igreports

Centra! Intelligence Agency

Jason Leopold

Reference: F-2015-00039 I 14-cv-19879

Dear Mr. Leopold:

Washington, D.C. 20505

5 May2015

This letter is in response to ym.rr 3 October 2014 Freedom of Information Act (FOIA) request for the following information for disclosure of the following UNCLASSIFIED reports from the Central Intelligence Agency Office of Inspector General:

I. Former Agency Officer Alleges Retaliation for Protected Disclosures- ISSUE DATE MARCH 2013

2. Alleged Violation of CIA-Unique Post Employment Restrictions- ISSUE DATE FEBRUARY 2013

3. Misuse of Government Systems for Database Searches- ISSUE DATE FEBRUARY 2013

4. Agency Contractor Alleged Reprisal for Whistleblowing- ISSUE DATE FEBRUARY 2013

5. Review of[redacted] Allegations from DOD- ISSUE DATE MAY 2013

6. Alleged Retribution Against Alleged Whistleblower- ISSUE DATE JUNE 2013

7. Alleged Classified Information Leaked to Foreign Army Officials- ISSUE DATE JULY 2013

8. Misuse of Agency Credential by Former (b3) Staff Officer- ISSUE DATE AUGUST 2013

9. Unauthorized Disclosure of Classified Information- ISSUE DATE AUGUST 2013

10. Request for Whistleblower Protection by Former Interrogator- ISSUE DATE AUGUST 2013

11. Counterfeiting of CIA Credentials- ISSUE DATE SEPTEMBER 2013

12. Ethics Violations Involving Film Producers- ISSUE DATE SEPTEMBER 2013

13. Alleged Use of Government Systems to Order Steroids- ISSUE DATE OCTOBER 20!3

14. Alleged War Crimes by Agency Personnel Overseas- ISSUE DATE NOVEMBER 2013

15. Alleged Abuse of Detainees Overseas- ISSUE DATE JANUARY 2014

16. Disclosure of Classified Information by Former D/CIA- ISSUE DATE MARCH 2014

17. Alleged Abuse and Misconduct Overseas- ISSUE DATE MARCH 2014

18. Alleged Misattribution of Detainee Intelligence- ISSUE DATE APRIL 2014

19. Alleged Misconduct by Polygrapher- ISSUE DATE MARCH 2014

20. Theft ofUSG Property: E Bay sale ofNVGs- ISSUE DATE MAY 2014

21. Allegation of Misconduct by Polygrapher- ISSUE DATE MAY 2014

We completed a thorough search for records responsive to your request and located twenty-three (23) documents which can be released in segregable form with redactions made on the basis ofFOIA exemptions (b)(!), (b)(3), (b)(5), (b)(6), (b)(7)(b), (b)(7)(c), (b)(7)(e) and (b )(7)( d). Exemption (b )(3) pertains to Section 6 of the Central Intelligence Agency Act of 1949, as amended, 50 U.S.C. Sec. 3507 (formerly codified at 50 U.S.C. Sec. 403g), noted as exemption (b)(3)CIAAct on the enclosed documents, and/or Section 102A(i)(l) of the National Security Act of 1947, as amended, 50 U.S.C. 3024 (fonnerly codified at 50 U.S.C. 403-l(i)(1)), noted as exemption (b )(3 )N atSecAct on the enclosed documents. Due to the current status of coordinations of eight (8) of the documents we are unable to produce those at this time. We will, however, release those to you once all relevant equity holders have completed their reviews.

Because the above-referenced request is a subject of pending litigation in federal court, in accordance with Agency regulations as set forth at Section 1900.42 of Title 32 of the Code of Federal Regulations, you are not entitled to appeal this determination administratively.

Enclosures

Sincerely,

lfcLl}·~~ Michael Lavergne

Information and Privacy Coordinator

1·····----•A•p•p•r•oved for Release: 2015/05/05 co6299587 __________ ~

(b)(3) NatSecAct-

. CIA/OIG Loan Copy Central Intelligence Agency Do Not Copy ·

Inspector General ·

REPORT OF INVESTIGATION . I .

(U/IFOUO) ALLEGED VIOLATION OF CIA-UNIQUE POST EMPLOYMENT RESTRICTIONS

(~)(3) CIAAct I

David B. Buckley Inspector General

11 February 2013 (b)(3) CIAAct

Assistant Inspector General for Investigations

c____ J Special Agent

(b)(3) CIAAct

NOTICE: The information in this report [

(b)(3) NatSecAct

is covered by the Privacy Act, 5 U.S.C. § S52a,

and should be handled accordingly. _ _______j

~---

£1lCRH( INOFORN

(b)(3) NatSecAct -----------~~~ Approved for Release: 2015/05/05 co6299587

I

CU6L'99587 Approved for Release: 2015/05/05 C06299587 _________ _

CWOIG Loan Copy Do Not Copy

OFFICE OF INSPECTOR GENERAL

INVESTIGATIONS STAFF

REPORT OF INVESTIGATION

(U//Ffit1fi) ALLEGED VIOLATION OF CIA-UNIQUE POST-EMPLOYMENT RESTRICTIONS

[ (b)(3) CIAAct ] ------------------- --- ------ --

11 February 2013

(U) SECTION A- SUBJECT

1. (U) FuiiName:C(b)(?)(c)=

(b)(1) (b)(3) CIAAct (b )(3) NatSecAct (b)(7)(c)

SECRET

(b)(3) NatSecAct

Approved f~_r Release 2015/05/05 C06299587

C062.99587 Approved for Release: 2015/05/05 C06299587 __ ~--------....,


(U) SECTION B ·PREDICATION

2. (UIIARJO~ In Septembe(!iliZl_( c )e Office of General Counsel (OGC) refem:d to the Office oflnsJl(!Ctor General (OIG) allegations thotl

---- - -- - · (b)(7)(c) [Wiisengagedinactivitiesinvolving [ (b) ( 7 )(c) !foreign entities in possible violation ofOpost-employment (b) (7)( c) restrictions. In the course of i~atinE( b) (7) ( c )activities and coo · natinJ! concurrent

1

·nv stigationsJ(b)(7)(C)____jOIG developed infonnation that (b)(7)(c)= (b )(7)( c) retired CIA officer, also may have violated post-employment

restrictions on advising or representing foreign governments.

(U) SECTION C ·POTENTIAL VIOLATIONS

(b)(3) CIAAct

(5) Special Rules With Respect to Cenain Relationships with Foreign Governments or Political Parties Follcwing Separaticlifrom CIA.

(a) (U) Section 402 of the Intelligence Authorization Act for Fiscal Year 1997 requires the Director of the Central Intelligence Agency (D/CIA) to issue regulations requiring designated Agency employees to sign written agreements committing not to represent or advise, for a petiod of three. years after that employee leaves CIA employment, any foreign govet:nment or foreign political party. Pursuant to starutory authorities, the D/CIA has delegated to the Associate Deputy Director of the Central Intelligence Agency (ADD/CIA) responsibility for administering the post-employment restrictions required by section 402. The ADD/CIA shall report to the D/CIA all actions taken pursuant to subparagraphs m(5)(e), (k). and (m) below.

(c) (U) Within 30 days after the promulgation of this subparagraph m(5), and by 31 January of each subsequent year, each directorate (including the D/CIA Area) shall identify those positions within that directorate which are occupied by members of the Senior Intelligence Service, whose responsibilities require them to maintain "significant contact ... with foreign government officials and it is expected that the contacts will involve regular or recuning interaction.

(j) (U) Where it appears that a fonner employee may have violated the terms of .his or her Post-Employment Agreement, the Inspector General will have jurisdiction to investigate the matter, report his or her findings of fact to the D/CIA, and provide a copy of that report to the ADD/CIA. In such cases, the ADD/CIA shall review the Inspector

2

.SBeltBI

Approved for Release: 2015/05/05 C06299587

I

C06299587 Approved for Release: 2015/05/05 C06299587~-----------,


General's fmdings of fact and request the opinions of the former employee's most recent Director or Head of Independent Office and the General Counsel.

(k) (U) After consulting with the respective Director or Head of Independent Office and the General Counsel, if the ADD/CIA concludes that the Post-Employment Agreement has been violated, the ADD/CIA shall impose any or all of the following sanctions upon the former employee: (I) a post-employment letter of reprimand, (2) !he foreclosure of any future CIA contractual or olher relationships wilh !he former employee, (3) a determination !hat the Agency seeks as a remedy at law !he forfeiture to the U.S. of all money or Olher consideration received by the former employee !hat is attributable to his or her violation of the Post-Employment Agreement, and ( 4) forfeiture of all or any portion of the Federal retirement benefits to which the former employee olherwise would be entitled. For purposes of this subsection, !he term "Federal retirement benefits" includes those benefits provided by the Civil Service Retirement System, the Central Intelligence Agency Retirement and Disability System, !he Federal Employees' Retirement System, !he Federal Employees' Retirement System Special Category, and any successor Federal retirement system !he vested benefits of which are attributable to the employee's CIAsetvice (but does not include the former employee's own contributions, earnings on such contribution, or benefits to !he extent !hat they are attributable to !he employee's own contributions).

(o) (U) The ADD/CIA shall provide !he Director, Office of Security information about any final decisions made pursuant to subparagraphs m(5)(e), G), (k), or (m) above. The Director, Office of Security shall maintain a database containing !hat information.

(U) Title 18 USC§ 207, Restrictions on former officers, employees, and elected officials of the executive and legislative braches, provides in pertinent part:

(f) Restrictions relating to foreign entities, -

(I) Any person who is subject to the restrictions in subsections (c), (d), or (e) [applicable to certain former senior employees of !he executive branch] and who knowingly, wilhin one year after leaving the position, office, or employment referred to in such subsection-

(A) represents a foreign entity before any officer or employee of any department or agency of¢e United States wilh !he intent to influence a decision of such officer or employee in carrying out his or her official duties, or

{B) aids or advises a foreign entity wilh !he intent to influence a decision of any officer or employee of any department or agency of !he United States, in carrying out his or her official duties,

(C) shall be punished as provided in section 216 of this title. (b )(7)( c)

(b )(7)( c) 3. (U/@JOO) InC] !he year ofC- }ermination of CIA employment, !he foreign entity restrictions in 18 U.S.C. § 207(f) applied to senior employees whose base pay, including

3 SECR£'f

Approved for Release: 2015/05/05 C06:=2c"9=95"'8"'7'-------------

C06299587 -Approved for Release: 2015/05/05 C06299587 ___________ """"1


locality pay, exceeded $140,216.50. (See generally 5 CFR § 2641.104, defining "senior employee" for purpose of 18 U.S.C. § 207.) Accordiugly,CJas subject to the§ 207(f)

(b)(7)(c)

restrictions based on[)al~ at the time of[}etirement, $149,241.37. . (b )(7)( c)

4. (Uifi'Otl'O) OIG made a preliminary presentation of lhe facts concerning c:.Jto lhe Department of Justice Public Integrity Section (DOJ/PIS) as a possible violation of 18 U.S.C. § 207(f). DOJ/PIS consulted with lhe Offlce of Legal Counsel and the Office of Government Ethicsaboutthematter. On _(b)(7)(c) DOJ/PISdeclinedtoo nacriminalcasea ainst

L_ ___________ (b_J_(?_J(_c_) __ ___j DOJ/PIS noted lhat "the fact lhat the experienced and informed attorneys from [Office of Legal Counsel] and [Office of Government Ethics] did not have a clear answer to lhe question posed in this case (nor did we), precludes us from putting togelher a criminal case on these facts." Therefore, this report focuses only on lhe alleged violation of the Section 402 post-employment restrictions.

(U) SECTION D -INVESTIGATIVE FINDINGS

(U) BACKGROUND

5. (UI/EDOO) I (b)(?)(c) occupied a position subject to lhe regulatory post-employment agreement required by Congress

(b) (7) (c) in Section 402 of lhe Intelligence Authorization Act of 1997 and incorporated in L( b)( 3) C IAAct c_---~-~~- signed a post-employment agreement not to represent or advise lhe government of any foreign county or any political party of any foreign country, as defined in 18 U.S.C. 207(f)(3) for the three ear calendar 'od immediate! followin se lion.

(b)(7)(c)

(U) ETHICS ADVICE PROVIDED (b)(7)(c)

7. (U) The CIA/OGC Ethics Counsel advised of these restrictions in two hand-(b)(?)(c) ·delivered letters datedC(b)(7)(c) ]and (Exhibits_8. C) In the

c_ ____ Ietter,theOGCethicscounselinfo atthe b)(7 c) letter (b)(?)( ) previousletterdatedL(b)(7)(c)=:::Jandwasintendedtoassist _ .. n c

understandin ... post-employment restrictions. Bolh letters advised that there is no "safe-harbor" for "behind-lhe-scenes" assistance under 18 U.S.C. § 207(f) or Section 402. They further advised that the Section 402 ban on representing or advising "does not require the

4

SBCRHT

Approved for Release 2015/05/05 C06299587

C06299587 Approved for Release: 2015/05/05 C06299587 ___________ __,


rendering of aid or advice with the intent to influence the US Government, but applies absent any US interest or involvement in the matter at issue."

Regarding the Section 402 restriction, the OGC Ethics Counsel wrote one__ ____ _ (b )(7)( c)

A former employee subject to this restriction would be prohibited from working for a foreign government in any"capacity, including as an employee or contractor. Further, regardless of whether the former employee worked directly for the foreign government, he would be barred from "representing" a foreign government on any matter. The former-' employee could, however, work for a consultant that advises a foreign government, and even interact directly with the foreign government so long as the subject of the consultation was not related to any ~r within the scope of his government employment. The former employee also could sell goods for his new employer directly to a foreign government, and provide advice on how to use a product, so long as the " advice was not related to any matter within the ~ of his government employment.

The Feb!Wli)' letter continued:

" As you discussed with [CIA Senior Deputy Counsel] Joho Rizzo during our '----c-~ meeting, a "matter" means any particular matter with specific parties, such as a contract. Therefore, you will not be considered to be in violation of this restriction if you are rendering advice to a foreign government in connection with a sale of goods and services and that advice does not intersect with any matter, including any contract, with which you were involved as a government employee.

(b)(7)(c)


(b)(7)(c)

C06299587 Approved for Release: 2015/05/05 C06299587 ____________ ...,

SECREf


· 10. (U) Concerning interaction with[ . ---······· .. . . __ _I the OGC Ethics Counsel advised that, so long asllcompletely avoids any discussion of matters involving the United

'-;S"'ta:-cles--'Qould not vlolate 18 U.S.C. § 207(1). However, if[]aided or advised [ ren behind-the-scenes, on a matter involving CIA or the rest of the United States Government.O would be in violation of 18 U.S.C. § 207(1). As to Section 402, the OGC Ethics Counsel advised that interaction witl1 [in the course of selling goods and services 1vould not violate Section 402 unless there is some intersection with a particular matter on which0 worked while a CIA employee.

(U) [ (b )(7)( c)-'rOST-EMPWYMENT ACTIVITIES INVOLVING FOREIGN ENTITIES

(U) Overview

11. (U) The OIG investigation found thatJifrequently interacted with,---~ representatives of-foreign--governments -in a -busin~elopment ·role-- inciu~~,..---_j

[ [- in the months following[___FIA retirement.

(b)(?)(c)

6 Sll€Rffi'

(b)(?)(c) (b )(7)( d)

I __ --------------------A-p-pr-o-ve_d __ fu_r_R_e_le_a_s_e_:-20_1_5_ffi_5_/_0_5 __ C06299587

(b)(?)(c)

I

I

C06299587 Approved for Release: 2015/05/05 C06299587 ___________ __,

----------------------

(b )(7)( c)


(b)(7)(c), ________________________ _i

(b )(7)( d) 16. (U)I !said tha!nmade an effort to understand the applicable rules and regulations, and to the best oflJknowi~.Owas in compliance with all oC}ost- (b )(7)( c) employment restrictions. 0 added thatUnever had any intention of violating or circumventing the restrictions.

7

SECRET

(b )(7)( c) (b )(7)( d)


C06299587 Approved for Release: 2015/05/05 C06299587 ___________ ,

----------~-----------------

(b)(7)(c) (b )(7)( d)

B

SECI&f


r Approved for Release: 2015/05/05 C06299587

C06299587 Approved for Release: 2015/05/05 C06299587

(b)(?)(c) (b )(7)( d)



C06299587 Approved for Release: 2015/05/05 C06299587 ___________ _

CIAIOIG Loan Copy Do Not Copy

(U) SECTION 5- RECOMMENDATION (b)(3) CJAAct ·

28. (U/~) Pursuant to[ [ the ADD (now titled Executive Director) should review the fmdings in this Report of lrivesttgation and seek the opinions of the Director, National Clandestine Service (DINCS), and the General Counsel to determine wheth~ (b)(7)(c) violated the terms oQpost-employment agreement. If the Executive Director, in consultation with the D/NCS and the General Counsel, concludes thatc::::=JviolatedC}ost-emp~nt agreement, the Executive Director should determine the appropriate sanctions againstL__J consistent with[ (b )(3) CJAActnd report the results to the Acting Director, CIA._

10 SEeid!I

(b)(3) CIAAct


C06299587 Approved for Release: 2015/05/05 C06299587 _______ ...,. __ _

SECRE'f

' CWOIG Loan Copy Do Not Copy

(U) SECTION 6- EXIDBITS

A. Post-Employment Agreement dated L(b)(?)(c1

B. Letter dated L(b)(7)(c)=from CIA OGC to~garding post-employment restrictions · (b)(7)(c)

c. Leru;r ~L(b)(?)(c)~ from CIA OGC t(b)(7)(c[..,garding post-employment restncttons · .

D.l (b)(?)( c) I email exchange between OGC attorneys regarding oral infonnation provided toj (b)(7)(c) ] · ·

11 .SEC~


.C06299587

k i

)_

~-

'~· __ _..... _________ -,---__ ". " Approved for Release: 2015/05/05 C06299587 . , • ,:.--~i:.:• . , .• _ c:..,

C06299587

An Agreament states.

Approved for Release: 2015/05/05 C06299587 ___________ _

POST-EMPLOYMENT AGREEMENT

BetW1Ktn j._-_(_b J_(?_J_( c_J ___ -_--___,--[ and the United

1. Intending to be legally bound, and in consideration of my continued service in the position that I now occupy ("llllr position") for the Central Intelligence Agency. ("CIA"), I accept the obligations contained in this Ag~t. I understand and accept th&t service in my position imposes upon ma certain obligations, including the obligation not to per.mit an'actual or potential conflict of interest or the appearance of any actual or potential conflict of interest to arise between the responsibilities of my poaition and llllr relationships with certain foreign entities following my separation from CIA.

2. I understand and agree that for the three-year calendar periOd illlll8diately following my separation from CIA employment I will not represent or advise the governmant or any political party of any foreign country, as defined in 18 u.s.c. § 207(f)(3). I further understand that I will not be subject to this restriction on my post~loymant activities if I occupy a position that has not bean designated as being subject to these post-employment restrictions for a period of three years or more prior to my separation from CIA employment.

3. I understand and.agree thst should I violate this Ag~nt; CIA may i111p0se upon me any or all of the following sanctions: (i) a post-employment letter of reprimand, (ii) the f'oracl.osu.re of any future CIA contractual or other reiationships with me, (iii) a deter.mination that the Agency seeks as a r&nedy at law the forfeiture to the United States of all money or other consideration received by me that is attributable to my violation of the Post-~loyment Agreement, and (iv) forfeiture of all or any portion of the Federal retirement benefits to which I would otherwise be entitled. For purposes of this subsection, the term "Federal retir8lllent benefits" includes those ben~its provided by the Civil Service RetirGIIIent System, .the Central Intelligence Agency Retirement and Disability System, the Federal Employees • Retirement System, the Federal Employees •



Retir1M118nt Sys~ Special category, social security benefits based on federal employment, and any suce&asor Federal retiremant sys~ the vested benefits of which are attributable tc the employee's CIA service (but does not include the former employee's own contributions, earnings on such contributions, or b&nefi ts to the extant that they are attributable to the employee's own contributions).

4 . I understand· and agree that I may obtain a waiver of enforcement of this Agreement in a specific instance or a relea- from this Agr.........,t, only by written request and in accordance with the regulations and procedures set forth by CIA. Such a waiver or release shall be effective only if it is in writing, signed by the Executive Director. I further understand and agree that there is no obligation upon CIA to grant U1IJl request for such a waiver or release, that any such waiver or releaee if graJited must be in writing, and that, unless and until such time as a waiver or release is granted or if no such waiver or release is granted, I remain subject to all of the te.rms of this Agreement.

5. I understand that U.S. Government may apply for a court order enjoining me fran engaging ill any activities, actual or reasonably anticipated, in violation of this Agreement. I have been advised that such an action may be brought against me in any of the several Ullited States District Courts where the Ullited States Government may elect to file the action and that court costs and reasonable attcrnay•s fees incurred by the United States Government may be assessed against me if I lose such an action.

6. I understand that each provision of this Agreement is severab~e, and that 1~ a court should find any provieion of this ·Agr......,nt to be unenforceable, all the other provisions of this Agreement shall remain in full force and effect. This Agreement relates solely to certain of II¥ specific responsibilities and does not set forth any of the other conditions or obligations that may now or hereafter pertain to my employment by or assignment or relationship with CIA.


C06299587

~.; ~-~:, '

Approved for Release: 2015/05/05 C06299587 _____ ~.....,.....,......,--,..

~-------------------.,;:·

(b)(7)(c) [(b)(7)(c) -]

Date

[(b)(7)(c) ·

Date I Signature of CIA Representative

(b )(6)

,,

~·

'

" ,_ .'1-

<c;.

lt.:·.· ... ~· ... ------------------~ t#~ -~ , , . Approved for Release: 2015/05/05 C06299587

C06299587

b· .:_,;;.-

\ '

k-~·

~ ~; .. - .

Approved for Release: 2015/05/05 C06299587 ___________ _

/

t~:.·· ,· -f;;• ...... > ::··: ~~----,------,----~!.:'. . .. ~d Approved for Release: 2015/05/05 .C06299587

C06299587 Approved for Release: 2015/05/05 C06299587-------------,

VXA RAND DBLIVBRY

CENTRAI.INTB..UGENCE AGENCY WAIHINQTON. D.C. JOIJOt

(b)(7)(c)"]

You intoed to termdnate your employment vith the Central Intelligence Agency (AgRey) and haw requested written guidance ccnce=ing l::ll& poat•employment rutrictions applicable to you. Aa you are aware, a former tedezoal government employee baa restrictions placed upon his poet-employment activitiea by both statute and regulati~, .Ad violationa o! tbaae reatrictiona may result" in criminal aDd civil pRAlUea. This letter ia intocded to aaoiat you in undaratandiag the restrictions. I! queation.o arise aa to the applicability o! tba restrictions to a partict.a.ar aet of cireumat&.tlQea, please do not .buitate , to cOntact me for a specific Opinion ~sed upon those facts,

You have .completed the Poet-Government Bmployment Bthico Questionnaire dated I_______ _ ___ lam! 11rov;c!ed ~it~oDAl information to '"" durtng our meeting on [ I I have uaed the intomation provided. by you as the basis for the conclusions in thia letter, The advice provided below is baaed on the assumption the following facts are true~

(b)(7)(c)

(b)(7)(c)

• You will terminate emplO)'IIIent with the Agency anD (b)(7)(c) f---------__r---" Sel!_:IJ!.t: JntelUg~cJ>.:__$.l!lmc_e_of!ic.,;:. ___ _

(b)(7)(c)

---------------------·-·· Approved for Release: 2015/05/05 C06299587


(b)(7)(c) ]

· • You will not receive a caah incentive to aeparate from the Agency. Acco~ly, you will not b6 oubject to t.he reatrictioaa impoaed by the CIA Voluntary Separation Pay Act.

• You will be subject to the post-employment restriction · contained in •o2 ot th• 1997 Intelligence Authorization Act.

• You did have peraonal and subatantial invol~nt in goverament contracts during your government career.

• You were not involved in any Agency procurltllent in exceas of $10 million.during your last year of governmeQt ••%Vice; Tber.ef"ox:e:, .on the baeia ot your repre118.ntii.tiona, .I .ha.ve eonc.l~ that you are not aubj act ~o th& oae,year cCIIIIpeD.O&tion ban l.mpoaed by the l'rQ<::uremallt Integrity Act.

• You did liOt engage in.trade 8lld treaty negoti&tiOIIS aa an .Agency employee, and, accordingly, will not be subject to the restrictiOIIS of 18 u:s.c. 207 (b).

' If II¥ understellding ·of your employment history is incorrect and one of the above •tatements is nOt true# the advice provided in this lett:er may:not be acct.irate and cannot be relied upon. Should mY Unae~:atimditig of the facts be in error~ please contact me for additional advice baeed.upon corrected information.

You are·alll>ject to· the peat-employment reatrictiono a...-rizsd below.· ·A detailed diacu88ion o! each o! these restrictions !ollowa.

B\!B!ar\j d »oata!!lplor--t Reatriatiou

l . rou :ue baz:-:1:'~ pez:m&Aea.t:ly :from rep: .. enting' anyona (othe:r: tb.ur t.be -us :Gov~t) JMfore anr o!fio:Lal or agency of the -tJS Gove:nuMDt · cc;mcC"D.ing .~•• particular matter• in which you were pe:r:•ou.a~ly aDd IIUb•taDt.ially in"'I'Qlved aa a federal employ.e.



(b)(7)(c)~

2. You ...-. barred for t1oo yearo from repreoontiDg anycma (other than tb• 08 Gove~t) befor• any official or agency _of the . tJS Oov•rDJ~eD.t· cumcendng any partioular matter• that were actually pen41Dg. UDder your official reeponoibility duriDg ycur la•t year ot govera.ent •exTioe.

3. You are b'""""iS for ooe year .after l~atioo fr<a (b)(7)(c) makLDq any caa.auication or appearance beforeiL-----~~~~--~--~

I ~he C1111tral Xlltelligqoa Agqoy Meldng official action on behalf of a ~r<l party.

4. You ue· ~ fOr one year aft•r sepuatiou. from the A9"1111Cy froa repraa ... tia.g, aiclia.g or advioia.g a foreign eDtity with t;he ·~.nt ... t to l.nflu...ae the tlllitad Stataa.

S. You ar• b&rrad. fraa repre•nting' or advi•ing a foreign go~t or for•iSD politioal party for thr•• years aLter aGparating f~ th• Aganey.

n.tailad Diocu.aion of POit•!!ployaont Reotrictiooo

Permapent !!preaeutataoa. Ban. A federal employee ia permanently barred fr0111 representing anyone (other than the VS Government) before any official or agency of ttuo·vs Govermuent concerning any particular matter involving a specific party or parties in which ·the employee was paraoaally and substantially involved u a faderal employee. 18 u.s.c. 307(a) (1). Thia criminal statute is called the ~switchiag sides~ or ~revolving dOor• statute.

The· moat caanon example of a •particUlar matter• under the statute would be a contract ·or a proposal for a co~tract. A •particular matter• also would include a renewal, extension, or modification of a contract.· The prohibition further requires that •a sP.cific party or parties' be involved at the time of employee• a _involvement.· General rulemaking usually does not involve a aPecific·p&rty or parties; contracts always involve apecitic parties.

~o participate •personally' generally means to participate di~ectly, although an employee can participate •pereocally- even tllaugh he merely direota a subordinate's participation. To

]



(b)(~)( c)~

participate •substantially• means that the employee's involvement muat have been of •ignificance to the me.tter, or form'a basis tor a reasonable appearance of significance. •Personal and substantialw involVement with a contract would include action through decision, approval, disapproval, recommendation, investigation, or the rendering of adVice in a particular matter. P'urther, personal and substantial involvement incltJdea both formal roles in the administration of a contract·, auch aa a COTR or approving contracts, as well as more intormal rolea, aucb as supervising a contractor employee or giving award tee input.

All communications and. appearances made on behalf Of a · third party with the intent to influence the federal government· are prohibited by the rep:i-eaentational ban. The ban, however, c1oes not prohibit limited •behind-the-scenes• involvement on the part of the former gover.ament employee in connection with the repreaentation __ of_ a t_hird partv. · _AdditionallY:- the ban doee- not prOhibit • former employee-from representing him or herselr {~s distinguished from a corporation or consulting firm) betore"the federal governrneta.t, «B, for iaatanoe, an independent contractor.

To the extent that :You were personally and substantially involved in a partiCUlar matter, including a contract, you will be permanently banned !rom representing a third party on that contract .

. 'l'wo·r•ar !!!!rea ... taticm BaD. · ror two years after h~o government employment ends, a former employe• may not represent

.anyone (other than tbe US Government} before any official or agency of the OS ~rnment concerning any particular matter that the former employee knows or reasonably, should know was pending under his official responsibility during the last year of his government employment. 18 !J.S.C. 207 (a) (2). This ban is identical to the permanent representational restriction except that it. is of lhorter duration and requires only that the former employee .have had otficia~ reaponsibility·for a matter during -his last yeax-· of government service, not that he. participated par•oaaUy and •W>•tantielly in that mat_ter.

A matter -.a •actually pending• l.Ulder a. former employee!& official reaponsibil~ty if. the matter was in tact referred to or

4

Approved for Release: 2015/05/05 C062995"'8.._7 ____________ _


------------------------

(b)(7)(c)~

UDder consideration by peraona within the emplQYee'e area of reaponoi~ility. Tbio rootrictioa doeo not apply unleoo at the time of the. proposed representation of another he knows or· reasonably should know that th~ matter had been under hia re•ponaibility during the la•t year_of Agency service.

A8 with the- permanent ban, the reatriction applies to communications ~ appearances on behalf of & third party that are made •with the intent to influence• the federal government, but does not prohibit .. behind-the-scenes"' activities. Unl.ike the permanent .ba.n, however, an employee's reeusal or lack ot partidipation in a matter does not remove it from hi• official reeponaibility.

To the extant that you were not personally and substantially involved in a particular matter, but that =atter tell under your official responsibility during your last year of gov.ernmene service, you will be- subject to this- two-year ban on that matter.

OU. Year CooliDg•Off Period. 18 U.S.C. 5 207(c) imposea additional.reatrictiona on senior intelligence officers earning over $136,757 in b&ae pay (which after 11 July-2004 includeo lOcality pay), and, u your b&se pay will exceed the threshold when you separate 1 you will be subject to this one-year restriction following· your separation from the Agency. Former· senior employees subject. to Section 207 (c) are prohibited for one year after separation frgm making !EX communication or appearance on behalf of a third party before the Central Intelligence Agency or ·any federal agency in which the former employee served in any capacity during his last year of government service seeking official action. Like the permanent and two-year restrictions discussed aboVe, this provision does not prohibit •behind-the acenea• assistance to a third party. The restriction, however, doee not require the former senior employee· to have ever been officially involved in the matt~r that ia tho aubjoct of the COimllWlicat.ion or appearance. . Unlike the permanent and two-year reatrictioDS, the prohibition applies only to the federal agency or agencies in which the former emplOyee served in any capacity during his last year of government service. In. your Case, Y,!2U will be barred from----, represent.ing any third party before (b )(7)( c) __ -" the Central Intelligence Agency.

5


C06299587 Approved for Release: 2015/05/05 C06299587 ________ .._ __ _

[(b)(7)(c)

An opinion iaauod loy the Office of IAtgal Counael, us. Department of J\llltice (OLC) ,. .determined the conduct of a former aenior employee would fall out•ide ot permi&.ible •behind-the· scenea• aaaiatance if the· former offi~ial intended that intormatioa. or viewa· conveyed· to bia tonaer agency by a third party be attrilouted to him. The OLC opinion liata several -lea o! tho type of indirect communication that noay be considered •representing,• including wben a high-ranking official aggressively publicizoa the fact that he is starting a one-man COllBUltiDg' fim, then aubt'Dits a i8port to the agea.cy shortly thereafter under the name of that firm.

'l'he lhani.J:Lg of. •ll!pre•entatiou•. The m.eaning ot the term ·~preeenting• .in the context of the three repreeentational bans diacuaaed &Oove ia very broad. "'Representing" inc:ltldea all cotnn~;unica.tione and appearance•- made- -on behalf of • third party ~ith the intent to influence the federal government. It is not limited to lolobyins or repreeentins a third party Oft contract nagotiatiou, tor example. Rep:r-eeutation need not be·on behalf of the original contractor and can include virtually any int~raction witb other federal ea>ployeea on loehalf of • privat~ employer or individu.iil. tt, for instance, as a representative ot your llAIW employer, ycu attend a meeting with any part of the united States Government during which a particular matter in which you were personally and substantially involved is cUacuased. and you Offer your .opinion on the ma.tter ;. you would be considered to be .. representing• your employer. This would be a viOlation of the crimic&l statute. ·

None of these representational bans prohibit •behind-the· scenes• involvement in a particular matter. This safe harbor allows you to use your expertise and knowledge, but not your influence. As noted above, bowever,. condu9t _falls outside .the scope of permissible -bebind~the·scenes• involvement if, fOr instance, a ·tormer govercment. official intends that information conveyed to the federal government by a thi;d'party be · attrilouted to him. In other worcls, ycu cannot ahield youraelf from criminal liability loy interacting with government officials through a third party, including through a business .a.as·ocia.te, if you intend that t~e information be attributed to you.


C06299587 Approved for Release: 2015/05/05 C06299587-----------~

-----------------------

c(b)(7)(c) J

ro ... ip btlty a .. tdctiOIIII. 18 u.s.c. I 201(fl reatricta former aenior employee• whose bau pay (Which after 11 JUly 2004 includes locality pay) ia over $136,157 tot one year after oeparation from the Agency fro~~~ representing, aiding or adviaing a foreign entity with the intent to influence the Ollited States .. A foreign entity is defined as a foreign government or foreign political party. A foreign government includes any parson or group' ot pet"•ons exerciaing aOvereign de facto or de jure political juriadiction over any ccuntry, other then the ·onited States, or any part ot: such countrY. It also inoludas any subdivision of a group and any grou.p or agency to which sovereign de facto .or de jure authOrity~r functions are· directly or indirectly del-sated. The term also iDcludee any . faction or body of . ineurgenta within a country aaauming to exercise governmental authority, whether such faction or body of insurgents has or heo not been recognized by the united States. A foreign commercial coxporation will not generally be · considered -a foreign -ea.t-ity-- for- P'..t-""Posee- ot ·18 u.s.c. I 207 (_f) unleaa it exe"rciaes the functions of a aovereign. There is no. safe ·harbor for ··behind·the-acenea" aaai1tance un4er 18 u.s.c. 207 (f)'

Section 402 Tbree•Year Poat•B!plgy!!At !qreement. Your former position! is a designated position subject to the three-year post-employment ag~eeatent required by Congress in Section 402 ot the · Intelligence Authorization Act of 1997. 50 u.s.c. 5 403•4 nt. PUrsuant. ·to this Act, you have 1igned an ag~eement with the Agency that prohibits you from representing or advising a foreign government or foreign political party for three years after leaving employment at the Agency. (Because you held this designated position within tbree years of leaving government service, you will be subject to this restriction upon your· departure, even though you no longer hold this position.) "This ban does not require the rendering of.aid or advice ~ith the intent of influencing the U.S. Government, but applies absent any U.S. interest· cr involvement in tho matter at isauo. 'l'here ia no aate barbol:' for •behina-ehe-sCenes" a.aaistanao under Section 402.

You ha¥e &&ked for detailed advice- on this prohibition, specifie&lly whether it applies when a cove:red torlDEir _·emplOyee ia selling goods or services to, but not working directly for, a

,


(b)(?)(c)

C06299587 Approved for Release: 2015/05/05 C06299587------------

------------------

c(b)(7)(c)

foreign government. A former APloyeo aubject to this reatrioHon would be .. prohibited from working for a foreign government in. any capacity, including aa an employee or.a contractor. ·. l'urtb.er, regakdleaa ot whether the former employee worked directly for the foreign goVernment, he would be barred from •representing" a. foreign government on any matter.. . (The . broad 1Maning·~ot ·•tapreaentat.ion" diacuasec1 above would. apply.) 'I11.e ·former employee could., however, work for a consultant that advises a ~oreign government, and even interact directly with the foreign ·government, so long ·as the subi ect of the consultation was not. related to. any matter Within the scope of hi&· government ·employment. The former employee also could sell good,e for his new employer directly to a foreign government, and_ provide advice on ~ow ~o use a produCt, so long as the advice was nOt related to any matter .within the scope of his government eraployment:.

•oreign Agent•. Regi1tratioa Act ot_ 1938

Although you currently do not anticipate working for foreign governmento, pelitical psrti•• or companies, you should familiarize yourself with the requirement& of tho Foreign Agent• Regiatration Act of 1938 (PARA), 22 u.s.c. 601 et eeq., if you wish to ""!>lore tllia po88ibility in the future. PARA require& a person to register aa ,an •agent ot a toreign principal" when be or she a~ts at the order, request or under the direct control .of a foreign. principal and engages in certain types of activities. l'oreign princi~la include foreign .governments, and partner.ship8, cisS"ocia.t:iona, corporations, organizations·, or . other combinations of· persona organized under .th• law or baving their princi9a1 place of business -in a foreign country.

PARA bas a v~ry broad scope and you should ensure that you comply with it"s·-.registration requirements unless your activities aro exempt frOm the· Act. ·The Office of General counsel does·not make determinations concerning the applicability of tho Act. · Inquiries regarding FARA should be addresaed to: Foreign Aget~ta Regiutr&tion uni~, U.S. Department of Justice, 1400 New York Avenue, N:w., Room 9300, Washington, D.C. 20530. The unit's telephone number ia 202·5U•1216; the fax number is 202·514-2836.

8


C06299587 Approved for Release: 2015/05/05 C06299587 ___________ ---.,

----------~------------

-(b)(7)(c)- -

I hope that you will tiDd·the guidance contained in this letter help!ul a1 you begin your new c:aree~. Please remember that this letter·oDly summarizes the relevant atatutOry provisiona. The provisions must be applied to epeeitic facta on a case-by-ca8e baaia to determine it particular circumstances fall within .the acope of the reatrictiona. Pleaae contact me if you ·have any additional questions or eoncerna. I can be. reached atL ~

(b)(3) CIAAct Sincerely,

(b)(3) CIAAct

Bthioa Counsel

9


C06299587 ------- ----Approved for Release: 2015/05/05 C06299587-------------.



-------------------------

(b)(7)(c)

VIA HAND DBLIVBRY

[ (b)(7)(c)

oear[(b )(7)( c)], .

CENTRALINTaUGENCE AGENCY WAll !IemaN, D.C. 10101

You intea4 to terminate your employment with the Central Intelligence .Agency (.Agency) and have requested written guidance concerning the post-employment restrictions appiicabla to you. Ius you are aware, a former federal government employee has restrictions placed upon his post-employment activitiea by both statute and regulation, and violations of these restrictions may result in criminal and civil panaltiea. This latter supersedes my previous letter of I land· ia intended to asSist you in Wl.ders'tauding the 'reatrict.ioos. If questions arise aa to the applicabil.ity Ot' tbe restrictions to a particular set o'f circumetancea,· please do nOt hea!tate to contact me !or a specific op~on based upon those facts.

(b)(7)(c)

You have completed the Post-Government Bmployment Bthica (b)(7)(c) Questionnaire dated· provided adclitionel information to me during our meeting on and (b)(7)(c) during our meeti~ with John Ri:zo, Acting Gen~ral counael, on I I I have uaed the information provided by you aa the basis for the concluaiona in this letter. The oclvice provJ.ded below is baeed on the aaawapt.ioo the following f'acts are trues

• You will te.minate employment with the .Agency on aa a Senior rntelligence Service ottioer.

(b)(7)(c) L,Y"o"'uc-co-cr-.igccine=-•l•l-y_.jaeparated ·from tho Agency o~l .:==J I I


C06299587 Approved for Release: 2015/05/05 C06299587 ____________ _

(b)(?)(c)

(b)(?)(c)

t

.

• You will not receive a oaah incentive to separate from the Agency. Accordingly, you will not be oubject to the reetrictiona imposed by tho CIA Voluntary Separation Pay Act.

• You will be subject to the post-employment restriction contained in 402 of tbe ~997 Intelligence Authorization Act~ That three-year reetriction b~a.n to zi.m on D

th~ date of your first separation from the Agency.

• You did have personal and subetantial involvement in government conttaot• during your government career.

• You were not iuvol ved. in any Agency procure11ant in excess of $10 million during your laat year of government service. TherOfore, on the a-is of your repreaentation., I baVe donc:lu.ded that you are not subject to the one-year compeM&tion ban imposed hy the Procurement Integrity Act.

• You did not engage in trade and treaty negotiati~ as an Agency emplo:.eee, and, accordingly, will not be subject to the restrictions. of 18 u.s.c. 207 {b).

If my underatan:ding of your employment history is incorrect and one of the above statements is not true, the advice provided in this letter may not be accurate and cannot be relied· upon. · Should· my underotanding o~ the fActs be in error, plo .. e contact me tor additional. advice baaed upon corrected ifttormation.

You are eubjec.t to the poot-emplO}'IUent restrictione summarized· below. ·A detailed.diacusaion of eaCh of these reatrictioaa.foll~.


(b)(?)(c)

C06299587 Approved for Release: 2015/05/05 C06299587 ___________ ~

(b)(7)(c)l

1.. You ar8 harr.c! pez:maiumtly t:roa repra•eutiag ayone (other than the t7S QoveZ1Uil8Dt) before any official or. agency o~ the trs Gcrnnuaea.t cono:erniDg those particular mattez:oa in which you were p•r•onally and •ubatantially involv.d aa a federal employee.

2 . You are barred for two yeara from repr••.n.ting a:a.yone (other than _the US -~eram~t) before aay offigial or agency o~ tlM 118 ~t aoacerning any particular matter• that ware actually pending under your official reoponoihility during your laa~ year of goverument aervice.

3 • l'o~ az-e barred foi one year after ••P:•ration f"*l aaJdng any CO"'Ittn:lcatiob or appearance before _L__=~~o-c-c-.--~

I ltl!.• C:C.tr&l :tnt.alligonca Aganay oeold;ng ofticia:L aatic>n ou behalf of a t!Urd party.

4. Yo~ u• barred for one year. after •eparatioD from the Jl4lenay !J:'CIIl :r:ep ..... ntil>g, aiding or aclviliDg a !o:r:aign -ti ty with tha intent to influenoa tha united Stat ...

5. You .... barr"'- froaa repr...,.tiDg or aclvioiDg a "foreign ;ove~t or foreign political party for three Year~ after your u .. ae oep&:r:attcm froa tl!.• Aganay on 1 I ·

Datatl&d Diocudon of Poot•l!!Pl!?)nD!Dt a.striationo

Perm.u.eat R'Preaea.tatf.oa. BaD. A fede.t'al employee is permanently barred tr<IOI rep .. eaenting anyone (othe.- than. the US Government) hefo:r:<l any official or agency ot the us Govermnent concerning any pttticular matter involving a specific party or parties in which the employee waa personally and substantially involved as a··federal e•ployee. 18 u.s.c. 207 (a) (1). This criminal statute is called the •switching sides• or •revolving door"' aca~ute,

The DIQat common exampl.e ot a •particular matter" under the atatute would be a: contrace·or a ~ropoaal for a contract. A "'particular matter• .al•o would iaclude & renewal, extension, or tnodi.fica.tion of a contract. The prohibition further requires


(b)(7)(c)

(b){l)(c)

C06299587 ---.Approved for Release: 2015/05/05 C06299587-------------.

C<b)(7)(c)

that •a specific party or partiea• be involved at the time of employee' a invo;Lvement. oenera.l rulemaking uaually does not involve a speci~iC party or p.rties; cOntract& always involve specific partiea,

To participate •personally• generally means to participate directly, ·although an employee can participate •personallY" even though he merely -directa a ·aubordinate'• participation. To participate -••ubatanti&ll~ means that the employee's involvement must have been of significance to the matter, or form a baeis tor &'reasonable· appearance ot significance. •Personal and aubetantial• involvement with a contract would include action through decision, approval, diaapproval, rec:ommen~tion_, investigation, or the reD.dering ot advice in a particular matter. Purther, pereonal and. substantial involvement iricludea bo~ formal roles in the administration of a contract, auc:h. as a COTR or appi"QY'ing contracts, as well &e l'ii:Ore intormal roles, auch as aupervisi.J:l.g a ·contractor· employee or giving award fee input.

All communications and appearances made on behalf of a third pany with tile intent to influence the federal government are prohibited by the repre•ent&tiocilll ban. Tbe ))a.n, however, does not prohibit limited 'behiDd·the-acenea• invol'<i11111Snt on the part of ths former government eaployee in connection with the repreaentation of a ·third party. Additionally, the ban does not prohibit a former employee frgm representing him or heraelf tas diatin9uiahed from a corporation or consulting firm) before' the federal Sovernment, aa, for instance, aD independent contractor.

To the extent that you were personally and substantially involved in a pa~~icular matter, including a contract, you will be permanently banned from repreaenting a third party on that cont:r_act.

Two•xear Repre1ea.tation Ban. P'or two yeara after hie government employment enda, a former employee may not represent anyone (other ~- tbe OS GovernmeAt) before ~y ott1cial or ageilcy of ·the US Gov.naaea.t coacexning any pa.rtiaular u.tter that the fo~er employee kDova or reas~bly should. know was· pending under his offiCial responsibility during the last year of his gov.,rnment employment. 18 tJ,S.c .. ~07(a) (~) .. This ban is identical to the peX'l'Ganent representatiQna.l restriction



8lCCept that it ia of shorter duration and requires only that the former employee have had official responsibility tor a matter during hi8 laet yoar of government aarvice, not that he participated personally and substantially in that m&tter.

A matter waa •actually pending• under a tormer employee's off·icial re8p0118ibility if the matter was in fact referred to or under consideration by persona within the employee's area of responsibil~ty. This restriction doea .not apply unless at· the time ot the propoSed repreeentation of another he knows or reasonably shou1d know that the matter bad been under his reeponsibility during the last year of Agency eervice.

As with the permanent ban, the restriction applie• tO communicatione and appearances on behalf of a third party that are made •with the intent to influence• the federal. government, but does .not prohibit •behincl-the .. scenea• activities. ~·ike· tM pe~ent ban, however, an. employ8o' s recu-Bal or lack of participation in a matter does not remove it from his official responsibility.

To the extent that you ware not personally and substantially involved in a particular matter, but that matter fell under your official responsibility during your last year of govertlJAeDt •ervice, you Will be •ubj ect to this two-year ban on that matter.

One Year Cooli.Ds-o!f Period. 18 o.s .c. ! 207 (e) imposes additional restriction& on senior intelligence officers ·earning over $140,216.50 in base pay (which after 11 July 200• includeo locality pay) , and, aa your baae pay will 8lCCeed the threshold · wnen you separate, you will be subject to this one-year restriction following your aeparation from the Agency. ·Former senior employees subject to Section 207(c) are prohibited for one year after aeparation from making !nl communication or appearance on behalf of a third party before the Central Intelligence Agency or any federal agency in which the former employee ••rved in any capacity durLag hie laet yea• ot government; service aeek~ng official action. Like the permane.nt and two-year restrictions discussed above, ·this provision does not prohibit "behind tb:e scenes• assistance to a third party. The restriction, however, d.oee not require the former senior employee to. have ever been officially involved in the matter that is .the sUbject of the COIIIIIUIDication or appearance.

5



(b )(7)( c)

unlike the permanent and two-year restrictions, the prohibition appliel only to. the federal agency or ageDciea in w~eh the· tormer employeo·aerved in any capacity during hie laet year ot govertUt~.tmt· service.· In your c&1e, ~u will be barred !rom repreaenting any tbird party beforo[ (b)(7)(c) the Central Intelltgance Agency. ·L----------------~~~~~

AD opi.Jtlon issued by the Office of Legal COUnsel, us Department of. Jllstice .CoLe),: deter1ilined the COII<Iuc:t of a former senior·employee would fall out•ide of.permissible •behind-thescenes• assistance if the former official intended that intormation.or·v.iewa ~onveyed. to his former agency by a third party be attributed to him. The OLC opinion lilts several examples of tba typa of indirect co=nunication that may be considered •representing,• including when a high-ranking official aggressively publicizes the fact that he is starting a one.-man conaulti119 firm.,. then ttUbndte a report to the -agency shortly thereafter under the name of that tirm.

n. X.aning of •aepr••entatton• w The meaning of the term 1lreprese.nting• in the <:Oiltext of the three representational bans discussed above is very broad. •Representing• includes' all communications and appearances made on behalf of ~ third party ,.ith .the intent to influence the federal government. It is aot limited to lobbying or representing a third party on contract negotiaticna, for example. Rspreaentation need not be on behalf of the original contractor and can include virtually any interaction witb otbar federal employees on behalf of a private emploYer or individual. It, t.Or ina.tance~ as a representative of your n- employer, you ·attend a meeting with any part of tba ~ted States Government during whieh a particular matter in which you.were.peraonally and substantially involved is · diacuased· .and you offer your opinion on the matter, you would be conaid,red to bB •representing-: ·your ·employer. Tbia would be a violation of the criminsl·atatute.

None of these representational hsna prohibit •behind-thescenes• involvement in a particular mat tel:'. This aafe harbor allows you to use ;your expertise and knotfledge, bu.t not yOur influence. Aa notect.al)ove,.. however, conduc:t falls outside the. scope ot. permissible ·•behind-tlle-acenea" involvement it, for inatanc:e, a former government official intends that information· conveyed to· the .federal government· by a third party be attributed to :him. In: other words, you cannot shield yourself


C06299587 Approved for Release: 2015/05/05 C06299587 ___________ ___,

=(b)(7)(c)

from criminal liability· by interacting with government officials through a third party, including through & buaineso associate,. ' it you intend that· the intormation be ~ttributed·to you.

roreiS!! Zntity Rea.trictione, 18 o.s.c. S 207(f) restricts former.aenior employees whoaa.base pay (which after ll July 2004 includes locality pay) is over $140;21,.50 for one year after separ~tion from th~ Agency. from representing, aiding or advising a foreign entity with the intent to influence the United states. A foreign entity is def'ined. as 'a. foreign govermnerit or foreign political party. A foreign government includes any person or group .of persona exercising sovereign de racto or de jure political jurisdiction QVe% any count%Y, ·other than the united States, or any part of such country. It also includes any subdivision of a group and any group or agency to which sovereign de facto or de jure authority or functions are directly_ or-indirectly delegated. The term also includes ·any taction or body ot in&urgeuta within a. country ••Burning to exercise governmental authority, whether aueh faction or body of insurgents has or has not been recognized by the "United States. A foreign commercial corporation will not generally be considered a foreign entity for purposes .of 18 o.s.c. 5 ~07(f) unless it exerciaea the functions of a .sovereign. There· is no safe harbor for •behind-the-scenes• assistance Under 18 u.s.c.

207 (!) .

Section '02 'nlr••- -~~w,=t Your for1118r position, ao I is .a (b)(?)(c) designated poaition s ect to the three-year post·employment l'greement required by congress in section iO~ of tho Intelligence Authorization Act o!.l997. so o.s.c. S i03-4 nt. Pursuant .to this Act, you heve signed an agreement with the· Agency that prohibits you !rc>ni repreaenting or advising a foreign government or foreign political party for three years after leaving employment at the Agency. (Because you held this designated position within three years of your departure date in ~002, this restriction applies.) This ban does DOt require the rendering of aid or advice with the intent of influencing the U.S. Government •. but applies absent anY U.S. interest or involvement in the matter at issue. There is no safe harbor for •behind-the .. acenes• asSistance under Section 402. As mentioned earlier in this letter, this restriction will run from three

7


C06299587 Approved for Release: 2015/05/05 C06299587--------------,

(b )(7)( c)

=(b)(7)(c)

Agency on L.~-~----'

You have asked for detai'led advice on this prohibition, apeci~ically Whether it applies when a covered former employee is selling goods or services to, . but not working directly tor, a foreign goverument. A foXller employee subject to this · reatriction_ 'would be prohibited. from working for a foreign government in any capacity, including as an employee or a contractor. Further, regardless of whether the fomer employee worltecS cSirectly !or the foreign government,. he W<>uld be be=ed f:r"om •ropreaanting• a foreign government on any matter. (The · broad ftleaning. ot •repreaentation• cli•c:uaaed above would apply.)

·The formeJ: employee could, however, work tor a conaultant tbat ad.vi•ee a foreign government, and even interact direc:t1y with the foreign government, ao long aa the subject of the conaultatiou was not related to_ &rlf_ ma.tt•r w~_tb~ t~ _scope of his qoyGJ:"tUDailt -smploY!!nt• The former employee also .could ·sell goods tor hia new employer directly to a foreign government, and provide advice on how.to uae a product, ao long aa_ the adviee was not related to any matter within the scope of his sovernment employment. As yOu discussed with John-Rizzo during our I I meeting, a •aa.atter• means any particular matter with specific parties, such aa a contract~ Therefore, you will not be considered to be in violation or this restriction if you are rendering advice to a foreign government in connection with a sale of goods and eervicea and that advice does not interaect with any matter, includiug any oontract, with which you.vere invo~vecl aa a gove%1llne!lt employee.

Poreign !gent• Regi•tration Act of 1938

Although you currently do not anticipate working for foreign government•, political parties or companies,· you should familiarize yourself ,with tbe requirements of the Fcreign Agents Registration Act ot 1938 (FARA), ·22 u.s.c. 601 et seq., if you wish to explore this possibility. in the future. PARA requires &

person to register as an •agent or a. !oreigu principal• when he or she acts at the ol'der, request or uncle:r the direct ·control of a foreign principal and engages ill certaill types ot activities. Foreign principals include foreign governinents, and partner•hipa, associations, corporations, organi~ations, or

Approved for Release 2015/05/05 C06299587

(b )(7)( c)

C06299587 Approved for Release: 2015/05/05 C06299587_. ________ ~---

(b )(7)( c)

other combinations of persons organized under the law· or having their principal place of business in • foreign country.

PARA has .a very broad scope and you should ensure that you comply with ita regi_atration requirements unless your activities &re exempt fraJD the Act·.: The Office ot General COUnsel does. not make determinations· concerning .the applicability of the Act. Inquiries .regarding PARA should be addreaaed to' O".S. Department of JUst~ee, Criminal Division, Internal Security Section/Foreign Agents Regiatration Unit, 10~ ~ Constitution Avenue, N.W., Bond Building - .Room 9300, Washington, D.c. 20530. The onit's telephone number ia ~02-514-11451 tbe.fax number is 202-51•-2&36.

I hope that you will find the guidance contained in this letter helpful aa you. begin your new career. Please remeraber that this letter only summarizes the relevant statutory proviaiona. The provisions 1111st be applied to specific facts on a case·by·case basis to determine if particular ci~tances fall. within the ~cope of the restrictions. Please contact me if you have any additional questions or Concerns. I can be reached

at L(b)(3) CIAAct' Sincerely,

crb)~3)~1AAct _ _] -l!tliica Counsel

9


C06299587

• L f-.['"

~'· .,. ,.,, ~----~----~-------------------------

Approved for Release: 2015/05/05 C06299587 L::·· ...


(b)(1) (b )(3) CIAAct (b)(3) NatSecAct (b)(5) (b )(7)( c)

QQJJP:maPPw./1 '---~~---" (b)(7)(c)


I

C06299587 Approved for Release: 2015/05/05 C06299587-----------

(b )(7)( c) (b)(3) CIAAct (b )(3) NatSecAct

(b)(7)(c)

. Approved for Release: 2015/05/05 C06299587

.C06299587

~ ·~- .

If;·~~ :!0<·· r, ~·'

' ,,

~r --'"-+-----

(b)(3) NatSecAct uj

~-J (b)(7)(c) I

~s.!~~~· ~------------------l':.' ,, Approved for Release: 2015/05/05 C06299587

~ '

. ' .~

-Approved for Release: 2015/05/05 C062995BB·----------,-----

SECRET//HOFOmJ

CENTRAL INTELLIGENCE AGENCY OFFICE OF INSPECTOR GENERAL

MEMORANDUM TO FILE (CASE CLOSING MEMORANDUM)

I. ADMINISTRATIVE DATA

(b)(3) CIAAct Case N o1 j Case Title: Misuse of Government Systems

. i(b)(3) CIAActl Investigator:L Supervisor: I (b)(3) CIAAc~

Date Received: 10/31/2012 Date Opened: 11/13/2012

Date Assigned: 11/13/2012 Case Type: SR (b)(3) CIAAct (b)(7)(c)

II. SUMMARY OF INVESTIGATIVE ACTIONS (5//~H') On 31 October 2012

,------,---~-Support, Office of Securi OS

irectorate of contacted OIG and

advised that L_----~--~--~~~----~~~~

misused government systems by conducting unauthorized, non-(b)(3) CIAAct official searches on sensitive Agenc4databases. According ~o (b )(7)( c) I ~amedl n more than one occas10n to (b)(7)(d) ceasec:.::::Pehavior, buL ontinued to conduct

unauthorized, non-official searches.

(b )(7)( c) (b)(3) CIAAct (b)(7)(c)

(b )(7)( d)

(b)(1) (b)(3) CIAAct (b)(3) NatSecAct (b)(7)(c)

This docwnent contains neither recommendations nOr conclusions of the Central rntelli"gence Agency, Office of Inspector General. It is the propertY of the CWOIG and neither the document nor its contents should be disseminated without prior IG authorization.

~ ~ (b)(3) N•ISooAct

6:gCRIH'/fW0l'ORN


I

C06299588 Approved for Release: 2015/05/05 C06299588 _________ --,

(b)( 1) (b)(3) CIAAct (b)(3) NatSecAct (b)(7)(c) (b )(7)( e)

(U) This matter was briefed telephonically to Assistant United States Attorney I (b )(6) I Eastern District of Virginia, on 3 January 2013, and received a verbal declination at the conclusion of the briefing.

..

fS/INF) On 16 2013 a PEB was held for (b )(3) C IAA1ct.----Y">T'..,---~--.--.--;,-c-;~-----,special Activities Staff, (b)(7)(c) c,

e PEB recommended tha L_~-,---_jbe separated from the (b)(3) CIAAct (b)(7)(c)

(b )(7)( c) Agency and0clearances revoked.

----

(6//NF) _L[ --;----

position with the Agency.

III. FINDINGS

- -(b)(;~-CI_AA_c_'tL-=--'-_jjresignedD (b)(7)(c) · (b)(7)(c)

SEEmf/NOFORN

(b)(1) (b)(3) CIAAct (b)(3) NatSecAct (b)(7)(c) (b )(7)( d) (b )(7)( e)

Page 2 of3


I

Approved for Release: 2015/05/05 CD6299588: __________ _

b )(7)( e)

;!OCRE'/ /l<!OFORN (b)(3) CIAAct (b)(7)(c)

tGf/~JP) OIG re-v:ievv~~L----,:::;=~Agency computer files OIG's review did not reveal any

additional'~I~o-r_m_a_ti~.o-n-o~f~inc--te-r-es-,t-. ---"

.{5//Nfi') ~!he case has been dedined for prosecution and (b)(3) CIAJ}cthas resigned0position. OIG w.ill defer to SAS to consider (b)(7)(c) · any further action. This matter is closed.

(b )(7)( c)

I

IV. REVIEW M (b )(3) C IAAct

Case Investigato 2/19/2013

Tr Approved by Supervis< (b)(3) CIAAct 2/19/2013

Page3 of3

SECRET/ /~JOf0R:1q

Approved for Release: 2015/05/05 CD6299588

I

col3299592 Approved for Release: 2015/05/05 C06299592-----~-------,

(b )(7)( a)

SECRE'f'/;'N6Ft5ftt4

Office of Inslctor General • Investigations Staff

I. Administrative Data

Case No.:

Investigator:

Date Received:

Date Assigned:

[(b)(3) CIAAct1 _

-~(b)(3) CIAAcL_

3 September 2012

J September _,_20,_,_,12,__ __

ll. Summary of Investigative Actions

Case Title:

Supervisor:

Review of Qui Tarn Allegations from DoD -----~(b)(3) CIAA~t

Date Opened: _:_19:_::_Se::.Pc:te:::m.::b:::e::r_:2:::0_:;12::_ _____ _

Case Type: Preliminary Investigation

I. Department of Justice (DoJ) Civil Litigation Division forwards to CIA Office of the Inspector General- Investigations Staff(OIG INV) '"courtesy copies'• of qui tam allegations against contractors with the Department of Defense (DoD). As many contractors with the DoD can also be contractors with the CIA, each allegation is evaluated for potential nexus with the CIA. If~ potential nexus exists, it is evaluated for further investigation and determination if a joint invesligatioO is to be pursued.

III. Fiodiogs

2. This matter was considered a proactive approach to identi tential civil false claims __ vtolati<J_ns (3 I U.S.C . .§ 3729) which rna_>: also affectthe CIA. (b)( 1)

[_ ·--~)(3) N•tS,cAd

. J..__From theop_ening of this proactive inquiryOIIegations from DoJ were reviewed.! (b )(1) ~ . (b)(3) NatSecAct L ____ .. ________ _(Ofthose contractors detennined to have contracts with the CIA, no information had be-en- uncoVered th3-i CIA is affected by the allegations in the corresponding qui tam.

4. This matter is being closed in favor of other more appropriate means of documenting the proactive activities from this initiative. Future review and research will be documented via MOIA. Should additional information be developed, INV may consider-reopening the matter or separate

INV-201 Pagt: ! or2

This document is controlled by the CIA/OIG and neither the document nor its contents should be disseminated without prior IG authorization.

(b )(3) NatSecAct

srco:;;:T//NG'F8RN

·-------- --


I

'"'" C06299592 Approved for Release: 2015/05/05 C06299592:--------'------,

'_; .. 5~CftEl'f//W~FO~N

Case Closing Memo.J!Pdwn · • investigation if future qui tam allegations under this proactive initiative with a potential CIA nexus are determined. ·

IV. Review and Approval

Case Closing Memo submitted by Investigator to Supervisor:

Case Closing Memo approved by Supervisor:

(b)(3) CIAAft -:l. .. ""'-- \"'3. ·---~~_,_,~---

(Sign I Date)

_SECRS'P//NOfOFffi"

INV-201 Page 2 of2

I Approved for Release: 20 15/05/':J05"-.':C:."O':J62~9"'9"'5'-'9'!'2'-------------'----


Tsv4cRET I L__ _______ _____..J (b )(1)

Office oflnspector General (b )(3) NatSecAct

InvestigationsSbdf

Case Closing Memorandum

(b )(3) CIAAct Classified Information Leaked to

Case No.:

Investigator:

CaseTitle: C \Army Officials (b)(3) NatSec:P;ct

Supervisor: ~ I (b)(3) CIAAct

Date Received: !OJuly 2013 Date Opened: --'l,_,l;J,ul,_y=:20:c:l.=.3 ______ _

Date Assigned: _l'-'l.o:J.=ul:.cY..=20;:.;1,3 ____ _ Case Type: Preliminary Investigation

II. Summary of Investigative Actions (b)(3) CIAAct I. (U//Fel:le) On 10 July 2013J (b )(7)( d)-- ---------,

I . __ J sent a LOtus Note nottfymg tliis office of a possible leak of ~;;~~rArt classified information. The Lotus Note references aCintelligence report[ I (b )(3) CIAAct

(b)(3)CIAAct 2. (U//F91:te10nliJuly2013,atthedirectionofSAci -- -]SA (b)(3) I and ASAC I \met with c=]who was unable to provide additional information.L I C IAAct does not work on any matter related to the information provided in thec:::Jreport, nor is any of the (b )(3)(b )(7)( d)!\ct reported subject matter inOarea of expertiseOstatedD jas sil!!JJJ concerned by the implication of 1 (b )(7)( d) a highly placed US official leaking classified information to the Army and wanted to make sure (b )(7)(d) the report was forwarded to the appropriate investigative authority. (b )(3) J

(b)(1) NatSecAct (b)(3) CIAAct

-----o----!\found the identical report referenced in\ L _ __,ji.<ltus Note. The (b )(3) NatSecAct distribution list for the report includes the Justice Department. (b)(7)(e)

(b)(3) CIAAct IIL Findings (b )(7)( d)

(b)(1) =-=_j-(b)(3) CIAAct--

4'-'--' --'=

(b )(3) NatSecAct (b) (7) (d) I _{Fiirther, the Justice Department, which would be the (b )(7)( e) appropriate investigative authority in this matter, was included on the report's distribution list. Therefore,

this matter is being closed. Should additional information be developed, INV may consider reopening the investigation.

INV-201 Pagel of2

This document is controlled by the CWOIG and neither the document nor its contents should be disseminated without prior IG authorization.

(b)(3) NatSecAct

'-----------...L:-;;--r=='-----(b)(1) ' T~»CRET/ L__ ___ (b)(3) NatSecAct


I

Approved for Release: 2015/05/05 C06299595•-------------~

• T~CRET/ (b)(1) Case ClosingMemorm • ..tum L_ ________ _j (b)(3) NatSecAct


Case Closing Memo submitted by Investigator to ,----'------, Supervisor: · (b)i(3) CIAAct I 0"1-lr=t{z.A:>,

· tSig1J/ Date)

Case Closing Memo approved by Supervisor: (b)(3) CIAAct L__ . (Sign! Date)

TOP~RET/ L ____ ,(b)(1) I 7 · (b)(3) NatSecAct


INV-201 Page2of2

I


S~ORN

Office of Inspector General Investigations Staff



Case No.:

(U//Fffiffi) Alleged Misuse of Agency Credential by Former[jtill7)( c) Officer · Case Title:

Investigator: Supervisor: ~ (b)(3) C1

1AAct

Date Received: 18 March 2013 Date Opened: 18 March 2013

Date Assigned: 18 March 2013 Case Type: Preliminary Investigation

<

II. Summary of Investigative Actions (b)(3) CIAAct

I. i€T On 8 March 2013, the CIA Counterintelligence Center (CIC), (b) ( 3) C !Met] notified the Office of Inspector General (OIG), via Lotus Note, that the'-;U~0S;-;Doo-e-partm---:--en--ct-of--~~

Homeland Security, US Immigration and Customs Enforcement, Homeland Security Investigations (HSJ;), (b )(7)( c) located in Indianapolis, Indiana, intercepted $185,070 in cash that was being sent via FedEx from South

Carolina to California.' Therecipientofthecash W\ISL_m m m_]afonner[u ... .. ~ (b )(3) CIAActr---loffi=. HSI is seeking to determine if the cash is connected to an illegal activity. --HSI reported (b)(7)(c) ~told HSI[]was receiving the cash from for al . !company.

· HSI further reported that, in an attempt to reclaim the cash that HSI confiscatedl !attorney sent HSI scanned copies ofj ~IC::]Special Agent (SA) badge and credential, and a CIA Earnings

( b )(3) CIAAct and Leave (E&L) statement. HSI reported that it considered this to be an administrative matter. (b )(7)( c) Clct::=Jadvised OIG thac=Jwas a person of interest regarding the source of the cash and that (b )(3) CIAAct ~~~was jkin, any background inf~nnation2onc=Jthat OIG could provide regarding a separate

mvesuganon of thatOIG completed m 2012. (b)(3) CIAAct

(b )(3) · CIAAct

(b )(7)( c)

(b)(7)(c)

(b)(7)(c)

(b)(3) CIAAct (b)(7)(c)

(b)(7)(c) (b)(1)

;--------~---------______ (b)(3) CIAAct (b)(3) NatSecAct

2 -fEt_ · · · · M-as the subject of an OIG investigation'==~~~,c"' resulted in the convening of a Personn~?) ( 7 ) (C) EvaluanOnl!'oard on 27 June 2012. The PEB resulted m in terminated from the CIA on

(b)(3) CIAAct (b)(7)(c)

(b)(3) CIAAct INY-201

Page I of3

This document is controlled by the CWOIG and neither the document nor its contents should be

~-.;-,.;oc~b)(3) N•tS•oAct

SEC~OFORN



SE~ORN


(b)(3) CIAAct (b)(7)(c) (b)(3) CIAAct (b)(7)(c)

(b)(3) CIAA t 2. (U/H ... 'U()t On 18 March 2013. O!Gopened a preliminary investigation to determine the C circumstances surrounding apparent possessi~_andpossible misuse oQC~SA badge

(b )(7)( c) and credential. On 28 March 2013, OIG met with CI(,.L_jand provided an overview of OIG's earlier 1 investigation ofc:.:J On 8 Apri12013, OIG sei=t=}riginal two C~SA badges and one

(b)(3) CIAA t ~tial from the 0. S Badge Office and placed the items into evidence.' The Badge Office advised that C L______JSUrrendered the SA badges and credential to the Badge Office on 26 May 2011. On 2 May 2013,

(bl )(7)( c) OIG obtained copies of the CIA Special Agent Shield Acceptance Form and the Special Agent Credential Acceptance Form thatc::=:Jexecuted on 29. August 2007 when [lwas issued the badges and credential.

(b)(3) CIAAct (b)(7)(c)

I (b)(7)(c) I

(b)(3) CIAAct (b /(7)( c)

(b)(3) CIAAct (b )(7)( c) I

(b)(3) CIAAct (b)(7)(c)

I !

(b)(3) CIAAct (~)(7)(c)

3. (UJI.IdtlO) On 10 April 2013, OIG met with HSI in Indianapolis to discuss HSI's investigation. HSI advised that it intercepted, and confiscated, the shipment of cash totaling $185,070 at the Indianapolis International Airport, where HSI operates a counterdrug operation, after a specially trained ,jog sniffed the odor of narcotics on the pac. kag.e containing. the cas·h·. HSI was ~uendy_ contacted bL:.:Jwho identified as the shipper of the package. HSI advised L___jthaB would have to provide documentation regarding the source of the $185,070 because the method used to ship the cash made it appear that the cash had been illegally generated. Soon thereafter, an attorney, obtained by fl to assist in retrieving the cash, contacted HS! and emailed scanned black and white copies ofc=::JC~SA badge and credential, as well as dnee CIA E&L statements, to HSI for the purpose of substantiating earlier asSertion to HSI that~s a former employee of the CIA. HSI advisedc=:Jthat, in accordance with HSI policy, unlessl__jpetitioned the relevant court for return of the cash, the cash would be forfeited. HSI said it would not interview relevant individuals unlessc::==lpetitioned the court. HSI provided OIG with a copy of its investigative file, which DIG received on 19 April2013.

4. (UIH!:ffi9) On 7 May 2013, HSI advised DIG thatc=:Jsubsequendy filed a Seized Asset Claim Form requesting that the case be referred for federal court action. HSI advised that it will commence interviewing relevant individuals. HSI still considers the matter to be administrative and not a criminal proceeding.

Ul. Findings (b)(3) CIAAct (b)(7)(c) (b)(7)(c) (b)(7)(c) ·

(b)(3) CIAAct

(b )(7)( c)

(b)(3) CIAAct (b )(7)( c)

5. (U//Id8B)c::::::JsurrenderedL_lwo ciA[:_J SA badges and one credential before being terminated by the Agency. However, it appears that, before surrendering these items,c:::Jmade

(b)(3) CIAAct -----.----(b)(7)(c)·-----.-. -----20 November 2012 for nususe of a govemmcnLvemcie, voucher fraud, and accepting gtfts from a contractor. The De ent of Justice declined ution o~on 18 March 2011. · ent's Note: On 2 May 2013,

OS, advised OIG thatc=J t.,P"'EB""'di"d-cn-:-:ot:--res~ulcct i~n"th:c:eccre:ccvccoc:c:atl"·o:-cn--:o"l ~~~~"'learan==-=ce=s:-:an=d=acce=sses=beca==u=sec::re:C::vocation could not be supported by the applicable Intelligence Community (!C) Policy Guidance. In addition,! ______ ~dvised that Scattered Castles, the IC database containing the clearance and access status of individuals throughout the IC, reflects c=:J as being debriefed ofDlearance and accesses, but not thatc::::J was terminated from CIA. Furthennore, the database does not reflect an alert, referred to as "red flagged," that CIA should be contacted before any clearance and access action is undertaken by another IC agen,0'~ 3 (U//AW87 c:=:Jwas issued two identical CIAL_jSA badges and one credential with the same identification

. number. One badge was affixed to the credential holder and the other badge was affixed to a belt holder.

INV-201 Page 2of3


(b)(7)(c)

(b)(7)(c)

(b)(3) CIAAct (b)(7)(c)J \U}\1 )\<C

(b)(3) CIAAct (b)(7)(c)c) \" I\- I)

· (b)(7)(c)

(b)(3) CIAAct (b)(7)(c)

(b)(3) CIAAct (b )(7)( c)

(b)(3) CIAAct (b )(7)( c)

(b )(3) CIAAct (b)(7)(c) \DJ\0) CIAAct

(b)(3) CIAAct (b)(7)(c) I

(b)(7)(c)

I

co'15299679 Approved for Release: 2015/05/05 C06299679

CO~ENTIAL Office of Inspector General

Investigations Staff


I. Admlnis1rative Data

Case No.: ~) CIAAct ca..,Title: Counterleiting of CIA Credentials

Investigator: ~ )b)(3) CIAAct . :;uperv1sor: SAc[ j (b )(3) CIAAct

Date Received: 31 Ma~2013 Date Opened: 3 June 2013

Date Assigned: 3 June 2013 C~Type: Full Investi~on

n. Summary or Iuvestigative Actions

I. (U/II'Gl:le) On 6 Fe~rum;v 2013, the Naval.Criminal Inves. tlgative. Servi·ce· (N .. CIS) received information that a civiliant ]noB I m----- - lwas in possession of multiple forms of false government credentials. In March 2013, NCIS obtained a

(b )(6 ) search warrant through the Eastern Disbict of Virginia (ED VA), U~-~ltomey'_s_Qffice, ancl __ executed that warrant on the[ ~residence located at '---c-c---=-::-:c=-·=---:-:-c:-----'

'o--.----_J Pursuant to the search, NCIS seized two government badges, one NCIS Special Agent badge and one CIA Special Agent badge.

(b )(6)

(b )(6)

(b)(3) CIAAct ~On 31 May 2013, the Chief, Counterintellgence CenteE (b)(3

) CIAAct (Ciq ___ j10tified the Office of Inspector Genernl (OIG) of the NCIS activity pertaining to

(b )(6) OIG opened an investigation into the matter. OIG evaluated the authenticity of the CIA Special Agent badge seized by NCIS and, through coordination with the Office of Security and the Global Deployment Center (GDC), detennined the CIA badge seized by NCIS was not authentic. In addition to evaluating the authenticity of the badge, OIG investigated any ties

(b )(6) betweec:::Jand the CIA.

m. Findings

(b) ( 6) I. (U//FOI:JO) The OIG investigation deteqnined that the CIA Special Agent badge possessed byc::=Jwas not authentic but did represent a similar a~ce to the official CIA OIG Special Agent badge. The investigation also detennined thatL_jdid not have any official ties to the CIA. · (b )(6)

INV-201 Page I of2

This document is controlled by the CWOIG and neither the document nor itS contents should be disseminated without prior JG authorization. ·

(b)(3) NatSecAct -I Approved for Release: 2015/05/05 C06299679

" co6299679 Approved for Release: 2015/05/05 C06299679'-------------,

(b )(6)

(b)(6)

Case ClosingcMemorandum

(b )(6)

(U//-FOUO) On I July 2013, Special Assistant US Auornev (SAUSA)j (b)\6

)

L--__,~ EDV A, accepted tl>is case for prosecution. On the criminal infonnation was tiled citing two misdemeanor counts of violating 18 U.S. C. § 701 (False Federal Badge). On 6 September 2013,= pled guilty to two coums of possession of badges that were of(! colorabl.e imitation to those of the CIA Office of Inspector General and Naval Criminal Investigative Service. He was subsequently sentenced to six months of probation, a $300.00 fine, 25 hours of community service and a $20.00 special assessment.

3. (l.l/1~) (U) An Agency Request or Notification Memorandum (Al\NM) will be prepared for the D/OS for informational purposes.

4. (Uif~) Based upon the successfu.l prosecution <if the case by EDV A, OJG considers this ma.ner closed.

IV. Review and AJ>proval

Case Closing Memo submitted by Investigator to \ (b )(3) CIAAct

Superv~sor: . l:========rswrnwzc~_?_..s_c;_ .. ff:A:Jr)

Case Closing Memo approved by Supervisor: (b)(3) CIAAct . j)h." ,

Vr~'·?-at...3 L-/---c~-----n--,--n . .,, ~n1 vwe)

rNV-20! Page 2 of2


I

C06299683

{b)(3) CIAAct

(b)(7)(c)

(b)(7)(c)


SECRET/ /NOF91"H'l



Administrative Data

Ca1;;e No.:

Investigator:

[ sd

{b){3) CIAAct

(b)(3) CIAAct

Dale. Received: 23 August 2013

Case Title: "-Use of Gov ~-Order Steroids _

Supe-rvisor: (b){3) CIAAct ____ _ - --------------,

Date Opened: 2=-:3'-''--'\"-ug"-u=-:s.:.t-=2"-0"'13'--------

Date Assigned: 29 August 2013 Case Type: Prelill_li_~arv lnvesti_g_~''tb)( 1 )----H. Summary of Investigative Actions · '{b )(3) Na!SecAct

1. - - ·On i~~~~u?t 1~~~0flice ofl~~~:1~~Leral (OJG) Assistant Specia\~1~:~:~1 Charge (ASAC) evicwed titel llogfiles for During his review ASAC discovered that on 14 August 2013, JP addressC !ordered a product (b )(3) CIAAct called Var 10 fro On IS August 20 I 3, the same IP address ordered a product called AnVar 10 from Review ofrhe IP address demonstrated its association with (b)(1)

'------------------------------~(b)(3) CIAAct

2. (U/,'!OOUOj On 23 August 2013, the OJG initiated a preliminary investigation (PI) into tht' martcr. During the course of the PI the reporting agent reviewed the wehsites and the specific items ordered. The websites identify on the homcpage of each that the- s.ites "are offering this very strong alternative to the highly toxic drug listed at the top of the page." identifies Var 10 as associated with the drug oxantrione. A review of the ingredient label for AnVar 10 demonstrated the ingredients as primarily arginine hydrochloride (HCL), multiple- amino acids, and vitamjn B-6.

III. Findings

(b )(3) Na!SecAct {b)(7){c)

(b )(7)( c)

3. (U/trOUO) The OIG Investigation determined that the products ordered by IP address (b )(3) CIAAct I were not schedule Ill controlled substances. Neither the produeLs nor their ingredients are __

listed in 21 USC§ 802(41)(A) Definitions for steroid associated controlled substances. The investigation also notes that the sites identify that these substance,s <.Ire not "drugs'' and arc alternatives to actual steroids. This matter is considered closed by OIG.


{b)(3) CIAAct Case Closing Memo submitted by liwestigator 1J Supervisor: [

c__ _______ ------.0?:il8)i I JAm

Case Closing Memo approved by Supervisor: (b)(3) CIAAct

INV-201 Page I of l

Thi~ drn:ument is controlled by the ClA/OIG and neither the documem nor i.ts content!-! should be disseminated without rior rG authorization.

{b)(3) NatSecAct -l L______ ____ _j

5ECRE'7P/ '::;OFORH

L~----------------------------------~ Approved for Release: 2015/05/05 C06299683

CO'b299684 Approved for Release: 2015/05/05 C06299684


(b)(3) CIAAct



Case No.: Ll ----,----"'~(~b"")(='3)~C_I_AAct:ase Title:

Investigator: sAl I Supervisor:

Date Received: 16 June 2010 Date Openoo: 16 June 2010 ~~~~-----------

Date Assigned: 9 October 2012 Case Type: Fl

II. Summary of Investigative Actions (b)(1) (b)(1) (b)(3) NatSecAct I. ~n 14 June 2010 the Naval Criminal Investigative Service (NCIS) notified (b)(3) NatSecAct (b)(7)(d) the CIA ofal_____ I referral NCIS received, which alleged

(b)( 1

) ;~~~~ei;~~~~:~:':~v~y re~~n~~;~~~r~~L_--_-_----=--ITh-oe"'_ r~_ eccfe_rro-cac-J-in~-~-_lu_d~ed_a_J)a~rt-i~al_, _jald i~ ;g; (b )(3) NatSecAct I which alleged misconduct by an Agency officer. OIG initiated an investigation on 16 NatSecAct (b)(?)(d) ,J_un_e_2_0t_o. ___________________ ~ __ _._(b--i)(7)(d)

(b)( 1) (b)(3) NatSecAct (b)(7)(c) (b )(7)( d)

INV-.0 Page I of3

This document is controlled by the CIA/OJG and neither the document nor its contents should be

I -''"'m<•w<"~";:~:;·~~~~=:'""

S~T[_~NO~N (b )(3) f\JatSecAct


.

C0'6299684 . -Approved for Release: 2015/05/05 C06299684.

(b)( 1)

(b )(3) NatSecAct ·

S~ N~N Case Closing Memorandum


4. (UI/ffit10/ On 24 June 2010, OIG referred this matterto the Department of Justice (DOl) Human Rights and Special Prosecutions Section (HRSP). HRSP declined prosecution of this matter on 3 August 2012, and OIG continued an administrative investigation to determine if Agency policies were violated regarding the alleged incidents.

III. Findings

(b)(1) (b)(3) CIAAct (b)(3) NatSecAct (b )(7)( c)

\

9. {Sflfl The 'investigation by OIG did not uncover any evidence to substantiate thL(b )(7)( d) allegations tha. lor any other Agency staff or contractor employee, violated the rules of engagement or otherwise unlawfully killed anyone during the assault operations examined during the course of this investigation.

(b)(3) CIAAct {b)(3) NatSecAct:--------------------------:::,N;:-v;-:.2~01 (b)(7)(c) Page2of3

~T~ fN~N ~-~

(b )(3) NatSecAct I .... -·---· .. --.. ----~----.. ---·-----~


C0'5299684 Approved for Release: 2015/05/05 C06299684

(b )(3) NatSecAct

s~ErL_~NO~N


10. (UI~) An Action Request or Notification Memorandum (ARNM) will be submitted to the Executive Director, and the Director of the National Clandestine Service with no response required. The matter is considered cl~ed by OIG.



,Case Closing Memo approved by Supervisor:

(b)(3) CIAA1t

I JL(;JJ\l~J-~====:::Jc=====--"-"'rlgn I Date)

(b)(3) CIAAol., II( 4/~~.)o; J L__jl"cv-~~-.f/~,-J'."'""'"ISVTTJQI

" (/)

INV-201 Page 3 of3

(b)(3) NaiSecAci


I

, coo299685

S~TJ J~RN • Office of Inspector General •

Investigations Staff


----(b)(1)1 ____ _


Case No.:

Investigator;

Date Received:

L'(b~)~(3_:_) ~C---ciAAc-'c~t:::-::-_, __ _ (b)(3) CIAAct

- -------------------------------

16 October 2013

Date Assigned: 16 Octobe~r~20~13:__ __ _

(b)(3) CIAAct (b)(7)(c)

Case Title:

Supervisor:

Date Opened: 22 October 2013


(b)(1) (b)(3) CIAAct

II. Summary of Investigative Actions~ _______________ (b )(3) NatSecAct

I. (Sm!F) On 15 October2013, thec__~=~--~---c--o-~~---,:--c--:--(b)(7)(c) (b)( 1) I ____ ]notified the Office of Inspector General (OIG) about an alleged physical abuse involving (b )(7)( d) (b)(3) NatSecActdetaineej I · _

(b)(1) (b)(3) CIAAct (b )(3) NatSecAct (b)(7)(c) (b )(7)( d)

Pagelof3

1 -This document is controlled by the CWOIG and neither the document nor its contents should be disseminated without prior IG authorization.

(b )(3) NatSecAct

S~ET[

L (b)(3) NatSecAct -------------------------


. C06·299685 Approved for Release: 2015/05/05 C06299685

• (b)(1) (b)(3) CIAAct (b)(3) NatSecAct (b)(7)(c) (b )(7)( d)

S~ETI f~ (b)(3) NatSecAct ·


INV-201 Page 2 of3

I

. C08299685 __ _ · Approved for Release: 2015/05/05 C06299685 I

.

(b)(7)(c)

{b )(3) NatSecAct

I S~ET[ ___ /No_;;¢N • ~~~g~ CIAAct

~C~as~e~C~lo~s~in':lgz..:M=e:::m:::o~r=~d~um~------------------·{b )(3) NatSecAct

III. Findings

10. ~The infonnation obtained during the course of this investigation did not substantiate any misconduct or ph~al abuse by CIA officers. During an interview with OIG.c=Jclari,fied, cOrrecteQ

1.

or recanted all ofL __ _I rior admissions related t know led e of physical abuse of detainees. r---(b)(1) (b)(3) CIAAct (b )(3) NatSecAct (b)(7)(c) (b )(7)( d)

(b)(1) (b)(3) CIAAct

(b)(7)(c) (b )(7)( d)

(b )(7){ c) (b )(7){ d)

{b )(3) NatSecAct L_-------------------(b)(7)(c)

12. (U//.A.II:l6) An Action Request or Notification Memorandum (ARNM) will be forwarded to the Director of National Clandestine Service and to the Director of the Counterterrorism Center for informational purposes.

13. (U/I'I'ffl::!e) This matter is considered closed by OIG.



Case Closing Memo approved by Supervisor:

(b)(3) CIAAct

~RETc=-JNo~ (b)(3) NatSecAct


!NV-201 Page 3 of3

I


MEMORANDUM FOR:

FROM:

SUBJECT:

,(b)(3) CIAActl DIR/OIG-L_ _ 2 5 ·Apr ill..,-2"0'14,------

Director of the National Clandestine Service Chief Information Officer Director of Security

r--(b)(3) CIAAct

'Asslstant Insbector General for Investigations

(3//!IF) Alleged Abuse and Misconduct by CIA Offic_E!l' Invo)yJng Domestic Help I I

(b)(3) CIAAct

(b)(1) (b )(3) NatSecAct

l(b)(7)(d) 1. (5 '/11£1 On 25 MarcJ1 2013, ':-:.-=ocr~:c=,-;::,--~-(b)(?)(d) (b)(1) 1,. =~~=--==~,--=""---;cLC"""o=c::"J notified the Offl;:c. c::.:e:....=o.:cf~~~- (b)(3) CIAAct (b)(1) Inspector General (OIG) that A enc staff em lo ee

(b)(3) NatSecAct (b)(3 ) 1 (b)(7)(c) officer may be _m;i.streat_ioo NatSecAc

1 domestlc help [ by not paying adequate (b)(7)(c) (b)(1) wages, forcing long work. ours, an making threats to have (DJ\<5)

family members, who reside in I I kiY:dld Addi.tionall.v.. N. atS.e,.c,A,.c,t(c) (b)(3) NatSecAclthe L.::::=J alleged that I I spouse, -abused illegal drugs and also abused their c l ren. That I

(b)(1) investigation is now complete, and this matter is being referred (b)(1) to you for information only. (b)(3) CIAAct (b)(3) CIAAct

(b)(3) NatSecAct 2 ''r _:((-ES't/'-f_/:!!lifF:l:_) ___:Tl')h}.Eel__(:O)]:I_(;G___iin[l'VI[Eel_!s>Jtji,_gg@a_l;_t~ed;UtUhui~s;__aal_l.:Lle~a:r;a>Jt~i.!:ownLQ_t, (b)(7)(c) / chHsi ab~

I

I

the 0 f f l ce o f'---.,Mc;;e"'dlo:c· coo:a"l,---cS.-;:ec;::r:o;v'i :::Cce;::cs;:;-("'O"'M"'sT) ----;::co;::cn"'t"'r"i"b;;;u--;::t~e::<d-ct>e:o~t'>h~e~ investigation with interviews and medical support, and family assessments.

3. (8_//U_et_

(b )(3) NatSecAct

(b)( 1) (b)(3) CIAAct (b)(3) NatSecAct (b)(7)(c)

SECR~FORN


(b)(3) NatSecAc

(t(b~'hl (b )(3) CIAAct (b)(3) NatSecAct (b )(7)( c)

I

C06299687

SUBJECT:

(b)(1)


SEC~ORN

{~//!IF) Alleged Abuse and· Misconduct by CIA Ofti<:;_ez; Involving Domestic Help I ~


(b)(1) (b)(3) CIAAct , (b )(3) NatSecAct

(b)(3) CIAAct . ~I ~-=~~~-~--=>~~..,..-,-~=-,-------~~----.--c~-----c,----_j b) N S At . In the absence of additional leads or information,·the

( (3) at ec C alleged child abuse investigation is closed. (b)(7)(c) (b )(7)( c)

(b)(7)(c)

I 4. 15/~ Jeparately, there was an allegation by · the I (b)(7)(cl was mistreating [__]by not paying

(b)(1) adequate wa"""'• d.lrc1ng long work ho_y_r_s~---.a making threats to (b)(3) NatSecActhave family members, who reside in During a

1 joint OIG I I interview of , admitted paying

(b)(

1) the $470 per month instead of the required $1,000 per terms of

the ,cmu.rfct; however, denied that I I made threats to (b)(3) CIAAct the ~ family or that used illegal drugs. (b)(3) NatSecActSeparatel , a joint OIG interview was con'ducted of

(b)(7)(c) I and c::=J admitted qaying only·----$-400~ month to th ___ e __ Additionally,l J admitted th<>t L__Juses mari ·_llana _

and that some marijuana was present in L_] home but that ________ ]

B had no knowledge of the il:J&gal drug use py J until recently informed D thatl~ used marijuana. On 27

September 2013, the Department of Justice declined prosecution (b)(1) pertaining to the alleged human trafficking allegations. (b)(3) NatSecAct

5. (U/ /-ffllffi) This Office considers the matter closed and plans to take no ·further action. This information is provided to you for informational purposes. No response is required. The OIG point of contact is Special Agent L---~~~

(b)(7)(c) I _ j. This information is also being provided to the D1rector of Office of Medical Services for informational purposes.

6. (U/ /+effe) This Memorandum contains information protected by the Privacy Act. You should consult with the Office of General Counsel prior to further dissemination to ensure compliance with the Privacy Act.

(b)(1) (b)(3) CIAAct (b)(3)

(tNatSecAct (t(b )(7)( c)j NatSecAc (b)( 1 ) (b )(3) NatSecAct

\ ,, 1\

(b)(1) (b)(3) CIAAct (b )(3) NatSecAct (b)(7)(c)

(b)(3) CIAAct

Signec!byj c L__---,- (b)(3) CIAAct

cc: D/OMS

2

SEC~OFORN


I

coo299687 Approved for Release: 2015/05/05 C06299687------------

SUBJECT: (3//NE) Alleged Abuse and Misconduct by CIA Officer Involving Domestic Help 1 I

(b)(3) CIAAct= (08 April 14)

Distribution: Orig - DNCS

1 - CIO 1 - D/OS 1 - D/OMS

·1 - AIG/INV 1 - CIO/FO/Review 1 - NCS Secretariat 1 - EA/D/OS 1 - DIR-OIG-INV-SAs 1 - DAIG/INV 1 - DIR/OIG/INV 1 - DIR/OIG/INV

3

SEC~FORN


(b)( 1) (b)(3) CIAAct (b)(3) NatSecAct

I

C06299688 Approved for Release: 2015/05/05 C06299688:------------

CONF~OFORN

,--(b)(3) CIAAct DIR/OIG1____ 2 5 AprilL---.,2"0'1"4 --------"

MEMORANDUM FOR: Director of Security ~(b)(3) CIAAc

1

t. FROM: L .

SUBJECT:

Assistant Inspector General for Investigations

+C//llf~ Allegation of Misconduct by Poiygraph Examiner L(b)(3) CIAAct]

1. (C/1 NE J On 21 October 2013, the OIG commenced an investigation relating to an allegation of misconduct by a

(b)(1) polygraph examiner. That investigation is now complete, and

\

(b)(1) (b )(3) CIAAct (b )(3) NatSecAct (b)(7)(c)

(b)(3) CIAAct this matter is being referred to you for information only. (b)(3) CIAAct

(b)(3) NatSecAct 2 !E, '!iF~ Th 0 , . .~ · · d t · d h (b)(?)( ) . _, >: e IG ~ >nves_,_!_o_a_tio.n, e ermlne t at

C polygraph examlner . J repeatedly used techniques that vi ~ ]' s policies and

. guidelines. __ ... . .. .. . admitted to usin'il iJ~rop~r techniques in an effort to lqn~iaht . performance w1th

1 supervisors. I I claimed that two of supervisors (b)(1) were aware of and approved of these techn1ques; however, there (b)(3) CIAAcl was no e;ridence to. substantiate supervisor approval of the (b)(3 ) NatSecActmauthonzed techmques.

(b)(7)(c) 3. (U/f'eYG.) This matter was referred to the Department of Justice (DOJ) for criminal prosecution. DOJ declined criminal prosecution in lieu of administrative action by the Agency. This Office considers the matter closed and plans to take no further action. This information is provided to you for informational purposes. No response is required. The QI§_point of contact is Special Agent _ _j· ·

4. (U) This Memorandum may contain information protected by the Privacy Act. You should con~ult with the Office of General Counsel prior to further dissemination to ensure compliance with the Privacy Act.

(b)(3) NatSecAct


I (b)(7)(c)

(b)(3) CIAAct

(b)(7)(c)

(b)(3) CIAAct

I


)

CONFIDE~OFORN

SUBJECT: (C//NF) Allegation of Misconduct by Polygraph Examiner c=(b)(3) CiAAd

Signed bvl

2

CONFIDE~NOFORN


(b)(3) CIAAct-

I

C06299688 Approved for Release: 2015/05/05 C06299688:-------------

SUBJECT: (G//!IP) Allegation of Misconduct by Polygraph Examiner L(b)(3) CIAActJ

(b)(3JCIAAct ----- I (17 April 14) L_----------------~~----------~

Distribution: Orig - D/OS

1 AIG/INV 1 DS/OS FO Special Assistants 1 DAIG/INV 1 Counsel to the Inspector General l DIR-OIG-RA !NV Review 1 DIR-OIG-INV-SAs

3

CONFID~OFORN


I

• C0€303044 Approved for Release: 2015/05/05 C06303044

COUFIBBU':FI:hb

Office of Inspector .General Investigations Staff


I. Ollice of Jnsvector General (OIG) Administrative Data

(b)(3) CIAAct Alleged Misconduct by Polygraph

Case No.: (b)(3) CIAAct Investigator:

Case Title: Examiner ·'

Supervisor: ~S_A_d'--_--'(c:cb )'-'-( 3=-")-'C=-ciAA'-'--'c""t __

Date Received: 21 October 2013

Date Assigned: 5 November 2013

U. Summary of Investigative Actions

·Date Opened: 21 October 2013


(b)( 1 ) ~==- ... _l. -t€7 On 21 October 2013, _the Office of Security's Personnel Security Group[Jb)(3 )UCiAAct

(b)(

3) CIAA

1_ hotified the Q®:c-oflnsnek~eral (OIG) ofall:ed misconduct by polygraph exanu-·ner

c I L(b )(3)CIAActalleged thatj ~ad deviated from acceptable lb )( 1) (b)(3) Na!Sec~Cllygrapbprocedures,whichresultedinabreachofprofessto responsibility. L(b)(3) CIAActl (b)(3 ) CIAAct (b )(7)( c) discovered the allegations after an applicant challenged a statement from a polygrnph report, which (b)(

3)

disqualifiedtlle applicant from CIA employment. Upon notification by I (b) (3) C IAAct (b )(3) CIAA~t> J_ (3) CIAAct-----1initiated a review of the applicant's jlygraph examination conducted by Na!SecAct

· L____jThe intemaJL____)-eview determined that I __ final report on the_ 'I"':_ I_ i_ c_ ant ';'BS-inaccnrate. (b) (7 )(c)

(b )(3) CIAAct (,or_ ........ "" "'"'"' • "" """"'"""'" 0 - 1- - - -~ (b )(j)

(b)(1) · - ____ / (b)(3) CIAAct (b )(3) C IAAct \ Based upon these conclusions, the matter was referrl'd to OIG by the Office of (b )(3 ) (b )(3 ) NatSecA~furity and a Personnel Evaluation Board (PEB) was convened fo~ I NatSecAct

(b )(7)( c) 2. ~ 21 October 2013_,_QIG initiated a preliminary investigation on the matter. (b )(7)( C~) ~- -- --- ~rovided OIG investigators with several briefings, which \ u 1\

(b)( 1 ) ~ a baste compretlenston of the ~I aspects related to polygrnph exams.\ [also C IAAct (b)(3) CIAAct provided OIG with a summary of internal reviews conducted on\ polygra~_ll-""~, (b)(7)(c) (b )(3) NatSecAct !>;buttal to the PEB allega?ons. PEB briefing notes, and a review oftheL(b )(3) CIAAct (b )(3) (b)(7)(c) L(b)(3) CIAActasrelatedtotheallegauons). CIAAct

3. ~SeniorPolygraphExamin (b)(7)(c) (b )(3) CIAAct I were interviewed during this investigati011 jlenied claims by (b )(3) (b) (7 )(c) ~ ~ey had approved[:::Jimproper use of polygraph techniques. C IAAct

'-----,__ (b)(7)(c) (b)(3) CIAAct (b)(7 )(c)

---------------------,(b)(7)(c) INV~20l (b)(1) (b)(3) CIAAct Page I of2

(b )(3 ) NatSecA~.~s document is-controlled by the CWOIG and neither the document nor its contents should be (b) (7) (C) disseminated without prioriG authorization. ·

I_ (b )(3) NatSecAct


C06303044 Approved for Release: 2015/05/05 C06303044.

(b)( 1 ) Case Closing Memorandum (b)(3) CIAAct (b )(3) Na!SecAct 4. ~On30_QciQ!x;r_2QU,_aJ'~r.;Qnn_el Evaluatio:1n Bg!l[<l (PEB) c1:1nvened in relation t\1 the · (b )(7)( c) allegatiqns againstl ______ - - ::J presenteC(b )(3) CIAAcl' r~ ooard.

The PEB recqmmcnded terminatio:1n qf employment and revocat11:1n qf clearances tor~ The PEB was co:1nducted independently and separate fmm the OIG investigatio:1n.

III. Findings

(b)( 1 ) (b)(3) CIAAct (b)(3) Na!SecAct (b)(7)(c)

(b)( 1 ) (b)(3) CIAAct

,---~~~~~____,(b )(3) __ 6. -fETOn 28 February 2014, OIG co:1nducted im .in.terview with Na!SecAc!

5. (UIIf9-BO) On 18 February 2014, OIG referred this matter 11:1 the Department of Justice (DOJ), Eastern DistrictqfVirginia, US Attorney's Office (AUS~(b)(G)=:J DOJ declined pmsecution in lieu of administrative actiqn by the Agency.

(b)(1) . I }ulmittedtqrepeatedlyusingtechniquesthatviolatedl (b)(3) CIAAct liciesand (b)(7)(c)

(b)(3) CIAAct \ · · · (b 3 Na!SecAct. . . said useqfthese techmques wntnbuted t h1gh clo:1sure rate, (b)(1)

)( ) n.l~Cll::Juperv•sms v1ewe a' apo:1Sitlve. sa1dOwanted to recetve p<:1sttlve feedback (b)(3) CIAAc! (b )(7),{:3)(7)( c) fmnQupervisms and believed that these techniques allowed Ow stand out fmm the rest of the (b )(3)

pqlygraph examiners. reiterated many qfthe statements made in0rehuttal memorandum Na!SecAc! (b)(1) tothePEBallegatio:1ns. (b)(7)(c) (b)(7)(c) (b)(7)(c) (b)(7)(c) (b)(3) CIAAct . . · (b )(3) Na!SecAct . 7. (U/h"dUG) An Actiqn Request m No:1tification Memmandum (ARNM) will be forwarded to (b)(?)(c) mcD~rectorofSecunty. ·

IV. Reyiew and Approval

Case Clo:1sing Memo submitted by Investigatm tq Supervisor:

Case Closing Memo appmved by Supervis1:1r:

CQNFIBHli'fiA"ti

(b )(3) CIAAct

(b)(3) CIAAct


! .

'111'.1!1

.j() ~- .'/ {/

JNV-201 Page 2 of2

' C06303044

Case No.:

Investigator:

. Date of Activity:

Location:


Office oflnspector General Investigations Staff

Memorandum of Investigative Activity (MOIA)

[(b)(3) CIAAct __ _

(b)(3) CIAAc,_ __ II April 2014

Case Title:

Activity:

Alleged Misconduct by Polygraph Examiner

Source Review

Date Prepared: II April 2014

L(b)(3) CIAAct. _____________ _

MOIApreparedby: (b)(3) CIAAc'---,---------'--------

I. Jl!lnttt;S-) On this date, I completed a source review of the case closing memo for OIG Case (b)(3) CIAAclJ .

(b)(3) CIAAdestigator

(b)(3) CIAAct il OpJ !t/

INY-100 Page I of I

This document is controlled by the CIA/OIG and neither the document nor its contents should be disseminated without prior iG authorization.

Approved for Release: 2015/05_/0_5-=.C.::.06.::.3::.c0:.:3:..::0..:4..:.4 ___________ .,--

C 0.-6_2_9_9_5_8_6 _ ________ Approved for Rei~~~:~§Jg~ffi C06299586

( SE~RN




(U) Former Agency Officer Alleges Case Title: Retaliation Case No.: ~b)(3) CIAAct j

~, ====~-----------------

Investigator: l(b)(3) CIAAct _ __ _ Supervisor: (b)(3) C IAAct I ___ I -------------

Date Received: 09/26/2011 ----~-------------

Date Opened: _0:...:9..:...:/2=-=6..:...:/2:...:0....:..1..::....1 ---------------

Date Assigned: 09/26/2011 Case Type: ......::F~1--------(b)(3) C IAAct

(b)(6) . i II. Summary oflnvestigative Actions (b)(3) CIAAct

(b)(7)(c) '

(b)(1) 1. ~ On j --- - - (b)(6 ) ~ former Agency Staffofficer(b)(1) (b)(3) CIAAct serv~dfro~. . . (b)(7)(c)~allegedthattheAgencyt~ok (b)(3) CIAAct (b)(3 ) NatSecACfpns~ls agamst ~tm for compla~nts he made to the Office of Inspector Generai(OIG) regardmg (b)(3) NatSecAct (b )(

6) .. nancml corruptiOn and other mtsconduct ==:J Froml_ ser:ed a{b )(6)

I (b)(3) CIAAct . j Accordmgto(b)(7 )(a) (b),(7)(c) [==: (b)(6)__j letter, the retaliation against him included: an Agency claim that he owes th'(b)(

7)( )

· Govemmen1(b )(7 )( c)__jfor salary overpayments he received during his service as a mobilized I 1 C (b)( 1) Reserve offi~.;~ cs uuuormed Services Employment and ReemJili>.Y!llent Rights Act (USERRA) violation (b )(3 ) CIAAct that occurred I jimproperly forced him to

(b)(

3) N tS A ·rke annual leave to perform his military service in Iraq; deliberate violations in 2010 ofhis rights under . (b )(6)

a ec C::.:-.e Privacy Act; and, after his resignation from the Agency j J the Agency's delay in (b )(6) (b )(7)( c) (b )(6) tr~nsferring his securi~ clearances to his curre~t emplo~er, refus~l to ~o~plete a time~y. review of his (b )(7)( c) (b )(7)( C) wtfe's resume, and fat lure to transfer accurate mformatton regardtn!! hts hfe, health, vtston, and dental

(~)(3) CIAA t insurance to his currentemployer.[-~also explaird in his J(b)(6) letter that he had filed in c the United States District Court, District of Columbia, _ (b )(7)( c)

(b )(6) · administrative claim against the Agency. Pomplaint alleged the Agency committed (b)(7)(c) , deliberate violations of his rights under the Privacy Act.

I (b)(6) (b)(7)(c)

2. ~ In September 20 II, OIG initiated investigations to determine whetherC~ new claims in his [ ]letter constituted acts of reprisal for his ~rotected communications to OIG and whether he was the victim of a USERRA violation.1

1 I protected communications began

1 (U//~ OIG investigated separately the possible USERRA violation and whether an Agency claim[_ ~~ ~~~ ~( ~) for salary overpayments[==:Jreceived while serving as a mobilized Reserve officer was tied to the "'··-0 --

USERRA violation. The results of the investi ation are re orted in case (b)(3) CIAAct __________ _ INV-201

(b )(6) Page l of3 (b)(7)(c)

(b)(3) CIAAct (b)(6) (b)(7)(c) (U) This document is controlled by the CIA/OIG and neither the document nor its contents should be

disseminated without prior IG authorization. .

(b)(3) NatSecAct

SE~ORN·

Approved for Rel~l1<8SI~ C06299586

(b)(3) CIAAct (b)(6)

(b )!(b )(7)( c).Ct (b)(6) (b)(7)(c)

(b)(3) C IAAct (b)(6) (b)(7)(c)

C06299586 Approved for Rel~!i~:~~Jbeffi C06299586 ___ _____ _ , (b)(1)

1 SECRfl'itt~ePem<: (b)(3) CIAAct

Case Closing Memorandum (b )(3) NatSecAct

(b)(6)- . , _(b)(6) -in \ (b)f7 )(lc)drelatedpr_imarilyt?claimsthat \ . (b)(7)(c) J ad haras""u \ulu dftd engaged m financaal and otherwrongdOIJ'I~ tn~ ~ OIG considered (b)(3) CIAAct these issues of possible wrongdoing in other cases? [ ijn hl( b)( 3) C IAAct again accused (b)(

6)

(b)(3) CIAAc(] ofretaliatory acts against him,[ _ _ (b)(6)- 1 Consequently, OIG (b)(6) ~nsidered whether-- [might have suffered retaliation froiD[ (b)(

7)(c)- _ _ ~ (b)(7)(c)

(b)(7 )(c)l _j (b)(3) CIAAct . - -, ~(b)(3) CIAAct

3. ~ OIG obtamed and examine<\_ (b)(6)_ 1e-mail mes~ges and the 1

(b)(3 ) C IAAct [(b)(3) CIAAct~essages of his supervisor and (b)(7)(c)(b)(3) CIAAct during

(b)(

6) the period\_(b)(3) CIAAct reviewedc= Performance Appraisal Report~ securitv file. and (b)(1)

Official Personnetl'older. OIG obtained and reyiewe_q c-= (b )(7)( e)_ _ ~essage · (b)(7)(c) and debt calculations\ (b)(3) CIAAct _ j In addition, OIG obtained and reviewed (b)(3) CIAAct I

(b )(3) CIAAct 1_ !time and attendanCe records from the _eeriods when he was performing his military service. (b )(3) NatSecAct

(b)(6) OIGinterviewed ! -- _ (b)(1)- --=:] oiGalsoconsultedwi1(b)(6) (b)(7)(c) a legal expert on ~ower reprisals. (b)(3 ) CIAAct . (b)(7)(c)

(b)(3) NatSecAct m. Findings (b )(6)

c (b)(7)(c) (b)(3) IAAct 4 . . (U/~) OIG did not substantiate[ _ !allegations of reprisals. (b)(6) Regarding[ J USERRA claim, which OIG considered separately[ (b)(3) CIAAct~OIG did (b )(7)( c) not determine that Agency officers committed USERRA violations against[ _j md found no

1 evidence that an Age~cy claim for [ ·n salary overpaymentst==]received during his

(b )(6

) service as a mobilize \Reserve officer was connected to the alleged USERRA violation or (b)(7 )(c) inappropriately calculated. The lack of substantiation for matters (b)(3) CIAActjrenders of no (b )(3) C IAAct practical significance [ _ ~etaliation claims related to .USERRA and Agency debt repayment

(b)(3) CIAAct (b)(6) (b)(7)(c)

(b)(6) (b)(7)(c)

(b )(6) demands. In July 2012:-c=:::Jsettled his[ j claim against the Agency, and so OIG did not, as part . (b)(7)( c) of this matter, consider whether Privacy Act violations occurred againstl ~s reprisals. Regarding (b )(3) CIAAct ' (b )(3 ) CIAAct other, new allegations c=Jincluded in his _j letter, OIG did not find that reviewable (b )(6)

(b)(

6) personnel actions, as defmed in Agency guidance or guidance found in Presidential Policy (b)(7)(c)

Directive/PPD-19, were present to warrant a complete investigation. Specifically, OIG found that the ' (b )(7)( C) non-transfer of accurate information regarding life, health, vision, and dental insurance to I (b )(3) C IAAct

(b)(3) CIAAct · . (b)(3 ) CIAAct . . . (b)(6) (b)(6) 2~ 01Gconsadered(b)(6 ) [prevaouscomplamtsmthefollo\·(·b)-(3)--CIAA t (b)(!)(c) (b)(7)(c) _ c lD){d) GIAAct

•th\13) CIAActl~!?.}(JHc) _(b)(6) . .Jdealt..witl((b)(6)):1aimsofharassmentby l (b)(6)J (b)(3) CIAAc! _ (b)(7)(c) _ · . (b)(7)(c)c=Jhadfiledafornrb)f7)(ct (b)(6) . Equal Employment Opportunity (OEEO) harassment claim, OIG deferred to OEEO on the matt'b •. \ub (b) (

7) (C) OEEO inquiry rendered a false finding, meaning that harassment did not occur.

•(b)(3) C IAAcU Thiscase, C (b)(6 ) . elatedto£?ultipleallegationstha~[~adein a 14-page amended submissaon to Olt(b )(7)( C )gataons related to tssues of harassment~ dascnmmatton, and false reports/statements by[ . J also

(b )(3) C IAActted thatj jwas involved in financial imprQPrieties and other misconduct. OIG handled the case (b)(6) as a grievance, and the case closure,L(b)(6)~reported that: .

All elements of Complainant's. subl(b \(7)(c )C f~n_d to have been pre~iously a~dress~d by ~ther (b )(7)( c) · means, and no grievance was appropn&,c. vn~ addat10nal concern submitted dunng an mtervaew was

checked and found to be unfounded. The case was completed with that action.

3 ~ The Assistant Inspector General for Investigations detennined [ (b) ( 6) ~that this investigation will focus only on the alleged reprisals (b )(7)( c) fand the Agency cannot implement relative to him OIG recommendations suggesting disciplinary or ameliorative measures.

(b)(3) CIAAct (b)(6) (b)(7)(c) 5ECR£TN~~OF0~(

Approved for Re11:a41Si..1(85l~ C06299586

INV-201 Page 2 of 3

(b)(3) CIAAct (b)(6)

_ (b)((.~)(7)(c) (b)(3) CIAAct (b)(3) NatSecAct (b)(6) (b)(7)(c)

· co6299586 Approved for Rel~~~:~~}beffi C06299586·--------

. SE~ORN


. current employer and the Agency's delay of four months to transfer his security clearances to his current employer did not involve, as required in guidance:

(b)(3) CIAAct

A decision concerning pay, benefits, or awards, or concerning education or training if the · education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action ... [bold and italics added].

(b)(6) (b)(7)(c) Relative to \ _ __\claim that the Agency retaliated against him by refusing to complete a timely review

of his wife's resume, OlG also determined that the claim is not a reviewable personnel action, as the action allegedly occurred against \_ _ \wife, not against him.

(b)(3) CIAAct 5. (U/~ I - - --==:1rin b~ informed of the results ofthis (b)(

6) um:stigation and ofrelatedOIG investigation L (b)(3) CIAAct' matter is closed. ·

(b)(3) CIAAct (b)(6) (b)(7)(c)

(b)(7)(c) IV. Review and Approval


Case Closing Memo approved by SuperVisor:

j

L

l . (b)(3) CIAAct ) jPltJ ,/13

"{Slgiif Date)

---,

( b )(3) C IAAct.¥--rf.:w~j_f-1-,,;)....3' _ _ _ _ _ (Sigh Tliate)

J;NV-201 Page 3 of3

~ORN

Approved for Rel~i..1(S5J~ C0629958~'--------------

C06299597 Approved for Rel~~~:~~}o~ffi C06299597------~------.

SDCRB'f//UOPOR:!i

Office of Inspector Genera' Investigations Staff


· I. Administrative Data

(b)(3) CIAAct Unauthorized Disclosure of

Case No.: Case Title: Cla'isified (b)(3) CIAAct .

mvesugator: ~-=- _! -

~ = ..___ __ -=~~~====,====--------

Supervisor: SAcJ (b)(3,_) .::_c ;.:'IAA..:::_:_c.::..:t:__ _ _ _

Date Received: 17 October 20 12 Date Opened: l9 October 2012

Date Assigned: 19 October 2012 Case Type: Full Investigation

fl. Summary of Investigative Actions

1. "'(~//HF)- On 17 October 2012, the Office of Inspector General (OIG) received notification from the Office of Security (OS) that j (b)(6)_ ---== --::=_ --= ~ad found cla<>!'.ified material on personal hard drive seized from l(b )(7)l c);e of a former Agency contractor. The classitied data was(b )(6)b>l_ ~xaminers during tilt.:n analysis of the hard drive a<> part of an unrelated inv~tig~(b)(7)(c)~mo~y. The subject was identified as[_ _ _ _l a contractor

(b )(3) C IAAct Jwas terminated and his clearances (b )(6) ~~okeal - (b)(6 ) _j for misusing government systems related to the sexual exploitation of

(b)(3) CIAAct

- (b)(6) (b)(7)(c (b)(7)(c) children. (b)(7 )(c) . .

(3) CIAAct 6)

)(c)

2. ~.Vfci~ The OIG obtained a copy of the data from OS and rt.:vit.:wed it to confirm the classification. The OIG confirmed that document'i labeled "Top Secret" were present and contacted the Federdl Bureau of Investigation (FBI) to obtain a search warrant to review the computer eguioment_i_n__t.M custody [ _ ~ The OIG seized the equipmentL ~~ ~ L _ ~~ :=J The OIG referred the findings to the FBI and to the Counterintelligence Center (CIC), and supported their investigative efforts. The FBI and CIC stopped providing updates t(b )( 1 }IG

j jand have not requested assistance from the OIG since that date. (b )(3) CIAAct

111. Findings ' . (b)(3) NatSecAct , (b)(6) (b)(7)(c)

3. f~:@l~ 0~ (b )(7)( c)__] the OIG notified the Department of Justice of the t(b )(7)( e) classified material. On C__ ~the OIG formally referred the matter to the FBI. On! I L ~-Jthe OIG executed a search warrant for possession of child pornogr.t..l.'.!!Y_!o seize the (b )(6)

1

com ·=-~u;pment belonR;•• w[ J ,. w" ;n the""'""'';"" of lh<~:b )( 1

)~ j < b )(7)( c)

m•~·~r--- (b)(3) C IAAct - --t-= 4. ~ (b)(3) NatSecAct -==----'----"===---'==::...-.:__:===-(b )(7)( c )

(b)(7)(e) INV-201

Page I of J

This document is controlled by the CIA/OIG and neither the document nor its contents should be ,di£s.eminatcd_withou.Lnrior IG_authorization

(b)(3) NatSecAct

-SECRET I lbJQFOR:N

Approved for Rel~i..1<B51~ C06299597

C06299597 Approved for Rei~~~:~~J5~f:B C06299597

- - - - ---··-·---------------------------- ------------ ----······ ·-- ····-·

..._9ECPi:T/ /!i6PORN


(b)(3) CIAAct • (b )(6) (b)(7)(c)

[ ~personal laptop contained files with personal data including social security numbers, dates of birth, and clearances on t (b)(3) CIAAct~Agencv-affilialed.indi.Y.idu~ (b)(1)

1 I (b)(3) CIAAct I L ___________ _ (b)(3) NatSecAct

(b)(3) CIAAct • [--=- ___ _ __ (b)(?)(c) (b )(6) • Numerous technical document<; related to Agency systems were found onL]laptop. ·

(b)(3) (b)(?)( c) 5. ~5/Rlf) Based on the results ofthe initial review, OIG referred the matter to the C IAAct

Counterintelligence Center's - (b)(3) CIAAct_ =The CIC5- (b)(6) and the FBI began a joint counterintelligence investigation into[ [activitiesl __ (b )(7)( c)

I - - _j . 6. 'fflHNfi_ On l(b )(7)(c)_- ,he OIG turned over all of the evidence gathered to H·(-bco)(

1•)-:tt ·

the1r request. I ~ r== - (b)(1) (b)(3) CIAAct -(b)~3) N tSecAct - - (b)(3) NatSecAct

7. ~ Th(b)(Cl(C)ntified approximo..~ 1 ,..~,~ .......... ~uments present o..!!.l(b)(7)(e) personal systems, which were confirmed by a subject matter expert L _ (b )(3) C IAAct_ _ I [ _(b)(3) CIAAct ~dditionally, more than [..=limages allegedly containing child (b)(3) CIAAct pomogmphy were identified onl_jcomputers. ~}fZ)__{fl (b )(6)

(b)(1) (b)(7)(c) (b)(3) CIAAct (b)(3) NatSecAct (b)(6) (b)(7)(c) (b)(7)(e) (b)(3) CIAAct

(b)(6) _ __ (b)(7)(c)

9. fS#NfJ On [ ~leaded guilnj- (b)(3) CIAAct of possession of child pornography.[ j;as sentenced L _ (b)(6)_

[counts

b)(3) CIAAct_ and registration as a sex offender. (b)(7)(c) b)(6) - (b)(6)---, . b){7){ ) 10. ~ On [- (b )(7){ c)the Office of General Counsel notified the OIG that the FBI had

C executed a search warrant on1 JfeS'.dence and obtained an 8GB tlash drive[ __ ==.J [ ~The OGC advised that the FBI would be completing the forensic analysis of the flash drive and closing the case, pending the receipt of additional information. ·

II. ~lf4f7 The FBI ha<> ao;sumed the investigation a.'i the primary investigative agency and the OIG has not received any requests for additional support since March 2013. As a result of no further OIG investigative activity occurring and the FBI jurisdiction over the case, the OJG is closing this investigation. Should additional information be developed, the OIG may consider reopening the matter.

SECRET I /NOF9FMf

Approved for Rel~i..1<85J~ C06299597

INV-201 Page 2 of 3

(b)(3) CIAAct (b )(6) (b)(7)(c)

C06299597 --Approved for Rei~~~:~§Jgef:B C0629959l--- - --- ----.

~CRFT/ /14'0F URN



Case Closing Memo submitted by Investigator to Supervisor: (b)(3) CIAAct

-L_ ate)

Case Closing Memo approved by Supervisor: I (b)(3) CIAAc~~~~,} a.pJo:f

_ru;;CRET/ /N9P8R:l~

Approved for Rel~i2(851ffitiln C06299597

INV-201 Page 3 of 3

Jason Leopold

Reference: F-2015-00039 I 14-cv-19879

Dear Mr. Leopold:

Centrallntelligence Agency

Washington, D.C. 20505

6 August 2015

This letter is the fourth and final response to your 3 October 2014 Freedom of Information Act (FOIA) request for disclosure of the following UNCLASSIFIED' reports from the Central Intelligence Agency Office of Inspector General:

1. Former Agency Officer Alleges Retaliation for Protected Disclosures- ISSUE DATE MARCH 2013

2. Alleged Violation of CIA-Unique Post Employment Restrictions- ISSUE DATE FEBRUARY 2013

3. Misuse of Government Systems for Database Searches- ISSUE DATE FEBRUARY 2013

4. Agency Contractor Alleged Reprisal for Wbistleblowing- ISSUE DATE FEBRUARY 2013

5. Review of[redacted] Allegations from DOD- ISSUE DATEMA Y 2013

6. Alleged Retribution Against Alleged Wbistleblower- ISSUE DATE JUNE 2013

7. Alleged Classified Information Leaked to Foreigu Army Officials- ISSUE DATE JULY 2013

8. Misuse of Agency Credential by Former (b3) Staff Officer- ISSUE DATE AUGUST 2013

9. Unauthorized Disclosure of Classified Information- ISSUE DATE AUGUST 2013

10. Request for Whistleblower Protection by Former Interrogator- ISSUE DATE AUGUST 2013

11. Counterfeiting of CIA Credentials- ISSUE DATE SEPTEMBER 2013

1 Please note that these reports are not in fact UNCLASSIFIED.

12. Ethics Violations Involving Film Producers- ISSUE DATE SEPTEMBER 2013

13. Alleged Use of Government Systems to Order Steroids- ISSUE DATE OCTOBER 2013

14. Alleged War Crimes by Agency Personnel Overseas -ISSUE DATE NOVEMBER 2013

15. Alleged Abuse of Detainees Overseas- ISSUE DATE JANUARY 2014

16. Disclosure of Classified Information by Former D/CIA- ISSUE DATE MARCH 2014

17. Alleged Abuse and Misconduct Overseas- ISSUE DATE MARCH 2014

18. Alleged Misattribution of Detainee Intelligence- ISSUE DATE APRIL 2014

19. Alleged Misconduct by Polygrapher- ISSUE DATE MARCH 2014

20. Theft ofUSG Property: E Bay sale ofNVGs- ISSUE DATEMA Y 2014

21. Allegation of Misconduct by Polygrapher- ISSUE DATE MAY 2014

We completed a thorough search for records responsive to your request and although our prior

responses stated that we located twenty-three (23) responsive documents, further review of one of those

documents indicates that the document is not one of the IG reports listed in the FOIA request and is,

therefore, not responsive. Thus far, we have produced nineteen (19) documents in segregable form and

denied two (2) in their entirety. At this time, one (1) additional document can be released in segregable

form with redactions made on the basis ofFOIA exemptions (b)(l), (b)(3), (b)(6), (b)(7)(c), and

(b)(7)(e). Exemption (b)(3) pertains to Section 6 of the Central Intelligence Agency Act of 1949, 50

U.S.C. § 3507, noted as exemption "(b)(3)ClAAct" on the enclosed document, and/or Section 102A(i)(l)

of the National Security Act of1947, 50 U.S.C § 3024(i)(l), noted as exemption "(b)(3)NatSecAct" on

the enclosed document.

Because the above-referenced request is a subject of pending litigation in federal court, in accordance with Agency regulations as set forth at Section 1900.42 of Title 32 of the Code of Federal Regulations, you are not entitled to appeal this determination administratively.

Enclosure

Sincerely,

;lJM)~~~ Michael Lavergne

Information and Privacy Coordinator

I


L Administrative Data



Case No.: {b)(3) CIJI.f.~c~t __ _ Case Title: Theft ofUSG Property: B-Bay Sale ofNVGs

Investigator: ~b)(3) CIAAct] Supervisor: (b)(3) CIAAct

(b)(1)-Date Received: 30 November 2012

Date Assigned: 4 December 2012

Date Opened: 4 December 2012

Case Type: Full Investigation (b )(3) CIAAct

H. Summary of Investigative Actions

(b )(3) NatSecAct (b )(6) (b)(7)(c)

1. ~SIR~ On 30 November 2012, (b)( 1 ) notified the Office of Inspeetor General (OIG)"Lth~a~t~at~leas~t~o-ne_p_arr~· -o"f AN""t"A'V""S"-6cc(V)"""N~igh~t'"V~i~sio_n __ (b)(3) NatSecAcbggles (NVG), which were believed to be A encyproperty, were reported to be for sale on eBay, an

internet auction website. According to e D ent of Defense OD) initially discovered (b)(1) theNVGs for sale and reported thema(ter on 30November2012. (b )(3) NatSecAct~taff queried Agency records and determined that the reported NVG serial number was associated

(b)(3) CIAAct (b)(6) (b)(7)(c)

(b)(1

) with Agency Shipment Order Number (Sm(b)(3) CIAActch was a shipment of 17 sets ofNVGs (b)(1)

(b)(3) NatSecAct I _ (b)(3) CIAAct

2. (SIINH:) On 4 December 2012 the OIG opened an official investigation into the ma\ter. on(b )(3) NatSecAct 7 December 2012, OIG interviewe (b)( 1 ) d reviewed documeotiltion .,eruunin to the NVGs · from both (b )(3) NatSecAc According

(b)(3) CIAAct to Agency records, theNVGs arrived at on 2June 2011, at which time alii? sets ofNVGs were (b)(6) inventoriedandaccountedfor. On21June2011,1 lanA~encycontractorl I (b )(7)( c) received SOJ(b )(3) CIAAc!transported the 17 NVGs to th~ }warehouse, located[ I

L__ _ __j ~-~designated the NVGs for disposal by.secure destruction on 28 February 2012. The · NVGs were last inventoried on 15 March 2012 by propertv tnmCin (PTI) personnel '(b)( 1 )_::]in

. (b)(1) preparationfrirdestruction. (b)(1) (b\(3) NatSecAct • (b)(3) NatSecAct '

(b )(3) NatSecAct 3. fU'JIIQWl On 10 Decemher2012, OIG contacted the Pentagon point of contilct for the Ureferral, c= (b)( 6) referred OIG to US Army Criminal Investigative Division (CID), SA On II January 2013, OIG coordinated with the US Army CID Field Investigative Unit (FlU)

· to obtain further ioformation concerning the matter. FlU advised OIG that the NVGs were in the (b )(6) possession ofCID office, Carlisle Barracks, PA. (b)(7)(c)

!NV-20! Page I of2

This document is controlled by the CWOIG and neither the document nor its contents should be

I disseminated without nrior IG an~:;:~:atSecAct

(b)(3) CIAAct (b)(6) (b)(7)( c)

(b)(3) CIAAct (b)(6) (b)(7)(c)

I.

I .SFCPF'P//N8F6ltl4' ,



SEefffi'f//l15PO!tN


4. (U/!f'eOO) According to CID's investigation, the NVGs were first documented in the possession of the Defense Reutilization and Marketing Office (DRMO), Tobyhanna AnnyDepot. PA where they were erroneously designated for sale to the public. A private company, Gll..CO, then purchased the NVGs legally from a government auction. CID at Carlisle Barracks seized the NVGs from Gll..CO, pursuant to their investigation related to government property being sold on eBay.

5. fflffl<f') On 24July 2013, OIG obtained from CID 7 sets of AN/AVS-6 NVGs which directly correlated by serial number to those inventoried under SON CID obtained all 7 sets of NVGs

· from GILCO during their investigation. CID also provided OIG with a copy of their Report of Investigatiol! pertaining to the NVGs, which was appended to the case file. (b )(3) CIAAct

m. (b )(1)

6. -ceTThe OIG investigation found that 17 Agency-owned NVGs were received by c=(b )(3) NatSecAct and destined for destruction; however, by unknown means, at least 7 were transferred to DRMO at Tobyhanna Anny Depot, PA. The DRMO subsequently released the NVGs for sale to the public without the requisite demilitarization of the equipment. GILCO LLC, of Muncy, PA, subsequently obtained the NVGs through a government auction, and later posted the NVGs for sale on eBay.

7. i€7" Due to a lack of evidence to suooort the alleoation of theft of US •ovemment oronertv, this matter is being cl~ (b)( 1)

(b)(3) CIAAct (b)(7)(e)

I The investi~ration found no evidence to indicate that the NVGs were stolen. I

(b )(1)

L-~~~~~~~~~~-------(b)(3) CI_AA_c_t __ _j

(b)(7)(e)


Case Closing Memo submitted by Investigator 11 Supervisor: (b)(3) CIAAct

1"'"6'"' _ ... , lp,L~

Case Closing Memo approved by Supervisor: . L __ (_b )-(3-) -C-IAA_ct _ __j~ ££ 4 jz>/3

SECRE'3?//NOF9R:Ii


INV-201 Page2of2. I

igreports

Documents

polygrapher issue date

whistleblowing issue

steroids issue date

interrogator issue date

dcia issue date

dod issue date

cia credentials issue

database searches issue