2021.
OIG encountered a three-month delay in scheduling an interview with Secretary Michael Pompeo as part of its review of allegations of misuse of Department resources. OIG initially requested an interview on September 11, 2020, but then-Secretary Pompeo did not agree to the interview (which was scheduled for December 23, 2020) until December 16, 2020.
During a mandated review of the Bureau of International Narcotics and Law Enforcement Affairs’ (INL) reporting related to National Drug Control Program activities, INL was not sufficiently responsive to OIG’s requests for information. At the conclusion of fieldwork, OIG determined that it could not complete its review because it did not have sufficient, appropriate evidence to be able to draw a conclusion about whether the Department’s management assertions in its Accounting and Authentication of FY 2020 Drug Control Funds and Related Performance Report were fairly stated.”
The Office of Evaluations and Special Projects (ESP):
“From October 1, 2020, to March 31, 2021, ESP issued one unclassified report on Department programs and operations. Management Assistance Report: Representational Travel by the Spouse of the Secretary of State (ESP-21-01, 12/2020) In 2019, OIG received a whistleblower complaint related to travel by the spouse of the Secretary of State that the Department considered official travel. To investigate this complaint, OIG requested and reviewed documentation related to official representational family travel by Susan Pompeo from April 2018 to April 2020. Generally, Department policy permits such travel by relatives of Department officials for appropriate representational purposes. However, both Department guidance and principles of internal control require documentation of both the official purpose and the approval of the travel. The Secretary’s spouse took eight trips that were declared official from April 2018 to April 2020. Of the eight trips, OIG found documentation of an authorized purpose for all eight trips, but only found written approval for two of the trips.
OIG recommended that the Office of the Secretary seek and gain written approval for all representational travel, and that the Under Secretary for Management or other authorizing official document in writing the approval for all representational trips by any family members. The Department concurred with these recommendations.”
ESP Substantiation of Allegations of Non-Criminal Misconduct Involving Senior Government Employees, 10/1/2020–3/31/2021
— A case closed in January 2021 involved a U.S. Ambassador. “OIG found that the official committed several violations of Department policy, including involving a household member in official duties, using personal social media accounts for official activities, and failing to comply with 3 FAM 1214.1 “Leadership and Management Principles for Department Employees” and “The Standards of Ethical Conduct for Employees of the Executive Branch,” issued by the U.S. Office of Government Ethics. OIG referred its findings to the Under Secretary for Political Affairs and the Bureau of African Affairs. Shortly after OIG issued its findings, the Ambassador left office as part of the presidential transition.”
— A case closed in March 2021 involved a USAGM Senior Advisor.  “OIG found that the official violated Federal recordkeeping regulations by instructing employees to communicate with her on official matters using a mobile messaging application and then deleting the messages without properly preserving them in agency recordkeeping systems. OIG referred its findings to USAGM, which reviewed the matter and notified the National Archives and Records Administration of the improper disposal of Federal records.”
The Office of Investigations conducts worldwide investigations of criminal, civil, and administrative misconduct related to programs and operations of the Department. During the reporting period, OIG conducted a number of investigations involving senior Government employees.
Investigations Involving Senior Government Employees Where Allegations Were Substantiated, 10/1/2020–3/31/2021
— On June 12, 2015, OIG opened an investigation based on information that a senior Administrative Officer and two of her subordinates violated procurement rules and regulations related to the use of U.S. Government purchase cards. The investigation substantiated the allegation and revealed the officer instructed her employees to engage in the practice of split purchasing. As there was no violation of criminal law, the case was not referred to DOJ. However, the officer resigned from the Department while under investigation. The case was closed in January 2021.
— On October 28, 2019, OIG opened an investigation based on information that the senior advisor to a U.S. Ambassador serving overseas may have received supplemental compensation from a private company while serving as a U.S. Government employee. The investigation revealed the advisor transmitted Sensitive But Unclassified information to non-U.S. Government personnel and received gifts of airfare and a gift card valued over $8,000 from a private business entity. As there was no violation of criminal law, the case was not referred to DOJ. However, the officer resigned from the Department while under investigation. The case was closed in February 2021.
— On May 29, 2019, OIG opened an investigation regarding multiple allegations of misconduct by a U.S. Ambassador. The investigation revealed the Ambassador inappropriately used his position to try to influence the move of a professional sporting event to a different venue. He also knowingly allowed his special assistant to conduct personal matters that fell outside of her scope of official duties, and while using non-Department email accounts, he did not courtesy copy or forward to his official Department email account at least 62 official emails in the span of approximately 6 months.As there was no violation of criminal law, the case was not referred to DOJ. However, the Ambassador resigned from the Department while under investigation. The case was closed in February 2021.
Under notable resolutions, State/OIG/INV’s list includes the following:
— In March 2021,  two Foreign Service Officers agreed to pay more than $13,033 to the U.S. Government to resolve issues related to fraud allegations regarding Department travel vouchers. OIG special agents determined that the married couple engaged in a scheme to defraud the Department by filing four travel vouchers that claimed lodging expenses they were not entitled to under Federal Travel Regulations. The fraud was committed from approximately September 2014 through April 2019. OIG’s Office of General Counsel coordinated the Program Fraud Civil Remedies Act action that resulted in the settlement.
–In October 2020, three individuals were indicted for using a business email compromise scheme, or BEC, to defraud the Department. OIG and Federal Bureau of Investigation (FBI) special agents determined the individuals tricked the Department and a nonprofit agency into wiring at least $575,000 into bank accounts they controlled for the purpose of enriching themselves and their co-conspirators.
Under employee misconduct:
— In November 2020, former Seabee Martin Huizar was sentenced to 109 months’ incarceration and ordered to pay $40,100 in fines and $10,000 in restitution, along with serving a 10-year term of supervised release, for transportation of images of child sexual abuse on his phones and tablet computer. The OIG Special Assistant United States Attorney assigned to the Eastern District of Virginia prosecuted the case.
 

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