US prosecutors to use secret surveillance evidence in Huawei lawsuit

Huawei 2Prosecutors in the United States have informed lawyers representing the Chinese telecom- munications firm Huawei that they intend to use evidence obtained through secret surveillance in a lawsuit against the company. The case involves the arrest of Meng Wanzhou by Canadian authorities in December of last year. Meng, 47, is Huawei’s deputy chair and chief financial officer, and is the daughter of Ren Zhengfei, a former officer in the Chinese People’s Liberation Army, who founded the telecommunications giant in 1988. She was detained on December 1 in Vancouver at the request of the US, which claims it has evidence that she “tried to evade the American embargo against Iran”. On March 1, the Canadian Department of Justice formally commenced Meng’s extradition process to the US, which Huawei’s lawyers are currently seeking to prevent.

In a lawsuit brought by US government prosecu- tors against Huawei, the Chinese telecom- munications firm is accused of having conspired to defraud several multinational banks by misrepresenting its relationship with a company called Skykom Tech. Washington says that the company is in fact a front used to conceal illicit activities conducted by the Islamic Republic of Iran. American government prosecutors claim that Huawei worked with Skykom Tech to evade US-imposed economic sanctions on Iran. At a Thursday morning hearing in a federal court in Brooklyn, New York, Assistant US Attorney Alex Solomon said that US authorities had used “secret surveillance” to collect evidence against Huawei. He also said that the evidence had been obtained under a US Foreign Intelligence Surveillance Act (FISA) warrant, which is issued by a secret court and usually pertains to counterintelligence investigations —i.e. when a target is suspected of spying against the US.

Solomon said that the evidence against Huawei was “obtained […] from electronic surveillance and physical search”. He did not elaborate, but added that US government’s legal team had notified Huawei that it planned to use the FISA evidence in court. Last month Huawei rejected all charges filed against it. The company has not yet commented on the FISA evidence. The next date in the court case has been scheduled for June 19, 2019.

Author: Ian Allen | Date: 05 April 2019 | Permalink

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German far-right party wins lawsuit against domestic intelligence agency

BfV GermanyGermany’s largest far-right party, Alternative for Germany, has won a lawsuit against the country’s domestic intelligence agency, which is now barred from collecting intelligence on the group’s activities. Known by its German initials AfD, which stand for Alternative für Deutschland, the party was founded in 2013 on an anti-immigration, Eurosceptic, German-nationalist, and in some cases pro-Russian, platform. In 2017 it became the third-largest political party in the country after winning 94 seats in the Bundestag, Germany’s federal parliament. Since the two leading parties formed a governing alliance, the AfD is currently Germany’s official parliamentary opposition.

Last year, however, government officials warned that elements within the AfD were actively organizing to subvert the German constitution and expressed concern about the AfD’s political views. In January of this year, the Office for the Protection of the Constitution (BfV), Germany’s primary domestic security agency, publicly announced that it would designate the AfD as a “test case” organization. According to German law, a group or organization can be designated as a “test case” when it displays “extremist elements” in its behavior, which may indicate that it “poses a threat to the constitutional order”. Once a group or organization is designated as a “test case”, the BfV is legally permitted to monitor open-source information about it. It is not allowed to resort to other methods of intelligence collection, including conducting human intelligence operations, employing informants, etc.

Shortly after the BfV disclosed the AfD’s “test case” designation, the far-right party sued the security agency, claiming that its “test case” designation amounted to public defamation. On Tuesday, Cologne’s Administrative Court ruled that the BfV had unfairly designated the AfD as a “test case” by relying on little more than “fragments of suspicion”. The court also found that the public designation of the AfD as a “test case” had unfairly defamed the party and could have a serious negative effect on its electoral performance by giving “a negative public impression”. The court decision is seen as a major symbolic victory for the far-right party ahead of several regional elections this year, in which the AfD hopes to defeat Chancellor Angela Merkel’s center-right Christian Democratic Union.

Author: Joseph Fitsanakis | Date: 27 February 2019 | Permalink

Spanish judge broadens probe into 20-year illegal wiretap network

José Manuel VillarejoA judge in Spain has widened an investigation into an illegal network that spied on scores of politicians, business executives, journalists and judges for over 20 years, in return for payments by wealthy clients. At the center of the case is José Manuel Villarejo, a 67-year-old former police chief, who was arrested in November of 2017 for carrying out illegal wiretaps and remains in pre-trial custody. State prosecutors accuse Villarejo of running an illicit information-collection enterprise that violated the privacy of hundreds of unsuspecting citizens. The latter were targeted by corporate competitors and individual wealthy clients. Many of Villarejo’s targets were eventually blackmailed by the recipients of information collected by the former police chief and his network.

The court heard this week that the accused maintained an extensive network of informants with whom he had worked during his time in the police force. These informants worked for telecommunications service providers, the banking sector, and even at Agencia Tributaria, Spain’s tax revenue service. They are accused of providing Villarejo’s network with information that helped him zero in on his targets, such as confidential tax returns, subscriber records of personal telephone calls, bank account numbers, and asset ownership lists. It is believed that several Spanish politicians were among Villarejo’s clients, as was the Banco Bilbao Vizcaya Argentaria, one of Spain’s largest banks.

On Wednesday, the court heard from five active police officers and an employee of the Agencia Tributaria, who testified about having worked for Villarejo’s network. The six men testified about so-called Operation KITCHEN, which targeted Luis Bárcenas, a senator and party treasurer of Spain’s conservative Partido Popular —known as PP, or the People’s Party. The purpose of Operation KITCHEN was to wiretap Bárcenas’ communications without acquiring a court warrant, said the witnesses. In 2018 Bárcenas was jailed for 33 years for his role in the so-called Gürtel case, the largest corruption scandal in modern Spanish history, which brought down the conservative government of Prime Minister Mariano Rajoy in July of last year. The trial continues.

Author: Ian Allen | Date: 18 January 2019 | Permalink

Judge rules that Trump’s tweet did not disclose top-secret CIA operation in Syria

Free Syrian ArmyA United States federal judge ruled on Monday that a tweet by President Donald Trump did not inadvertently disclose a top-secret program by the Central Intelligence Agency to aid rebel groups in Syria. The lawsuit, brought by The New York Times, centered on news reports published in 2017 by Reuters, The Washington Post, and others, claiming that the US president had terminated an extensive CIA program that provided assistance to rebel forces engaged in the Syrian Civil War. The program was reportedly initiated by US President Barack Obama, who in 2015 instructed the CIA to assist armed groups operating under the umbrella of the Free Syrian Army. Aside from training, the CIA assistance reportedly included the provision of light and heavy ammunition, such as antitank missiles, mines and grenades.

But President Trump allegedly terminated $1 billion program soon after he took office. Last July, the president openly disputed an account by The Washington Post’s Greg Jaffe and Adam Entous, which claimed that Trump had ended the program as a concession to Russia. In a tweet, Trump said: “The Amazon Washington Post fabricated the facts on my ending massive, dangerous, and wasteful payments to Syrian rebels fighting Assad”. Shortly afterwards, another newspaper, The New York Times, filed a Freedom of Information Act (FOIA) request, arguing that the president’s tweet had effectively disclosed the existence of the covert CIA program and seeking full details from the government. But the CIA rejected the The New York Times’ rationale, at which point the paper took the case to court.

But on Monday, US District Court Judge Andrew Carter Jr. dismissed the paper’s argument. In a 20-page decision, posted online by the US-based news website Politico, Judge Carter said that President Trump’s tweet had been too vague and ambiguous to be considered as effectively declassifying the secret CIA program. At no point did the US president “make an unequivocal statement, or any statement for that matter, indicating that he was declassifying information”, said the judge. Additionally, Trump’s tweet and other public statements on the matter did not undermine the legal authority of the US government to continue to keep details about the CIA program under wraps. According to Politico, which reported on Judge Carter’s decision, this development will make it difficult for other FOIA filers to use Trump’s tweets as justification for seeking information about secret government programs. Meanwhile, The New York Times said on Monday that it would seek to appeal Judge Carter’s decision.

Author: Joseph Fitsanakis | Date: 04 July 2018 | Permalink

China gave ex-CIA officer “hundreds of thousands of dollars in cash” to spy on US

 Chinese Ministry of State SecurityChinese intelligence operatives gave a former officer of the United States Central Intelligence Agency “hundreds of thousands of dollars in cash” in exchange for carrying out espionage, according to court papers. The Federal Bureau of Investigation arrested Jerry Chun Shing Lee, 53, on January 15, accusing him of possessing classified information that included lists of real names of foreign assets and addresses of CIA safe houses. Lee, 53, was reportedly arrested after a lengthy FBI sting operation, which included creating a fictional job in the US in order to entice Lee to travel to New York from Hong Kong, where he had been living after leaving the CIA in 2007.

Lee is now scheduled to appear before a US circuit court judge on Friday morning, in order to be officially charged with one count of conspiracy to deliver national defense information to aid a foreign government and two counts of unlawfully retaining information pertaining to national defense. According to the indictment, in April of 2010 Lee met two officers of China’s Ministry of State Security. The meeting allegedly took place in Shenzhen, a city in southern China that borders Hong Kong. During that encounter, the indictment claims that Lee was offered “a gift of $100,000 in cash” in exchange of providing the Ministry of State Security with information about his career in the CIA. He was also told by the two Chinese intelligence officers that China would “take care of him for life” if he continued to cooperate with them.

In May of 2010, Lee deposited about $17,000 into one of his HSBC accounts in Hong Kong. Court documents allege that the deposit was the first of many that followed, and that they amounted to “hundreds of thousands of dollars”. These deposits continued to occurr until the end of 2013, when Lee made his last substantial cash deposit in Hong Kong. Throughout that time, Lee received regular written instructions from the Ministry of State Security, asking him to provide information about CIA operations. Lee did so at least 21 times, says the indictment. In one instance, he drew the floorplan of a CIA facility abroad and gave it to the Chinese, according to the indictment. Lee is expected to plead not guilty on Friday.

Author: Joseph Fitsanakis | Date: 16 May 2018 | Permalink

US government prosecutors confirm CIA officer passed information to China

CIAA case officer in the United States Central Intelligence Agency, who was arrested in January of this year for violating the Espionage Act, shared classified information with China, according to an official indictment. The Federal Bureau of Investigation arrested Jerry Chun Shing Lee, 53, on January 15, accusing him of possessing classified information that included lists of real names of foreign assets and addresses of CIA safe houses. Lee, 53, was reportedly arrested after a lengthy FBI sting operation, which included creating a fictional job in the US in order to entice Lee to travel to New York from Hong Kong, where he had been living after leaving the CIA in 2007. However, the initial FBI complaint did not indict Lee for passing the top-secret information to anyone. There was speculation at the time that this was because the FBI had not been able to conclusively prove that Lee carried out espionage.

On Tuesday, however, Lee was formally indicted on conspiracy to gather and deliver national defense information to aid a foreign government. That charge came in addition to a previously stated charge of unlawfully retaining material related to American national defense. The indictment repeats earlier allegations that Lee was found to be in possession of classified documents that included the real names of CIA assets (foreign citizens who are recruited by CIA case officers to spy for the United States abroad) and the locations of “covert facilities” –safe houses that are typically used by CIA personnel to meet with assets in privacy. In what can be described as the most descriptive allegations that have surfaced against Lee, the indictment proceeds to claim that he was approached by two Chinese intelligence officers in 2010, three years after he left the CIA. The officers allegedly offered to give Lee a substantial amount of money in exchange for access to classified information. Additionally, according to the court documents, Lee was provided by his Chinese handlers with email addresses that he could use to communicate with them covertly, and did as instructed “until at least 2011”.

The documents further state that Lee made “numerous […] cash deposits”, which he struggled to explain when questioned by American counterintelligence officials. On several instances, Lee lied during questioning in order to cover up his financial activities, according to the indictment. Lee’s defense lawyer, Edward MacMahon, told the court on Tuesday that his client was “not a Chinese spy”, but “a loyal American who loves his country”. He also pointed out that Lee served in the US military and the CIA. The Chinese government has made no comment about the case.

Author: Joseph Fitsanakis | Date: 10 May 2018 | Permalink

Syria sought out and assassinated American journalist, former spy says

Marie ColvinThe Syrian government tracked down and killed American journalist Marie Colvin in order to stop her from reporting about the Syrian Civil War, according to a Syrian intelligence officer who has defected to Europe. Colvin was an experienced war correspondent who worked for The Sunday Times. The British newspaper sent her to Syria soon after the outbreak of the war. From there, she gave live interviews to media outlets such as CNN and the BBC. But on the morning of February 22, 2012, Colvin was killed along with French war photographer Remi Ochlik. Their death came when Syrian government forces repeatedly shelled a media center in the city of Homs, which housed the two reporters.

In 2016, the San Francisco-based Center for Justice and Accountability filed a lawsuit against the government of Syrian President Bashar al-Assad, claiming that Colvin’s death was deliberate and wrongful. The lawsuit is supported by Colvin’s family in the United States. Court records unsealed on Monday include a sworn testament by a Syrian former intelligence officer who has defected and now lives under a new identity in an undisclosed European country. The defector, codenamed ULYSSES, said that Colvin was assassinated by the Assad government as part of a concerted effort to hunt down Western journalists and local media correspondents. The ultimate purpose of the plan was to hinder international reporting about the war. The plan was allegedly carried out by the Syrian military under the guidance of the country’s Military Intelligence Directorate. Many of the reporters targeted for assassination were reporting from the city of Homs, where Colvin was killed.

According to ULYSSES, Syrian government forces began targeting the Homs media center after they found out that foreign journalists had managed to enter the city’s western sector from nearby Lebanon. They then employed a mobile satellite interception system to capture the journalists’ communications, which in turn revealed their precise location. At that point, Syrian troops were ordered to fire several missiles at the building housing the journalists, in full knowledge that Colvin and Ochlik were inside. In his testimony, ULYSSES claimed that Syrian intelligence officials “celebrated” when they were told that Colvin had been killed. He identified eight senior Syrian officials who he said were involved in planning the American journalist’s alleged assassination. One of them, said ULYSSES, was Maher al-Assad, President Assad’s brother, who leads the 4th Armored Division of the Syrian Army, considered as one of the staunchest pro-government parts of the Syrian military. Testimonies in the case continue this week.

Author: Ian Allen | Date: 10 April 2018 | Permalink