ETHICS: US scientist charged with espionage for Israel
FROM REUTERS
www.reuters.com/article/press...09+PRN20091019
WASHINGTON, Oct. 19 /PRNewswire-USNewswire/ -- A Maryland scientist who once
worked in varying capacities for the Department of Energy, the Department of
Defense and the National Aeronautics and Space Administration has been
arrested for attempted espionage, David Kris, Assistant Attorney General for
National Security, Channing D. Phillips, Acting U.S. Attorney for the District
of Columbia, and Joseph Persichini, Jr., Assistant Director for the FBI's
Washington Field Office, announced today.
A criminal complaint unsealed today in the District of Columbia charges
Stewart David Nozette, 52, of Chevy Chase, Maryland, with attempted espionage
for knowingly and willfully attempting to communicate, deliver, and transmit
classified information relating to the national defense of the United States
to an individual that Nozette believed to be an Israeli intelligence officer.
The complaint does not allege that the government of Israel or anyone acting
on its behalf committed any offense under U.S. laws in this case.
Nozette was arrested earlier today by FBI agents and is expected to make his
initial appearance tomorrow in U.S. District Court for the District of
Columbia. If convicted, he faces a maximum sentence of life in prison.
"The conduct alleged in this complaint is serious and should serve as a
warning to anyone who would consider compromising our nation's secrets for
profit," said David Kris, Assistant Attorney General for National Security.
"Those who would put our nation's defense secrets up for sale can expect to be
vigorously prosecuted," said Channing D. Phillips, Acting U.S. Attorney for
the District of Columbia. "This case reflects our firm resolve to hold
accountable any individual who betrays the public trust by compromising our
national security for his or her own personal gain."
"The FBI is committed to protecting the nation's classified information and
pursuing those who attempt to profit from its release or sale," said Joseph
Persichini, Jr., Assistant Director for the FBI's Washington Field Office.
According to an affidavit in support of the criminal complaint, Nozette
received a Ph.D. in Planetary Sciences from MIT in 1983, and worked at the
White House on the National Space Council, Executive Office of the President,
in 1989 and 1990. He developed the Clementine bi-static radar experiment that
purportedly discovered water on the south pole of the moon. Nozette also
worked at the Department of Energy's Lawrence Livermore National Laboratory
from approximately 1990 to 1999 where he designed highly advanced technology.
At the Department of Energy, Nozette held a special security clearance
equivalent to the Defense Department Top Secret and Critical Nuclear Weapon
Design Information clearances. Department of Energy clearances apply to access
to information specifically relating to atomic or nuclear-related materials.
Nozette was also the President, Treasurer and Director of the Alliance for
Competitive Technology (ACT), a non-profit corporation that he organized in
March 1990. Between January 2000 and February 2006, Nozette, through his
company ACT, entered into several agreements to develop advanced technology
for the U.S. government. Nozette performed some of this research and
development at the U.S. Naval Research Laboratory in Washington, D.C., the
Defense Advanced Research Projects Agency in Arlington, Virginia, and the
National Aeronautics and Space Administration Goddard Space Flight Center in
Greenbelt, Maryland. From 1989 through 2006, Nozette held security clearances
as high as Top Secret and had regular, frequent access to classified
information and documents related to the U.S. national defense.
According to the affidavit, on Sept. 3, 2009, Nozette was contacted via
telephone by an individual purporting to be an Israeli intelligence officer,
but who was in fact an undercover employee of the FBI (UCE). During that call,
Nozette agreed to meet with the UCE later that day at a hotel in Washington
D.C. According to the affidavit, Nozette met with the UCE that day and
discussed his willingness to work for Israeli intelligence.
Nozette allegedly informed the UCE that he had, in the past, held top security
clearances and had access to U.S. satellite information. Nozette also
allegedly said that he would be willing to answer questions about this
information in exchange for money. The UCE explained to Nozette that the
Israeli intelligence agency, or "Mossad," would arrange for a communication
system so that Nozette could pass information to the Mossad in a post office
box. Nozette agreed to provide regular, continuing information to the UCE and
asked for an Israeli passport.
According to the affidavit, Nozette and the UCE met again on Sept. 4, 2009, in
the same hotel. During the meeting, Nozette allegedly informed the UCE that,
although he no longer had legal access to any classified information at a U.S.
government facility, he could, nonetheless, recall the classified information
to which he had been granted access, indicating that it was all still in his
head. In the meeting, Nozette allegedly asked when he could expect to receive
his first payment, specifying that he preferred to receive cash amounts "under
ten thousand" so he didn't have to report it. At the conclusion of this
meeting, Nozette allegedly informed the UCE, "Well I should tell you my first
need is that they should figure out how to pay me... they don't expect me to
do this for free."
On or about Sept. 10, 2009, undercover FBI agents left a letter in the
designated post office box for Nozette. In the letter, the FBI asked Nozette
to answer a list of questions concerning U.S. satellite information. The
undercover agents also provided a $2,000 cash payment for Nozette. The serial
numbers of the bills were recorded. Nozette retrieved the questions and the
money from the post office the same day.
On or about Sept. 16, 2009, Nozette was captured on videotape leaving a manila
envelope in the designated post office box in the District of Columbia. The
next day, FBI agents retrieved the sealed manila envelope that Nozette had
dropped off and found, among other things, a one-page document containing
answers to the questions posed by the undercover agents and an encrypted
computer thumb drive. One of answers provided by Nozette contained information
classified as Secret, which concerned capabilities of a prototype overhead
collection system. In addition, Nozette allegedly offered to reveal additional
classified information that directly concerned nuclear weaponry, military
spacecraft or satellites, and other major weapons systems.
Also on or about Sept. 17, 2009, undercover FBI agents left a second letter in
the post office box for Nozette. In the letter, the FBI asked Nozette to
answer another list of questions concerning U.S. satellite information. The
FBI also left a cash payment of $9,000 in the post office box. Nozette
allegedly retrieved the questions and the money from the post office box later
that same day.
On or about October 1, 2009, Nozette was filmed on videotape leaving a manila
envelope in the post office box. Later that day, FBI agents retrieved the
manila envelope left by Nozette and found a second set of answers from him.
The answers contained information classified as both Top Secret and Secret
that concerned U.S. satellites, early warning systems, means of defense or
retaliation against large-scale attack, communications intelligence
information, and major elements of defense strategy.
This investigation was conducted by the FBI's Washington Field Office with
assistance from the Naval Criminal Investigative Service and the Air Force
Office of Special Investigations.
The prosecution is being handled by Trial Attorneys Deborah A. Curtis and
Heather M. Schmidt, from the Counterespionage Section of the Justice
Department's National Security Division, and Assistant U.S. Attorney Anthony
Asuncion, from the U.S. Attorney's Office for the District of Columbia.
The public is reminded that a criminal complaint contains mere allegations and
that every defendant is presumed innocent unless and until proven guilty.
SOURCE U.S. Department of Justice

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