Ex-FSO Indicted For Concealing Information in Background Investigation

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On April 2, the Department of Justice announced the indictment of a former State Department employee, a Foreign Service officer for “intentionally concealing information on his SF-86 background investigation questionnaires and in interviews with State Department background investigators.”
Congressional record indicates that a Paul M. Guertin of RI was confirmed by the U.S. Senate by voice vote on October 21, 2011  for his appointment as Foreign Service Officer of Class Four, Consular Officer and Secretary in the Diplomatic Service of the United States of America.
 Via USDOJ: Former State Department Employee Indicted for Concealing Information in Background Investigation

Paul Michael Guertin (“Guertin”), 40, of Arizona and former resident of Washington, DC, was indicted on March 29, 2021 by a federal grand jury in the District of Columbia for wire fraud and obstructing an official proceeding. The indictment was announced by Acting U.S. Attorney Channing D. Phillips and Special Agent in Charge Elisabeth Heller, of the U.S. Department of State, Office of Inspector General.

Guertin was a Foreign Service Officer who served on multiple State Department assignments, including overseas postings to U.S. diplomatic missions in Shanghai, China and Islamabad, Pakistan, and a posting to the Bureau of Intelligence and Research at State Department headquarters in Washington, DC. As a condition of his employment, Guertin was required to apply for and maintain a Top Secret security clearance.  According to the indictment, Guertin intentionally concealed information on his SF-86 background investigation questionnaires and in interviews with State Department background investigators. He withheld information about several categories of conduct, including an undisclosed sexual relationship with a Chinese national, whose U.S. visa application was adjudicated by Guertin while he was serving as a consular officer in Shanghai, China; undisclosed gambling debts; and an undisclosed $225,000 loan from two Chinese nationals, who were directed by Guertin to provide $45,000 of the initial disbursement in the form of cash in $100 bills.

An indictment is a formal accusation of criminal conduct, not evidence of guilt.  A defendant is presumed innocent unless proven guilty.

This matter was investigated by the U.S. Department of State, Office of Inspector General and is being prosecuted by Assistant U.S. Attorneys Christopher Brown and Thomas Gillice, with assistance from Paralegal Specialist Chad Byron.

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SF-86 form clearly states under Penalties for Inaccurate or False Statements that “the U.S. Criminal Code (title 18, section 1001) provides that knowingly falsifying or concealing a material fact is a felony which may result in fines and/or up to five (5) years imprisonment.”
According to the indictment, the Grand Jury was sworn in on January 28, 2021. The indictment includes two offenses: Count One: 18 U.S.C. § 1343: (Wire fraud); Count Two: 18 U.S.C. § 1512(c)(2) (Obstructing an official proceeding) plus Forfeiture: 18 U.S.C. § 981(a)(1)(C); 28 U.S.C. § 2461(c); 21 U.S.C. § 853(p) according to the court filing. Grand juries are composed of 16 to 23 citizens, who hear a wide range of criminal cases and decide whether there is evidence to justify indictments sought by federal prosecutors. To return an indictment, a minimum of 12 members of a grand jury must find probable cause.
Excerpts below from the indictment filed in the U.S. District Court for the District of Columbia:

3. During his tenure as a Foreign Service Officer, GUERTIN served on multiple State Department assignments abroad, including postings to diplomatic missions in Shanghai, China and Islamabad, Pakistan. GUERTIN also served at State Department headquarters in the District of
Columbia in the Bureau of Intelligence & Research (“INR”), the State Department’s intelligence office. GUERTIN was later assigned to language training in Taipei, Taiwan.

9. In connection with his initial employment with the State Department and periodic re-investigations, GUERTIN signed and submitted SF-86 forms on or about September 27, 2005; November 19, 2010; and April 3, 2016.

The indictment cites Guertin’s “undisclosed conduct” that includes Undisclosed Romantic Relationship with Chinese National Whose U.S. Visa Application GUERTIN Adjudicated; Undisclosed Financial Problems Due to Gambling; and Undisclosed $225,000 Loan Agreement with Two Chinese Nationals, Collateralized by GUERTIN’s House. The indictment also cites some electronic communication.

15. In or about June 2008, GUERTIN conducted a visa application interview with CHINESE NATIONAL 1 in his capacity as a consular officer at the U.S. Consulate in Shanghai, China. On or about June 11, 2008, GUERTIN favorably adjudicated CHINESE NATIONAL 1’s application for a U.S. visa.

16. Two days later, on or about June 13, 2008, GUERTIN sent CHINESE NATIONAL1 an e-mail stating: “I gave you an interview a few days ago here in Shanghai, and thought you were very cute and interesting! 🙂 Was wondering if you’d be interested in going out for dinner or a bite to eat sometime.” GUERTIN initiated a personal and sexual relationship with CHINESE NATIONAL 1 that lasted through at least in or about July 2009.

26. On or about July 13, 2015, GUERTIN sent an e-mail to an associate requesting an emergency loan of $10,000 in order to pay down his gambling debts in advance of his security clearance re-investigation. GUERTIN stated: “I desperately need 10 dimes to get my [stuff] in order and pass a security clearance review to hold onto my job.” GUERTIN further explained: “Every 5 years the State Dept. does a security clearance re-investigation, and mine is coming up in 3 months, and they’re for sure going to see that my credit score dropped hard from the last time they checked. That will cause them to get suspicious, and then they’ll search my bank account transactions and find all the gambling related [stuff]. . . . [t]hey’1l send me home from Taiwan and if they revoke my security clearance I’Il lose my job within 6 months.”

30. On or about April 15, 2015, GUERTIN directed CHINESE NATIONAL 2 and CHINESE NATIONAL 3 to meet him at a location in the District of Columbia for the purpose of withdrawing $45,000 in cash from their bank account for a further disbursement of the $225,000 loan. GUERTIN instructed them: “Also please ask the bank manager to give you as much as possible of the money in $100 bills so it’s not so ridiculously bulky to carry around and deposit, thx!”

The indictment does not indicate what happened in August 2017 when his employment apparently ended. It is also not clear when and for how long was he posted at INR.
The indictment does not explain Guertin’s relationship with the two Chinese nationals only referred to as Chinese National 2 and Chinese National 3.  Guertin was posted in Shanghai in 2008 which would have been a two-year tour. The loan agreement with the two Chinese nationals allegedly occurred in April 2015. We should learn more if  this case progresses in court.
USA v. Guertin was assigned to Judge Trevor N. McFadden in the U.S. District Court for the District of Columbia. As this article notes, an indictment is not a statement of guilt — it is only a determination that enough evidence exists to move forward with charges. The defendant will have an opportunity to enter a plea. As of this writing, no initial appearance has been noted in court, and no plea has been entered.

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Former FS Employee and Spouse Sentenced For Counterfeit Goods Trafficking

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On December 20, 2019, we blogged this: @StateDept Employee and Spouse Indicted for Trafficking in Counterfeit Goods from U.S. Embassy Seoul.  On March 18, 2021, USDOJ announced that the former employee and his spouse were sentenced for their roles in a conspiracy to traffic hundreds of thousands of dollars in counterfeit goods through e-commerce accounts operated from State Department computers at the U.S. Embassy in Seoul, Republic of Korea. Below via USDOJ:

Former State Department Employee Sentenced to Prison for Trafficking in Counterfeit Goods from U.S. Embassy

A former U.S. Department of State employee and his spouse were sentenced today for their roles in a conspiracy to traffic hundreds of thousands of dollars in counterfeit goods through e-commerce accounts operated from State Department computers at the U.S. Embassy in Seoul, Republic of Korea.
Gene Leroy Thompson Jr., 54, and Guojiao “Becky” Zhang, 40, pleaded guilty to one count of conspiracy to traffic in counterfeit goods on Dec. 20. 2020. Thompson Jr. was sentenced to 18 months in prison and three years of supervised release. Zhang was sentenced to three years of supervised release, the first eight months of which will consist of home confinement. Thompson Jr. and Zhang were also ordered to forfeit a combined total of $229,302.
According to court documents, Thompson Jr. was an Information Programs Officer employed by the Department of State at the U.S. Embassy in Seoul, Republic of Korea, a position that required him to maintain a security clearance. Zhang resided with him in Seoul. Between September 2017 and December 2019, Thompson Jr. and Zhang sold counterfeit goods on a variety of e-commerce platforms. Thompson Jr. used his State Department computer at the embassy to create numerous e-commerce accounts, including additional accounts under aliases to continue the conspiracy and avoid detection after several e-commerce platforms suspended the couple’s other accounts for fraudulent activity. Zhang took primary responsibility for operating the accounts, communicating with customers, and procuring merchandise to be stored in the District of Oregon. Thompson Jr. and Zhang also directed a co-conspirator in the District of Oregon to ship items to purchasers across the United States.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon; and Assistant Director Ricardo Colón of the U.S. Department of State’s Diplomatic Security Service (DSS) made the announcement.
The case was investigated by the DSS Office of Special Investigations with assistance from the U.S. Postal Inspection Service. The case is being prosecuted by Senior Counsel Frank Lin of the Criminal Division’s Computer Crime and Intellectual Property Section, Trial Attorney Jay Bauer of the Criminal Division’s Human Rights and Special Prosecutions Section, and Assistant U.S. Attorney Amy Potter of the District of Oregon.

 


 

 

Art Dealer Inigo Philbrick Expelled From Vanuatu After US Embassy Papua New Guinea’s Request

 

Via USDOJ:
Inigo Philbrick Defrauded Investors and Lenders Out Of More Than $20 Million In Connection With Works by Notable Contemporary Artists

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of a Complaint in Manhattan federal court charging INIGO PHILBRICK, an art dealer specializing in post-war and contemporary fine art, with galleries in London, United Kingdom, and Miami, Florida, with engaging in a multi-year scheme to defraud various individuals and entities in order to finance his art business.  In total, PHILBRICK allegedly fraudulently obtained more than $20 million as a result of the scheme.

Federal law enforcement agents took PHILBRICK into custody yesterday in Vanuatu, after Vanuatu authorities expelled PHILBRICK from Vanuatu at the request of the U.S. Embassy in Papua New Guinea in light of the charges in the Complaint.  PHILBRICK was then transported to Guam, where he is expected to be presented in federal court on June 15, 2020.     

U.S. Attorney Geoffrey S. Berman said:  “As alleged, Inigo Philbrick was a serial swindler who misled art collectors, investors, and lenders out of more than $20 million.  You can’t sell more than 100 percent ownership in a single piece of art, which Philbrick allegedly did, among other scams.  When his schemes began to unravel, Philbrick allegedly fled the country.  Now he is in U.S. custody and facing justice.”

FBI Assistant Director William F. Sweeney Jr. said:  “Mr. Philbrick allegedly sought out high-dollar art investors, sold pieces he didn’t own, and played games with millions of dollars in other people’s money.  The game ended when investors began wondering where their money went.  Hats off to the FBI NY Joint Major Theft Task Force/Art Crime Team who worked diligently to track down Mr. Philbrick and bring him back to the U.S., where, if convicted, he might have to trade in his jet-set life for a drab federal prison cell.”
[…]
PHILBRICK, 33, a U.S. citizen previously residing in London, United Kingdom, and a fugitive since October 2019, was charged in the Complaint with one count of wire fraud and one count of aggravated identity theft.  The wire fraud charge carries a maximum prison term of 20 years.  The aggravated identity theft charge carries a mandatory sentence of two years in prison.
[…]
To report information related to this case, please contact the FBI’s Art Crime Team at NYArtCrime@fbi.gov.

The allegations in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Read the full statement here.
The Complaint was unsealed on June 12 in Manhattan federal court.

 

Contractor Resolves Charges Relating to Fraud on GSA Contract to Modernize the Harry S. Truman Building

 

Via USDOJ:
Government Contractor Resolves Charges Relating to Fraud on General Services Administration Contract to Modernize State Department Building

Alutiiq International Solutions LLC (AIS), a subsidiary of Afognak Native Corporation (Afognak) and an Alaskan Native Corporation, within the meaning of the Alaska Native Claims Settlement Act, that performs construction work on government contracts, has entered into a non-prosecution agreement (NPA) and has agreed to pay over $1.25 million to resolve the Justice Department’s investigation into a kickback and fraud scheme perpetrated by a former AIS manager on a U.S. Government contract administered by the General Services Administration (GSA), announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.

As part of the NPA, AIS has agreed to pay $1,259,444 in victim compensation payments to the GSA.  Under the terms of the NPA, AIS and its parent company, Afognak, have agreed to cooperate with the government’s ongoing investigation and prosecution of individuals, and to report to the department evidence of allegations of violations of U.S. fraud, anti-corruption, procurement integrity, and anti-kickback laws.  Afognak and AIS also agreed to enhance their compliance program and internal controls, where necessary and appropriate, to ensure they are designed to detect and deter, among other things, fraud and kickbacks in connection with U.S. federal government contracts.

According to AIS’s admissions contained in the NPA, beginning in or around June 2010, the AIS project manager assigned to a multi-million dollar GSA contract to modernize the Harry S. Truman Federal Building in Washington, D.C., began receiving kickbacks from a subcontractor on the project in exchange for steering work to the subcontractor.  These kickbacks initially were paid in the form of meals, vacations, and other things of value but, by 2015, the AIS project manager began demanding cash kickbacks equivalent to 10 percent of the value of contract modifications that were being awarded to the subcontractor.  At the same time, the AIS project manager billed the GSA for services purportedly provided by an on-site superintendent when there was no superintendent on site.  The AIS project manager’s false and fraudulent billings caused the GSA to pay $568,800 to AIS that it should not have paid.  Additionally, when making contract modification requests to the GSA, the AIS project manager illegally inflated the estimated costs that AIS received from its subcontractor, resulting in $690,644 in monies paid by GSA to AIS.
[….]

A federal grand jury in the District of Columbia returned an indictment charging the AIS project manager, Elmer Baker, with conspiracy to violate the Anti-Kickback Act, and four counts of wire fraud, in May 2019.  Trial is currently scheduled for Dec. 7, 2020, before U.S. District Court Judge Amy Berman Jackson.

An indictment is merely an allegation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Read the full statement here. Download AIS Non-Prosecution Agreement

@StateDept Contracting Officer Zaldy N. Sabino Gets 87 Months in Prison For Bribery and Procurement Fraud

 

This is the conclusion to the court case of a State Department contracting official charged with bribery and procurement fraud (see @StateDept Contracting Officer Zaldy N. Sabino Convicted of Bribery and Procurement Fraud; @StateDept Contracting Officer Faces 17-Count Indictment For Bribery and Procurement Fraud).  On February 14, 2020, USDOJ announced that the former contracting officer Zaldy N. Zabino was sentenced to 87 months imprisonment followed by three years of supervised released.
Via USDOJ:
State Department Contracting Officer Sentenced to Prison for Bribery and Procurement Fraud Scheme=

A contracting officer with the U.S. Department of State was sentenced today to 87 months of imprisonment followed by three years of supervised release after he was convicted of 13 counts of conspiracy, bribery, honest services wire fraud and making false statements.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Special Agent in Charge Marc Meyer of the U.S. Department of State Office of Inspector General and Assistant Director in Charge Timothy R. Slater of the FBI’s Washington Field Office made the announcement.

Zaldy N. Sabino, 60, of Fort Washington, Maryland, was sentenced today by U.S. District Judge Liam O’Grady after Sabino’s conviction on Oct. 4, 2019.  In addition to his term of imprisonment, Sabino was ordered to pay a $25,000 fine.

According to the evidence at trial, between November 2012 and early 2017, Sabino and the owner of a Turkish construction firm engaged in a bribery and procurement fraud scheme in which Sabino received at least $521,862.93 in cash payments from the Turkish owner while Sabino supervised multi-million dollar construction contracts awarded to the Turkish owner’s business partners and while Sabino made over a half million dollars in structured cash deposits into his personal bank accounts.  Sabino concealed his unlawful relationship by, among other things, making false statements on financial disclosure forms and during his background reinvestigation.

The Department of State’s Office of Inspector General, led by Steve A. Linick, and the FBI’s Washington Field Office investigated the case.  Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Jack Hanly of the Eastern District of Virginia prosecuted the case.

 

DynCorp Pays $1.5M to Resolve Kickback Allegations in Baghdad, Iraq

 

This is a follow-up to a 2017 case about a former government contractor sentenced to four years in prison for his role in a government contract kickback scheme that caused a loss of more than $3.4 million to the U.S. Department of State.

According to court documents, Wesley Aaron Struble, 49, a U.S. citizen of Batangas, Philippines, engaged in a conspiracy to violate the Anti-Kickback Act in 2011 and 2012 while employed in Iraq as a government contractor. Initially employed by a business identified in court documents as Company B, Struble learned that another business, identified in court documents as Company A, was seeking a lease of real property for use related to a U.S. Department of State contract. Struble knew that Company B was paying approximately $124,000 per month to a third business, identified in court documents as Company C, for a lease of real property. According to court documents, Struble became a manager for Company A, and together with another manager for Company A, engaged in a conspiracy with associates of Company C to make the lease of property available to Company A at an inflated rate of $665,000 per month.

(See That time when a real property lease in Iraq jumped from $124,000/mo to $665,000/mo).
Last month, USDOJ announced that DynCorp Pays $1.5M to Resolve Kickback Allegations:

ALEXANDRIA, Va. – DynCorp International, LLC (DynCorp), located in McLean, has agreed to pay $1.5 million to settle civil fraud allegations involving two former DynCorp officials, Wesley Aaron Struble and Jose Rivera, who solicited and accepted kickbacks from an Iraqi subcontractor in connection with DynCorp’s lease of property for its operations in Baghdad, Iraq on behalf of the U.S. Department of State.

Struble and Rivera previously pleaded guilty in the Eastern District of Virginia to violating the Anti-Kickback Act for their role in soliciting and accepting at least $390,000 in cash kickbacks from the Al-Qarat Company in exchange for influencing DynCorp’s lease of property in Baghdad at a lease amount higher than the previous lease. The lease costs were included with services for international civilian policing that DynCorp billed under a U.S. Department of State contract in 2011 and 2012.

The settlement resolves the alleged liability of DynCorp for violation of civil penalties under the Anti-Kickback Act and the civil False Claims Act arising out of Struble’s and Rivera’s fraudulent conduct while employed by DynCorp.

The resolutions obtained in this matter were the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Virginia, the Department of State Office of Inspector General, and the Federal Bureau of Investigation.

The matter was investigated by Assistant U.S. Attorney Christine Roushdy. The civil claims settled by this False Claims Act agreement are allegations only; there has been no determination of civil liability.

The original announcement is available here.

Libyan National in 2012 Benghazi Terrorist Attack Sentenced to More Than 19 Years in Prison

 

On October 31, 2017, we posted about the capture of Libyan national Mustafa al-Imam by U.S. special forces in Misrata, on the north coast of Libya. He was alleged to be involved in the 2012 deadly attack on the U.S. diplomatic compound and CIA annex in Benghazi, Libya.  An unnamed official told the AP at that time that the suspect was taken to a U.S. Navy ship at the Misrata port for transport to the United States. (see Libyan National Charged in 2012 Attack on U.S. Special Mission and Annex in #Benghazi).  On June 17, 2019, DOJ announced that hel was found guilty of terrorism charges in the 2012 attack of the U.S. facilities in Benghazi. (see Libyan National Mustafa al-Imam Found Guilty of Terrorism Charges in 2012 Benghazi Attack (June 24, 2019).
On January 23, 2020, DOJ announced that Mustafa Al-Imam was sentenced to more than 19 years in prison. See below:

Mustafa Al-Imam Sentenced to More than 19 Years in Prison for September 2012 Terrorist Attack in Benghazi, Libya

Mustafa al-Imam, a 47-year-old Libyan national, was sentenced today to 236 months in prison on federal terrorism charges and other offenses stemming from the Sept. 11, 2012, terrorist attack on the U.S. Special Mission and CIA Annex in Benghazi, Libya.  Ambassador J. Christopher Stevens and U.S. government personnel Sean Smith, Tyrone Woods, and Glen Doherty died in the attack.

The announcement was made by Assistant Attorney General for National Security John C. Demers, U.S. Attorney for the District of Columbia Jessie K. Liu, Jay Tabb, Executive Assistant Director of the FBI’s National Security Branch, and Assistant Director in Charge William F. Sweeney, Jr. of the FBI’s New York Field Office.

“We have not rested in our efforts to bring to justice those involved in the terrorist attacks on our facilities in Benghazi, which led to the death of four courageous Americans – Tyrone Woods, Sean Smith, Glen Doherty, and Ambassador Christopher Stevens – and we never will,” said Assistant Attorney General for National Security John C. Demers.  “Those responsible for these crimes must be held accountable.  I want to thank the agents, analysts, and prosecutors – and all of their partners in the U.S. government – who are responsible for this important investigation.”

“Today’s sentence demonstrates the United States’ continuing commitment to pursue justice against those who commit terrorist acts against the United States no matter how far we must go or how long it takes. Mustafa al-Imam played an important role in the terrorist attack that destroyed the U.S. Mission and the CIA Annex in Benghazi,” said U.S. Attorney Jessie K. Liu for the District of Columbia. “We will continue to work with our law enforcement partners to pursue justice against all those who murdered these four American heroes and who seriously injured our personnel defending these U.S. facilities overseas.”

“The tragic loss of four American lives in the Benghazi attacks will never be forgotten and today’s sentencing of Mustafa al-Imam is an important reminder of that,” said Jay Tabb, Executive Assistant Director of the FBI’s National Security Branch. “The FBI is committed to investigate and bring to justice all individuals involved in acts of terrorism against U.S. facilities or citizens and will use the full range of our resources to pursue such cases.”

“Mustafa al-Imam played a significant role in the 2012 Benghazi attack, one that ultimately claimed American lives,” said Assistant Director William F. Sweeney, Jr. “While nothing will ever change the outcome of this horrific event, today’s sentencing is a reminder that the safety of Americans—whether at home or abroad, civilian or otherwise—will always be our top priority. If you commit an act of terrorism, we will find you and bring you to justice.”

Al-Imam was captured in Libya on Oct. 29, 2017, and brought to the United States to face trial in the U.S. District Court for the District of Columbia.  He was found guilty by a jury on June 13, 2019, following a six-week trial, of one count of conspiracy to provide material support or resources to terrorists and one count of maliciously destroying and injuring dwellings and property, and placing lives in jeopardy within the special maritime and territorial jurisdiction of the United States. He was sentenced by the Honorable Christopher R. Cooper.

According to the government’s evidence, on the night of Sept. 11, 2012, a group of extremists, armed with AK-47 rifles, grenades, and other weapons, swept into the U.S. Special Mission in Benghazi, setting fires and breaking into buildings.  During that violence, Ambassador Stevens, Mr. Smith, and Diplomatic Security Service (DSS) Special Agent Scott Wickland valiantly tried to protect themselves when the attackers stormed into the Ambassador’s residence, sheltering in a secure area.  However, when the attackers could not gain entry to the secure area, the attackers set fire to the residence.  Ambassador Stevens and Mr. Smith suffocated from the thick, black smoke that enveloped the residence.  Special Agent Wickland, who tried to guide them to safety, was injured and repeatedly took small arms fire while trying to rescue Ambassador Stevens and Mr. Smith.

Al-Imam arrived at the Mission shortly after the attack began, accompanying Ahmed Abu Khatallah, the leader of an extremist militia named Ubaydah bin Jarrah and one of the planners of the attack.  During the attack on the Mission, al-Imam maintained contact with Khatallah in a series of cellphone calls, including an 18-minute phone call that took place during the height of the attack.  Members of Ubaydah bin Jarrah, as well as other extremist groups, were caught on surveillance video attacking the Mission.  After the American security personnel withdrew from the Mission, al-Imam, Khatallah, several UBJ members, and other extremists entered the Mission’s office and removed sensitive information, including maps and other documents related to the location of the CIA’s Annex in Benghazi.  

Following the attack at the Mission, in the early hours of Sept. 12, 2012, the violence continued at the CIA Annex, first with gunfire and then with a precision mortar attack.  While defending the Annex, Mr. Woods, Mr. Doherty, DSS Special Agent David Ubben, and CIA security specialist Mark Tiegen were hit by a precision mortar attack, leading to the deaths of Mr. Woods and Mr. Doherty.  Special Agent Ubben and Mr. Tiegen were seriously wounded but survived.

This case was investigated by the FBI’s New York Field Office with substantial assistance from various other government agencies, including the Department of Defense and the two victim agencies, the CIA and the U.S. Department of State’s Diplomatic Security Service. The National Security Division’s Counterterrorism Section provided significant assistance.

The case was prosecuted by Assistant U.S. Attorneys John Cummings and Karen Seifert of the National Security Section of the U.S. Attorney’s Office for the District of Columbia.  Assistance was provided by Assistant U.S. Attorneys Nicholas Coleman and Jolie Zimmerman, Paralegal Specialist Donna Galindo, detailed Paralegal Specialist Ashley Davis, Intelligence Research Special Dustin Powell, contract Document Management Analyst Michael Watts, Victim-Witness Advocates Yvonne Bryant, Tonya Jones, Laverne Perry and Wanda Queen, and Litigation Technology Chief Leif Hickling. Earlier stages of the prosecution were handled by Assistant U.S. Attorney Michael DiLorenzo and former Assistant U.S. Attorneys Opher Shweiki and Julieanne Himelstein.

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The Giant Halkbank Octopus: New Episodes Coming Soon!

 

From our old post in 2017: Erdogan Rages Against the U.S. Ambassador to Ankara — What’s That About?

On March 19, 2016, Reza Zarrab an Iranian-Turkish citizen was arrested for allegedly engaging in hundreds of millions of dollars of transactions on behalf of the Government of Iran and Iranian entities as part of a scheme to evade U.S. sanctions (Download u.s._v._zarab_et_al_indictment.pdf).

On March 28, 2017, Mehmet Hakan Atilla, a Turkish banker was also arrested and charged for alleged conspiracies to violate the IEEPA and to commit bank fraud (Download US v. Mehmet Hakan Atilla complaint.pdf).

On September 6, 2017 DOJ announced the Superseding Indictment alleging that nine defendants (including a former Turkish Minister of the Economy (currently serving in Turkish Parliament), and a former General Manager Of Turkish Government-Owned Bank), “conspired to lie to U.S. Government officials about international financial transactions for the Government of Iran and used the U.S. financial system to launder bribes paid to conceal the scheme.”

In November 2017, NBC News also reported that Zarrab began cooperating with federal prosecutors in a money-laundering case.
According to avhal, the Turkish banker, Hakan Atilla served 32 months in prison in the United States for helping Iran evade U.S. sanctions, and was released on July 19 this year. On October 21, 2019, Turkey’s Finance and Treasury Minister Berat Albayrak (and Erdogan’s son-in-law) announced that the former Halkbank director has been appointed as the director general of Borsa Istanbul, Turkey’s main stock exchange.
On October 15, USDOJ announced that TÜRKİYE HALK BANKASI A.S., a/k/a “Halkbank,” was charged in a six-count Indictment with fraud, money laundering, and sanctions offenses related to the bank’s participation in a multibillion-dollar scheme to evade U.S. sanctions on Iran.
On October 24, Senator Ron Wyden of Oregon announced that he is launching an investigation into the Halkbank scandal.
Courthouse News Service Adam Klasfeld who has covered this case extensively notes in his October 22 report that “Turkey continued to hold three U.S. consulate workers in captivity with relative silence from the White House, and Halkbank kept an indictment at bay for more than two years, even after its ex-general manager Suleyman Aslan and executive Atilla had been charged with the multibillion-dollar conspiracy.”
Back in 2017, we thought this thriller which started out actually in 2013  (see the New Yorker’s Dexter Filkins piece, A Mysterious Case Involving Turkey, Iran, and Rudy Giuliani) — with a cargo plane from Accra, Ghana, which was diverted to Istanbul’s main international airport, because of fog, and three thousand pounds of gold bars — was going to unravel under the glare of sunlight, but here we are in 2019.  So now we wait for the next episodes.

Related posts:

@StateDept Contracting Officer Zaldy N. Sabino Convicted of Bribery and Procurement Fraud

 

This is a follow-up to our post on April 16, 2019 @StateDept Contracting Officer Faces 17-Count Indictment For Bribery and Procurement Fraud.  On October 4, 2019, the Justice Department announced the conviction of State Department Contracting officer Zaldy N. Zabino of  13 counts of conspiracy, bribery, honest services wire fraud and making false statements.

State Department Contracting Officer Convicted of Bribery and Procurement Fraud

A contracting officer with the U.S. Department of State was convicted today of conspiracy, bribery, honest services wire fraud and making false statements.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Special Agent in Charge Marc Meyer of the U.S. Department of State Office of Inspector General and Assistant Director in Charge Timothy R. Slater of the FBI’s Washington Field Office made the announcement.

Zaldy N. Sabino, 60, of Fort Washington, Maryland, was convicted of 13 counts of conspiracy, bribery, honest services wire fraud and making false statements.  Sentencing has been set for Feb. 14, 2020.

Sabino was indicted in April 2019.  According to the indictment, between November 2012 and early 2017, Sabino and the owner of a Turkish construction firm allegedly engaged in a bribery and procurement fraud scheme in which Sabino received at least $239,300 in cash payments from the Turkish owner while Sabino supervised multi-million dollar construction contracts awarded to the Turkish owner’s business partners and while Sabino made over a half million dollars in structured cash deposits into his personal bank accounts.  Sabino allegedly concealed his unlawful relationship by, among other things, making false statements on financial disclosure forms and during his background reinvestigation.

The Department of State’s Office of Inspector General, led by Steve A. Linick, and the FBI’s Washington Field Office investigated the case.  Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Jack Hanly of the Eastern District of Virginia prosecuted the case.

An indictment is merely an allegation.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Ex-Diplomat William Patrick Syring Gets 60 Months in Prison For Hate Crime

 

We’ve posted previously about William Patrick Syring, a former foreign service officer who was indicted for hate crime and threatening employees of the Arab American Institute (AAI) on February 21, 2018.  Syring was previously charged in 2006 for similar threats in four emails and three voicemails. He retired from the State Department in July 2007 and he pled guilty to that previous case in June 2008. He was sentenced on federal civil rights charges for threatening employees of the Arab American Institute (AAI) because of their race and national origin. Syring was sentenced to two concurrent sentences of 12 months of imprisonment followed by 3 years of post-release supervision, 100 hours of community service and was ordered to pay a $10,000 fine. He reportedly was released from prison early in January 2009.
In February 2018, he was again  indicted for hate crime and threatening employees of the Arab American Institute.
On August 15, USDOJ announced that Syring was sentenced to 60 months in prison for committing hate crime by threatening employees of the Arab American Institute.  He will be in prison until 2024.

Via DOJ: Virginia Man Sentenced To 60 Months In Prison For Committing Hate Crime By Threatening Employees Of The Arab American Institute

William Patrick Syring, 61, of Arlington, Virginia, was today sentenced to 60 months in prison for threatening employees of the Arab American Institute (AAI) because of their race and national origin, threatening AAI employees because of their efforts to encourage Arab Americans to participate in political and civic life in the United States, and transmitting threats to AAI employees in interstate commerce.

“Threats aimed to intimidate individuals based on their ethnic or racial origin are despicable violations of civil rights freedoms protected by our constitution,” said Assistant Attorney General Eric Dreiband. “The Department of Justice will continue to fight to preserve the basic rights of people to live, work, and speak in their communities without the fear of hostility based on racism.”

“Investigating hate crimes is one of the FBI’s highest criminal priorities; these hateful acts are not only an attack on the victim, but are meant to intimidate an entire community,” said Timothy R. Slater, Assistant Director in Charge of the FBI’s Washington Field Office. “This sentencing demonstrates the FBI’s commitment to holding accountable those who seek to violate the civil rights of the people of our community through violent threats.”

Evidence presented at trial established that from 2012 to 2017, Syring sent over 700 emails to AAI employees, culminating in five death threats in 2017. According to court documents, Syring previously pleaded guilty in 2008 to sending threatening emails to AAI employees. Evidence presented at trial showed that Syring used nearly identical language that he admitted were threats in 2008 as he did in 2017.

According to testimony in court, AAI employees were frightened of Syring because he had sent them death threats in the past and continued to do so over a decade later. Additionally, according to witness testimony, many AAI employees lived in fear that Syring would follow through on his threats and physically harm them. They further testified to the toll it took on them personally and their families and loved ones.

On May 9, Syring was convicted on all 14 counts in the indictment, including seven hate crime charges and seven interstate threats charges. The case was investigated by the FBI Washington Field Office, and is being prosecuted by Civil Rights Division Senior Legal Counsel Mark Blumberg and Trial Attorney Nick Reddick.

Co-founder of the Arab American Institute, James Zogby, who along with his staff were the recipients of Syring’s threats wrote about it here:

click on image to see full piece.

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