Edward Snowden Charged by a Federal Criminal Complaint With Espionage Over NSA Leaks

June 22, 2013

CNN on June 21, 2013 released the following:

“U.S. charges Snowden with espionage

By Chelsea J. Carter and Carol Cratty, CNN

Washington (CNN) — Federal prosecutors have charged Edward Snowden, the man who admitted leaking top-secret details about U.S. surveillance programs, with espionage and theft of government property, according to a criminal complaint unsealed in U.S. District Court in Virginia on Friday.

The United States has asked Hong Kong, where Snowden is believed to be in hiding, to detain the former National Security Agency contract analyst on a provisional arrest warrant, The Washington Post reported, citing unnamed U.S. officials.

Hong Kong police did not confirm whether they received an arrest request, but Commissioner Andy Tsang said Saturday if they did, authorities would process it in accordance with law.

The complaint charges Snowden with theft of government property, unauthorized communication of national defense information and willful communication of classified intelligence to an unauthorized person. The latter two allegations amount to espionage under the federal Espionage Act.

Snowden, 30, has admitted in interviews he was the source behind the leak of classified documents about the NSA’s surveillance programs. Those leaks were the basis of reports in Britain’s Guardian newspaper and The Washington Post this month. The Guardian revealed Snowden’s identify at his request.

The documents revealed the existence of top-secret surveillance programs that collect records of domestic telephone calls in the United States and monitor the Internet activity of overseas residents.

The revelation rocked the Obama administration and U.S. intelligence community, raising questions about secret operations of the NSA and whether the agency was infringing on American civil liberties.

Obama, top legislators and national security officials defend the surveillance programs as necessary to combat terrorism and argue that some privacy must be sacrificed in a balanced approach.

They say the law allows collection of metadata, such as the time and numbers of phone calls, and that a special federal court must approve accessing the content — listening to the call itself.

Snowden is believed to be in hiding in Hong Kong, where he said in interviews earlier this month he fled with the classified documents after taking a leave of absence from his job as an intelligence analyst for NSA contractor Booz Allen Hamiliton. The company has since fired him.

A series of blog posts this week purportedly by Snowden said he leaked classified details about U.S. surveillance programs because President Barack Obama worsened “abusive” practices, instead of curtailing them as he promised as a candidate.

However, Obama “closed the door on investigating systemic violations of law, deepened and expanded several abusive programs, and refused to spend the political capital to end the kind of human rights violations like we see in Guantanamo, where men still sit without charge,” a blog post said. The Guardian newspaper and website identified the author as Snowden.

Snowden said that he had to get out of the United States before the leaks were published by the Guardian and The Washington Post to avoid being targeted by the government.

In the interview with the South China Morning Post, he said he plans to stay in Hong Kong to fight any attempt to force him to return to the United States because he has “faith in Hong Kong’s rule of law.”

The complaint against him was filed under seal on June 14 in U.S. District Court in Alexandria, Virginia, but it was unclear from the document whether the United States has asked or will be asking Hong Kong to detain Snowden.

There have been “some preliminary” discussions with Hong Kong authorities, a U.S. official with knowledge of the process told CNN.

The U.S. signed an extradition treaty with Hong Kong in 1996, just seven months before the then British colony was handed back to Beijing. Hong Kong’s extradition laws had previously been governed by the United States-United Kingdom extradition treaty.

This new treaty established an agreement under Hong Kong’s “one country, two systems” that allows Hong Kong autonomy from Beijing in all matters apart from defense and foreign policy.”

As Federal Criminal Lawyer Douglas C. McNabb predicted, the U.S. has charged Mr. Snowden in a Federal Criminal Complaint. He was charged on June 14, 2013 with the following federal crimes:

  • 18 USC 641 – Theft of Government Property
  • 18 USC 793(d) – Unauthorized Communication of National Defense Information
  • 18 USC 798(a)(3) – Willful Communication of Classified Communications Intelligence Information to an Unauthorized Person

A copy of the Snowden Federal Criminal Complaint may be found here.

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


“Edward Snowden Charged With Espionage Over NSA Leaks”

June 22, 2013

The Huffington Post on June 21, 2013 released the following:

Reuters

“By Tabassum Zakaria and Mark Hosenball

WASHINGTON, June 21 (Reuters) – The United States has filed espionage charges against Edward Snowden, a former U.S. National Security Agency contractor who admitted revealing secret surveillance programs to media outlets, according to a court document made public on Friday.

Snowden, who is believed to be in hiding in Hong Kong, was charged with theft of government property, unauthorized communication of national defense information and willful communication of classified communications intelligence information to an unauthorized person, said the criminal complaint, which was dated June 14.

The latter two offenses fall under the U.S. Espionage Act and carry penalties of fines and up to 10 years in prison.

A single page of the complaint was unsealed on Friday. An accompanying affidavit remained under seal.

The charges are the government’s first step in what could be a long legal battle to return Snowden from Hong Kong and try him in a U.S. court.

Two U.S. sources, speaking on condition of anonymity, said the United States was preparing to seek Snowden’s extradition from Hong Kong, which is part of China but has wide-ranging autonomy, including an independent judiciary.

The Washington Post, which first reported the criminal complaint earlier on Friday, said the United States had asked Hong Kong to detain Snowden on a provisional arrest warrant.

There was no immediate response to requests for comment from Hong Kong’s security bureau.

Snowden earlier this month admitted leaking secrets about classified U.S. surveillance programs, creating a public uproar. Supporters say he is a whistleblower, while critics call him a criminal and perhaps even a traitor.

He disclosed documents detailing U.S. telephone and Internet surveillance efforts to the Washington Post and Britain’s Guardian newspaper.

The criminal complaint was filed in the Eastern District of Virginia, where Snowden’s former employer, Booz Allen Hamilton, is located.

That judicial district has seen a number of high-profile prosecutions, including the spy case against former FBI agent Robert Hanssen and the case of al Qaeda operative Zacarias Moussaoui. Both were convicted.

‘ACTIVE EXTRADITION RELATIONSHIP’

Documents leaked by Snowden revealed that the NSA has access to vast amounts of Internet data such as emails, chat rooms and video from large companies such as Facebook and Google, under a government program known as Prism.

They also showed that the government had worked through the secret Foreign Intelligence Surveillance Court to gather so-called metadata – such as the time, duration and telephone numbers called – on all calls carried by service providers such as Verizon.

President Barack Obama and his intelligence chiefs have vigorously defended the programs, saying they are regulated by law and that Congress was notified. They say the programs have been used to thwart militant plots and do not target Americans’ personal lives, they say.

U.S. federal prosecutors, by filing a criminal complaint, lay claim to a legal basis to make an extradition request of the authorities in Hong Kong, the Post reported. The prosecutors now have 60 days to file an indictment and can then take steps to secure Snowden’s extradition from Hong Kong for a criminal trial in the United States, the newspaper reported.

The United States and Hong Kong have “excellent cooperation” and as a result of agreements, “there is an active extradition relationship between Hong Kong and the United States,” a U.S. law enforcement official told Reuters.

An Icelandic businessman linked to the anti-secrecy group WikiLeaks said on Thursday he had readied a private plane in China to fly Snowden to Iceland if Iceland’s government would grant asylum.

Iceland refused on Friday to say whether it would grant asylum to Snowden.”

As Federal Criminal Lawyer Douglas McNabb predicted, the U.S. has charged Mr. Snowden in a Federal Criminal Complaint. He was charged on June 14, 2013 with the following federal criminal violations:

  • 18 USC 641 – Theft of Government Property
  • 18 USC 793(d) – Unauthorized Communication of National Defense Information
  • 18 USC 798(a)(3) – Willful Communication of Classified Communications Intelligence Information to an Unauthorized Person

A copy of the Snowden Federal Criminal Complaint may be found here.

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


U.S. v. Edward J. Snowden – Federal Criminal Complaint

June 21, 2013

As Mr. McNabb predicted, the U.S. has charged Mr. Snowden in a Federal Criminal Complaint. He was charged on June 14, 2013 with the following federal criminal violations:

  • 18 USC 641 – Theft of Government Property
  • 18 USC 793(d) – Unauthorized Communication of National Defense Information
  • 18 USC 798(a)(3) – Willful Communication of Classified Communications Intelligence Information to an Unauthorized Person

A copy of the Snowden Federal Criminal Complaint may be found here.

“U.S. charges Snowden with espionage”

The Washington Post on June 21, 2013 released the following:

By Peter Finn and Sari Horwitz,

“Federal prosecutors have filed a criminal complaint against Edward Snowden, the former National Security Agency contractor who leaked a trove of documents about top-secret surveillance programs, and the United States has asked Hong Kong to detain him on a provisional arrest warrant, according to U.S. officials.

Snowden was charged with theft, “unauthorized communication of national defense information” and “willful communication of classified communications intelligence information to an unauthorized person,” according to the complaint. The last two charges were brought under the 1917 Espionage Act.

The complaint, which initially was sealed, was filed in the Eastern District of Virginia, a jurisdiction where Snowden’s former employer, Booz Allen Hamilton, is headquartered and a district with a long track record of prosecuting cases with national security implications. After The Washington Post reported the charges, senior administration officials said late Friday that the Justice Department was barraged with calls from lawmakers and reporters and decided to unseal the criminal complaint.

A Justice Department spokeswoman declined to comment.

Snowden flew to Hong Kong last month after leaving his job at an NSA facility in Hawaii with a collection of highly classified documents that he acquired while working at the agency as a systems analyst.

The documents, some of which have been published in The Post and Britain’s Guardian newspaper, detailed some of the most-
secret surveillance operations undertaken by the United States and Britain , as well as classified legal memos and court orders underpinning the programs in the United States.

The 30-year-old intelligence analyst revealed himself June 9 as the leaker in an interview with the Guardian and said he went to Hong Kong because it provided the “cultural and legal framework to allow me to work without being immediately detained.”

Snowden subsequently disappeared from public view; it is thought that he is still in the Chinese territory. Hong Kong has its own legislative and legal systems but ultimately answers to Beijing, under the “one country, two systems” arrangement.

The leaks have sparked national and international debates about the secret powers of the NSA to infringe on the privacy of Americans and foreigners. Officials from President Obama on down have said they welcome the opportunity to explain the importance of the programs and the safeguards they say are built into them. Skeptics, including some in Congress, have said the NSA has assumed the power to soak up data about Americans that was never intended under the law.

There was never any doubt that the Justice Department would seek to prosecute Snowden for one of the most significant national security leaks in the country’s history. The Obama administration has shown a particular propensity to go after leakers and has launched more investigations than any previous administration. This White House is responsible for bringing six of the nine total indictments ever brought under the 1917 Espionage Act. Snowden will be the seventh individual when he is formally indicted.

Justice Department officials had already said that a criminal investigation of Snowden was underway and was being run out of the FBI’s Washington field office in conjunction with lawyers from the department’s National Security Division.

By filing a criminal complaint, prosecutors have a legal basis to make the detention request of the authorities in Hong Kong. Prosecutors now have 60 days to file an indictment, probably under seal, and can then move to have Snowden extradited from Hong Kong for trial in the United States.

Snowden, however, can fight the extradition effort in the courts in Hong Kong. Any battle is likely to reach Hong Kong’s highest court and could last many months, lawyers in the United States and Hong Kong said.

The United States has an extradition treaty with Hong Kong, and U.S. officials said cooperation with the Chinese territory, which enjoys some autonomy from Beijing, has been good in previous cases.

The treaty, however, has an exception for political offenses, and espionage has traditionally been treated as a political offense. Snowden’s defense team in Hong Kong is likely to invoke part of the extradition treaty with the United States, which states that suspects will not be turned over to face criminal trial for offenses of a “political character.”

Typically in such cases, Hong Kong’s chief executive must first decide whether to issue a warrant for the accused’s arrest. But the extradition treaty also says that in exceptional cases a provisional warrant can be issued by a Hong Kong judge without the chief executive’s approval. The judge must give the chief executive notice, however, that he has issued the warrant.

A spokesperson at the office of Hong Kong chief executive Leung Chun-ying said there was no information on Snowden’s case. The police department did not respond to calls or e-mails. At the police station for Central District in Hong Kong Island, police officers on duty said they had not heard anything about Snowden.

If Snowden is arrested, he would appear before a judge. Bail would be unlikely and, instead, Snowden would be sent to the Lai Chi Kok maximum-security facility in Kowloon, a short drive from the high-end Mira Hotel, where he is last known to have stayed in Hong Kong.

Snowden could also remain in Hong Kong if the Chinese government decides that it is not in the defense or foreign policy interests of the government in Beijing to have him sent back to the United States for trial.

Another option would be for Snowden to apply for asylum with the United Nations High Commission for Refugees, which handles most asylum requests in Hong Kong. The UNHCR was closed Saturday morning and did not immediately respond to requests for comment via e-mail and phone. The asylum application process can take months or even years because Hong Kong has a severe backlog. The Hong Kong government cannot formally surrender individuals until their asylum applications have been processed.

Snowden also could attempt to reach another jurisdiction and seek asylum there before the authorities in Hong Kong act.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Ex-Army Officers Arraigned on Charges of Allegedly Stealing Over $2.7 Million in Defense Funds

May 8, 2012

The Federal Bureau of Investigation (FBI) on May 8, 2012 released the following:

Officers Allegedly Stole Government Funds While on Military Duty in Saudi Arabia

ATLANTA— Jasen Minter, 41, of Fayetteville, Georgia, was arraigned today before United States Magistrate Linda T. Walker on federal charges of conspiracy and theft of more than $2,700,000 from the U.S. government while serving as an Army captain in Saudi Arabia. Minter is charged in a federal indictment along with Louis E. Nock, 45, of Orlando, Florida, who served as a senior non-commissioned officer with Minter in Saudi Arabia. Nock was arraigned on the same charges yesterday before Judge Walker. Both defendants were released on bond.

United States Attorney Sally Quillian Yates said of the case, “Military officers carry heightened responsibilities to their fellow servicemen as well as the public, including the duty to be diligent and honest with every taxpayer dollar. The Army’s mission in Iraq is simply too important for its own officers to steal critical resources from their fellow servicemen and, as alleged in this case, line their own pockets with cash.”

According to United States Attorney Yates, the charges, and other information presented in court: In 2006, then-Captain Minter and Sergeant First Class Nock were finance officers assigned to the U.S. Military Training Mission (USMTM) in Saudi Arabia. The indictment, which was returned by a federal grand jury on May 1, 2012, alleges that, while serving in Saudi Arabia, Minter and Nock embezzled over $2,700,000 from a U.S. government bank account at the Saudi Arabia American Bank (SAMBA) in Riyadh. Funds in this government account were to be used to operate the USMTM finance office, which supports U.S. troops. The indictment alleges that Minter and Nock conspired to withdraw the $2.7 million in two transactions but never delivered the monies to the finance office. Instead, they shipped it back to the United States to fund luxurious lifestyles for themselves and their families.

The charges carry a maximum possible sentence of five years in prison on the conspiracy count, 10 years in prison on each count of theft, and a fine of up to $250,000 on each count. In determining the actual sentence, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges, and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.

This case is being investigated by special agents of the Army Criminal Investigation Command, the Defense Criminal Investigative Service, the Federal Bureau of Investigation, and the Air Force Office of Special Investigation.

Assistant United States Attorney David Leta is prosecuting the case.”

US v. Jasen Minter et al

18 U.S.C. § 371

18 U.S.C. § 641

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Mount Pleasant Man Charged with Allegedly Committing Federal Grant Fraud; Charged with His Wife in an Alleged Campaign Finance Fraud

September 20, 2011

The Federal Bureau of Investigation (FBI) on September 19, 2011 released the following:

“United States Attorney Bill Nettles stated today that two indictments previously returned by a federal grand jury were unsealed today. A 36-count indictment charges that Mount Pleasant native Jian-Yun Dong and one of his companies, Vaxima, Inc., committed a number of offenses relating to the fraudulent use and conversion of funds received as federal grants. The indictment charges that the defendants submitted false claims for payment of federal grant monies and that they used grant funds received for scientific research for prohibited purposes. Specifically, this indictment charges that Dong, as the president and chief executive officer of GenPhar, Inc, (1) submitted false claims to federal agencies in violation of Title 18, United States Code, Section 287; (2) converted grant funds to his own use in violation of Title 18, United States Code, Sections 641 and 666; and (3) committed wire fraud, in that he used interstate communications to execute a scheme to defraud the United States, in violation of Title 18, United States Code, Section 1343. The indictment also charges that Defendant Vaxima, Inc, a corporation owned solely by Dong, assisted in the execution of the scheme.

The second indictment charges Dong (54) and his estranged wife, Danher Wang (52) with violations of federal campaign laws. The seven-count indictment charges that Dong and Wang conspired to make illegal campaign contributions in the names of other persons using money from a foreign national, in violation of Title 18, United States Code, Section 371. The indictment further alleges in other counts that Dong and Wang made or caused others to make illegal contributions after they (Dong and Wang) exceeded their maximum contribution allowance, in violation of Title 2, United States Code, Sections 437(g)(1)(D)(I) and 441f. According to the indictment, contributions were made in a way to conceal their true origin from the FEC, campaigns and the public. Finally, the indictment alleges that Dong made false statements to law enforcement agents (in violation of Title 18, United States Code, Section 1001) and that Dong attempted to illegally influence the testimony of a witness in violation of Title 18, United States Code, Section 1512.

As to the grant fraud indictment, the maximum sentences Dong faces for wire fraud regarding the misuse of federal grant funds is 30 years’ imprisonment as to each count, with a maximum fine of $250,000 per count. Dong faces sentences of up to 10 years for the other charges contained in this indictment. Both Dong and Wang face maximum sentences of five years’ imprisonment and a $250,000 fine for each count of campaign finance fraud, and Dong faces an additional maximum sentence of 20 years as to the witness tampering charges in the first indictment.

These companion cases were investigated by agents of the Department of Defense Criminal Investigative Service, U.S. Department of Health and Human Services Office of Inspector General, the Federal Bureau of Investigation, United States Army Criminal Investigation Command, and the Naval Criminal Investigative Service. The cases will be prosecuted by Assistant United States Attorneys Mark C. Moore and Debbie Barbier of the Columbia office.

The United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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