France charges two former intelligence officers with spying for China

dgse franceThe trial of two French former intelligence officers begins today in Paris, with the two men accused by French authorities of having spied for China in the 1990s and 2000s. French officials have remained largely silent on the two cases, but media reports have suggested that the two former intelligence officers were found to have carried out espionage tasks for the Chinese government.

The two men have been identified in media reports only as “Henri M.” and “Pierre-Marie H.”. They are both reportedly former employees of France’s Directorate-General for External Security, known as DGSE. The service operates as France’s equivalent of the United States Central Intelligence Agency. A third suspect, “Laurence H.” is reportedly the wife of Pierre-Marie H., and stands accused of “concealing property derived from espionage on behalf of a foreign power, which is likely to harm the fundamental interests of the nation”.

According to reports in the French media, Pierre-Marie H. was arrested in late 2017 while transiting between flights at Zurich airport. He was found to be carrying on him a large amount of undeclared cash, which was reportedly given to him by his Chinese handler, following a meeting on “an island in the Indian Ocean”. He is currently free on bail.

The DGSE appointed Henri M. in the Chinese capital Beijing as its station chief. He was allegedly listed as the second secretary at the French embassy there. However, he was recalled to Paris less than a year following the start of his foreign assignment, after he was found to have an affair with the female interpreter of the ambassador. The interpreter was reportedly a Chinese citizen. In 2003, following his retirement, Henri M. reportedly relocated to China, where he married the interpreter and settled in the southern Chinese island of Hainan.

Like Pierre-Marie H., Henri M. was arrested in late 2017, reportedly after a lengthy surveillance operation by French counterintelligence, which lasted several months. Both men are accused of “delivering information to a foreign power” and by doing so “damaging the fundamental interests of the French nation”. French officials have described the cases of the two men as “extremely grave”. The trial will take place in a special court that will convene behind closed doors. The verdict is due to be announced on July 10. If convicted of all charges against them, the two men face 15 years behind bars.

Author: Joseph Fitsanakis | Date: 06 July 2020 | Permalink

German court stops spy agencies from conducting mass surveillance of foreigners

BND GermanyGermany’s Federal Court of Justice has ruled that the country’s intelligence agencies are not entitled to spy en masse on the telecommunications exchanges of foreign citizens. The ruling comes in response to a lawsuit filed by several journalist groups, including the German chapter of Reporters Without Borders. The groups partnered with the German-based Society for Civil Rights and argued in their lawsuit that existing law did not prevent German spy agencies from spying at will on the communications of journalists. This could potentially allow the intelligence agencies to identify trusted sources that journalists use in their work, and even share that information with intelligence agencies of other countries, they argued.

Germany’s foreign intelligence agency, the Federal Intelligence Service, or BND, is uniquely positioned with access to a vast volume of telecommunications data and content. This is because Germany hosts some of the busiest and highest-capacity Internet exchange points in the world. The country’s extensive telecommunications infrastructure includes the so-called DE-CIX exchange in Frankfurt, believed to be the world’s second-busiest Internet node. It is believed that the DE-CIX Internet exchange alone carries over a trillion messages per day to and from Western Europe, Russia, the Middle East and North Africa.

The BND is not allowed to spy on the communications of German nationals. However, according to German media reports, the agency had until now assumed that Internet messages sent by foreigners, which passed through German-based exchanges, were fair game for interception and analysis. This was because, according to the BND, foreign nationals were not protected under Germany’s Basic Law —a term that refers to the German Constitution— which means they and their communications had no privacy protections under German law.

But this assumption was dispelled on Tuesday by the Federal Court of Justice, which is Germany’s highest court. The court ruled that telecommunications surveillance against foreigners is subject to Article 10 of Germany’s Basic Law, which affords German citizens the right to privacy. In other words, the law also protects the telecommunications of foreigners, according to the court, which means that surveillance of foreign communications should be carried out only in a targeted fashion, in response to specific cases or to target specific individuals. The court challenged the mass-surveillance —as opposed to a targeted surveillance— model of the BND’s data collection, and said that it the spy agency’s activities required more stringent oversight, especially in relation to the communications of reporters and lawyers. Finally, the court agreed with the plaintiffs that the constitutional safeguards against the BND’s ability to share its intercepted data with foreign spy agencies were insufficient.

In its ruling, the court gave the German government until December of 2021 to propose a new law governing telecommunications surveillance against foreigners, which will be compliant with the German Constitution.

Author: Joseph Fitsanakis | Date: 20 May 2020 | Permalink

Germany convicts married couple of spying for Indian intelligence service

Manmohan S. Kanwal Jit K.A court in Frankfurt has found a married couple guilty of spying in Germany on behalf of India’s external intelligence service. Due to Germany’s strict privacy laws, the couple have been identified only as 50-year-old Manmohan S. and his wife, Kanwal Jit K., who is 51.

According to the prosecution, Manmohan S. was recruited by India’s Research and Analysis Wing (RAW) in January of 2015. His wife joined his intelligence-collection activities in July 2017. Following their arrest, the couple told German authorities that they held regular meetings with a RAW case officer who was serving as a diplomat in the Indian consulate in Frankfurt. They also said they were paid nearly $8,000 for their services.

The two convicted spies said at their trial that they were tasked to spy on adherents of the Sikh religion and members of the Kashmiri expatriate community in Germany. The central European country is believed to host as many as 20,000 Indian Sikhs, many of whom openly proclaim secessionist aspirations. Many Sikhs in India and abroad campaign for the creation of a Sikh state in parts of northwestern India and Pakistan, which they call Khalistan. India is also concerned about the secessionist aspirations of Kashmiris, a predominantly Muslim population of 10 million that lives in the region of Jammu and Kashmir. Delhi has long claimed that expatriate groups living in Europe and the United States provide funding for secessionist groups that operate in the region.

On Thursday, Frankfurt’s Higher Regional Court found the couple guilty of conducting illegal espionage activities on German soil. It handed Manmohan S. a one-and-a-half-year suspended jail sentence, while Kanwal Jit K. was given a fine that equates to 180 days of income.

Author: Joseph Fitsanakis | Date: 13 December 2019 | Permalink

Unprecedented trial of ‘secret prisoner’ in Australia raises legal questions

Alexander Maconochie CentreAn unprecedented closed-door trial of a man identified only as “Witness J”, who was convicted earlier this year of a crime that cannot be revealed, has raised questions about the relationship between security and the law in Australia. The man, who is also known as “Prisoner 123458”, was sentenced to a jail sentence in February of this year. His sentencing came following a closed-door hearing, which was described by a judge as “generally undesirable” and “unusual”.

Witness J is believed to be in his mid-30s and to have served as an intelligence officer in the Australian military, with a Top Secret security clearance. According to ABC News, he served in Iraq, Afghanistan, and East Timor and had a distinguished service record. But he drew the attention of counterintelligence investigators in 2018, while undergoing a five-year re-evaluation of his security clearance status. During that time he was reportedly serving as a civilian in an undisclosed country in Southeast Asia.

ABC News said that “some anomalies in [Witness J’s] answers” —presumably while he was undergoing a polygraph test— raised further questions about whether “he could be compromised”. This, according to ABC News, coincided with the deterioration of his mental health, which led him to seek “internal help” from his employer on several occasions. Reportedly, his Top-Secret clearance status did not allow him to seek outside professional advice about his condition. Witness J was eventually jailed in mid-May 2018 and spent a month in solitary confinement. He was then placed in a high-security wing for serious sex offenders at the Alexander Maconochie Centre prison in Canberra. This was not because he was a sex offender, but because it was determined that he would be safer there than in the other wings of the prison.

In February of this year, Witness J was sentenced in a closed-door trial, held under the secrecy provisions of Australia’s 2004 National Security Act. Australia’s Attorney General, Christian Porter, told ABC that the information shared in Witness J’s hearing was “of a kind that could endanger the lives or safety of others”. The only reason why records of Witness J’s incarceration have appeared on the public record was because officers of the Australian Federal Police obtained a warrant to search his prison cell in order to confiscate a personal memoir that they allege the prisoner composed about his case during his incarceration.

It is believed that Witness J was released from prison in August of this year, 16 months before completing his sentence. He is not able to speak to the press, or identify himself in public in connection with this case. According to ABC News, he is only allowed to refer to his conviction as having been for “mishandling classified information”. Several experts have commented on the secret trial of Witness J One expert, Bret Walker, a barrister and former independent national security legislation monitor, told “ABC News that the case of Witness J was “a perfectly well-intentioned piece of national security legislation might not be operating in the way one would like”.

Author: Ian Allen | Date: 09 December 2019 | Permalink

Spain’s second largest bank under investigation in massive espionage scandal

José Manuel VillarejoSpain’s second largest bank has been placed under investigation in connection with a probe into an illegal network that spied on scores of politicians, business executives, journalists and judges for over 20 years. The investigation centers on José Manuel Villarejo (pictured), a 67-year-old former police chief, who remains in pre-trial custody following his arrest in November of 2017 for carrying out illegal wiretaps. State prosecutors accuse Villarejo of running an illicit information-collection enterprise that violated the privacy of hundreds of unsuspecting citizens. Villarejo’s victims were targeted by corporate competitors and individual wealthy clients. Many were eventually blackmailed by the recipients of the information that was collected by the former police chief and his network.

On Tuesday, Spain’s High Court, the Audiencia Nacional, placed the country’s second-largest bank, the BBVA, under formal investigation in connection with the Villarejo case. Audiencia Nacional Judge Manuel García-Castellón took the decision to investigate the BBVA after government prosecutors argued that the bank was one of Villarejo’s main clients, as shown in documents seized from the former police chief in 2017. According to the prosecution, the bank made illicit payments to a company called Cenyt, which was owned by Villarejo. The payments lasted for over 13 years, during which Villarejo earned close to €10 million ($11.1 million) from BBVA. In return, Villarejo and his employees carried out surveillance operations on behalf of the bank. One of the operations targeted Sacyr, a large Spanish-based construction company, which had tried to purchase BBVA in 2004 and 2005. Spanish government prosecutors now accuse BBVA of bribery, disclosure of sensitive information, and corrupt business practices.

In January of 2018 five active police officers and an employee of the Agencia Tributaria, Spain’s tax revenue service, testified in court about having worked for Villarejo’s network. They disclosed information about Operation KITCHEN, an espionage effort that targeted Luis Bárcenas, a senator and party treasurer of Spain’s conservative Partido Popular. The purpose of Operation KITCHEN was to wiretap Bárcenas’ communications without acquiring a court warrant, said the witnesses. Last year 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 2017. Villarejo’s trial continues.

Author: Ian Allen | Date: 31 July 2019 | Permalink

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

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

Court rules against German spy who was fired for dating foreign woman

BND GermanyA former employee of Germany’s spy agency, who was recalled from his post abroad after dating a foreign woman, has lost his legal battle to be compensated for lost earnings. The former intelligence officer, who has not been identified by name, worked for Germany’s Federal Intelligence Service, known by its initials, BND. From 2006 to 2008, he served as the BND’s station chief in Riga, Latvia. The post implies that he the highest-ranking German intelligence officer in the small Baltic state. According to court documents, the BND station chief had explicit directions from his employer, in writing, not to fraternize with locals while serving in the Latvian capital. The instructions expressly forbade romantic affiliations with locals.

But, according to documents from the legal case, the intelligence officer failed to comply with agency policy and began dating a Latvian national. Soon he fell in love with her and invited her to move in with him. It was allegedly after the local woman moved in with him that he notified the BND about their relationship. The intelligence agency promptly recalled him from his post and demoted him —a move that, he claims, effectively ended his career. He therefore sued the BND, asking for reinstatement of his job and €400,000 ($420,000) in lost earnings. The plaintiff’s lawyers argued that, prior to inviting the woman to move in with him, he asked Latvian intelligence to run a background investigation on her, which came out clean. They also argued that Latvia is a member of the North Atlantic Treaty Organization and that the BND cooperates with its Latvian counterpart.

However, according to German news reports, the court rejected the plaintiff’s claims and threw out the case. The former BND officer has also been ordered to pay the legal costs associated with the court case. Intelligence officers posted abroad are typically warned to avoid entering in sexual or romantic relationships with non-vetted foreign nationals. Intelligence agencies fear that these situations could give rise to infiltration by rival agencies, or even enable extortion and blackmail to be carried out by adversary intelligence operatives.

Author: Joseph Fitsanakis | Date: 25 November 2016 | Permalink

NSA contractor accused of spying stole real names of US undercover officers

NSAClassified information stolen by a United States federal contractor, who was charged with espionage last month, includes the true identities of American intelligence officers posted in undercover assignments abroad, according to court documents. In August of this year, Harold Thomas Martin III, was arrested by the Federal Bureau of Investigation on charges of stealing government property and illegally removing classified material. Martin, 51, served as a US Navy officer for over a decade, where he acquired a top secret clearance and specialized in cyber security. At the time of his arrest earlier this year, he was working for Booz Allen Hamilton, one of the largest federal contractors in the US. Some media reports said Martin was a member of the National Security Agency’s Office of Tailored Access Operations, described by observers as an elite “hacker army” tasked with conducting offensive cyber espionage against foreign targets.

Last week, after prosecutors alleged that the information Martin removed from the NSA was the equivalent of 500 million pages, a judge in the US state of Maryland ruled that the accused might flee if he is released on bail. Soon afterwards, Martin’s legal team filed a motion asking the judge to reconsider his decision to deny him bail. That prompted a new filing by the prosecution, which was delivered to the court on Thursday. The document alleges that the information found in Martin’s home and car includes “numerous names” of American intelligence officers who currently “operate under cover outside the US”. The court filing adds that Martin’s removal of the documents from secure government facilities constitutes “a security breach that risks exposure of American intelligence operations” and “could endanger the lives” of undercover intelligence officers and their agents abroad.

It is alleged that Martin told the FBI he never shared classified information with anyone, and that he removed it from his office at the NSA in order to deepen his expertise on his subject. His legal team argues that Martin suffers from a mental condition that compels him to be a hoarder. But prosecutors for the government argue in court documents that Martin appears to have communicated via the Internet with Russian speakers, and that he was learning Russian at the time of his arrest. The case is expected to be tried later this year.

Author: Joseph Fitsanakis | Date: 28 October 2016 | Permalink

German court sentences intelligence officer who spied for CIA

Markus ReichelA court in Germany has sentenced a former officer of the country’s intelligence agency, who spied for the United States and Russia from 2008 to 2014. Regular readers of this website will recall the case of ‘Markus R.’, a clerk at the Bundesnachrichtendienst, or BND, Germany’s external intelligence agency. The 32-year-old was arrested in July 2014 on suspicion of having spied for the United States’ Central Intelligence Agency. Germany’s Office of the Federal Prosecutor said at the time that Markus R. voluntarily made contact with the CIA in 2008 and offered his services to the American spy agency. He began working for the United States as a double agent soon afterwards. Soon after Markus R.’s arrest was made public, the German government ordered the immediate removal from Germany of the CIA chief of station –who was essentially the top American intelligence official in the country. Berlin also instructed its intelligence agencies to limit their cooperation with their American counterparts “to the bare essentials” until further notice.

On Thursday, Markus R., identified in some German media as Markus Reichel, was sentenced for selling over 200 classified German government documents to the CIA between 2008 and 2012, for which he said he received €80,000 ($90,000). During his trial, Reichel also admitted giving German government documents to personnel at the consulate of the Russian Federation in Munich in the summer of 2014. Among the documents that the former BND clerks is said to have given the CIA was a list of thousands of German intelligence operatives —including agents— stationed abroad, which contained their operational cover names and real identities. But Reichel was caught when German counterintelligence officers intercepted correspondence between him and his handlers and then used the information to set up a successful sting operation.

During his trial, Reichel issued a formal apology for engaging in espionage against the German state. He told the court that he had been motivated by boredom and by “lust for adventure”, which he said he did not get working for the BND. He also said he was frustrated by the lack of confidence that his superiors and colleagues had in him. “At the BND, I had the impression that no one trusted me with anything”, said Reichel. “But the CIA was different. You had the opportunity to prove yourself”, he added. Reichel was found guilty of treason against the German state and sentenced to eight years in prison.

Author: Joseph Fitsanakis | Date: 17 March 2016 | Permalink