Counterintelligence ESPIONAGE Division VESTIGATIONS Counterintelligence Training Center ESPIONAGE ESPIONAGE STATUTES 18 Usc 794Espionage Statute Transmittal National Defense Information Espion The act or age To an Agent of Foreign Power \Vith Intent to U.S orAid Foreign Power practice of pying or of Injure 50 Usc 783 -- Unauthorized Disclosure using spies obtain Filler Statute secret intell gence U.S Government Employee Who Knowingly Transmits Jiuraruti Olaaonr Classified Information To Foreign National BRIAN PATRICK REGAN NRc4 ANNA BELAN MONTESDlAc We are here today to tell the full story of Brian Patrick Regans Born 1957 singe never betrayal of his country We want you to see the magnitude married no children of the damage this man was willing to inflict Oldest of four siblings FBI on his country and fellow citizens usAnomey Paul McNtriy employees US Citizen Puerto Rican descent BS University of Virginia 1979 MS Johns Hopkins SAIS 1984 Worked at DOJ FOIPA 1979- 85 Hired by Defense Intelligence Agency DIA in 1985 of classified documents 20000 pages Buried in 19 locations in Virginia and Maryland ACLURM043308 FB1042208 -4 ROBERT HAN SSEN ROBERT HANSSEN FBI iruaj Robert Hanssen birAlaliovas A57 year old veteran FBI employee who received more than $1.4 million in cash jewels while spying for 17 and coat tpanaa 5octytth years for the KGB/SVR He pled Wa dh be lycoalty guilty to 15 counts of espionage- related charges Sentence life iZdmo1coldrngakiVm Vecjc aJrrad ytrioRtibvcrlv1 pJ codiiuaftev dntacs dodravor recovered at the Loon Pkdhoped Hrol Package ndor footbridge drop ode contdrdng $50000 covir the Elo drop ore on 2/Is/SI nor tell RnvoiorrS Hanvoen by for DAVID SHELDON WERE THEY BELIEVERS BOONE NSA .lonofhan .12/v Pnllnird David Sheldon Boone Naval Intelligence Spied from 1988 to 1991 for the Soviet Union Service officer who Teresa Squillacote FormerArmy Signal Intelligence Officer spied for Israel Pentagon Attorney Paid Sf2000 Spied for two years Spied for East 1999 Pleaded guilty to conspiracy sentenced to 24 years months 1987 sentenced to life Germans and Russia Sentence 22 years Motivation ideology Kurt Stand Recruited Squillacote Clark Sentenced in 1999 to 17 years in prison Convicted with wife of conspiracy to commit David Boone espionage attempted espionage and illegally obtaining national defense information ACLURM043309 FB1042209 he WALKER Spy Ringu TYPES OF SPIES Ronald Pelton r.III Jonathan Pollard Mail in spy Robert Hanssen E-mail spy Brian Regan Third party spy Richard Miller KGB Photo of Walkers DroD Site FEW OTHER SPIES FEW OTHER SPIES Where are spies found Where are spies found Everywhere Everywhere Douglas Tsou lb b7C ECONOMIC ESPIONAGE ACT THEFT OF TRADE SECRETS Knowing to convert trade secret whoever knowingly acts By stealing misappropriating or duplicating to benefit any foreign government foreign without authorization or receiving buying or instrumentality or foreign agent possessing trade secret known to be stolen or misappropriated By stealing misappropriating or duplicating When that trade secret is related to or included in trade secrets without authorization or product produced for or place in interstate or receiving buying or possessing trade foreign commerce secret known to be stolen or misappropriated To economically benefit anyone other that the and intention and knowing that the offense 18 Usc 1831 1996 15 years maximum penalty will iniury any owner of the trade secret 18 Usc 1832 1996 10 years maximum penalty ACLURM043310 FB104221 STATUTE SPECIFICS The cost to the US its corporations Exterds the definition of goods wares or and its residents merchandise to include proprietary business loss economic information owned by company jobs Allows intelligence investigations when foreign intelligence services are using tradition methods to information not tax revenue gather proprietary just classified government information market share trade balance FOUR PILLARS and OTHER CASE WHYA NEW LAW Lets revisit this of ______________________________ Ian question why new law ____________________________rand our and look to the words of what b6 Pillars Enterprises of Texas and Taiwan b7C is considered friendly country Three arrested in September 1997 and$ charged with stealing trade secrets Avery-Dennisons estimated its DINNISON damages at $50 to 60 million ACLURM043311 FB104221 FREIIJ TJJCL IFIEL Li Li OBJECTIVES WHATMAKES ESPIONAGE CASES SO DIFFICULT TO WORK To Determine.. bi Worst case scenario. bC No evidence Whether crime has been committed physical No witnesses Sensitive oource/lectmique protection What was lost...and how it was lost Violation is years old Uosuto crime has been conuhitted Who committed the crime WHATDO WE NEED To PROVE b7E ELEMENTS OF THE CRIME 18 U.S.C s794a 18 U.S.C s794a Espionage Statute Tranomittalof.. No statute of limitations msybs Death or life imprisonment Notioosl Detente lnfornsolion...to Criminal forfeiture provisions Foivign Power or Ageot thereof with Son of Sam provision old he Power talent to injore the US Foreign aj elements of the statute most Im ntet ACLURM043312 FB104221 lb ELEMENT- FOREIGN POWER b7F Any verttksble information reflecting fully recruited status is okotficsnt Pasynsentoond resvardsrecetved Tasking acted out Activity of on intetttgence opceattsn acted out Issues Intelligence Authorization Acts Coordinate svittt notoide ogenctes...docunseut Whs Isos the lead 12333 lb EO Do not let victins agencies teadl Ott Joust interviews lb 603 Tttird agency nsle...docsment authority to b7E disseminate 2.5 What is written to dtoverable Third Agency Rule Protect Sonrcn tnformottonl ACLURM043313 FB104221 ACLURM043314 4er FB104221 TE FBI Espionage/Counterintelligence Authorities U.S.C 1304 GOVERNMENT ORGANIZATION AND EMPLOYEES LoYALTY INVESTIGATIONS1 10 U.S.C 431 AUTHoRITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES2 12 U.S.C RIGHT TO FINANCIAL PRIvACY ACT FBI MAY REQUEST CUSTOMERS OR 3414a5A ENTITYS FINANCIAL RECORDS FROM FINANCIAL INSTITUTION AS LONG AS SUCH RECORDS ARE SOUGHT FOR FOREIGN COUNTERINTELLIGENCE PURPOSES 15 U.S.C 1681ua DISCLOSURES TO THE FBI FOR COUNTERINTELLIGENCE PURPOSES UNDER THE FAIR CREDIT REPORTING ACT 18 U.S.C FRAuD AND RELATED ACTIVITY IN CONNECTION WITH COMPUTERS THE 103 0d12 FBI HAS PRIMARY AUTHORITY TO INVESTIGATE OFFENSES UNDER SUBSECTION A1 FOR ANY CASES INVOLVING ESPIONAGE OR FOREIGN COUNTERINTELLIGENCE 18 U.S.C 2516 AuTHORIzATION FOR INTERCEPTION OF WIRE ORAL OR ELECTRONIC COMMUNICATIONs THE ATToRNEY GEr MAY AUTHORIZE AN APPLICATION TO FEDERAL JUDGE REQUESTING TO INTERCEPT WIRE OR ORAL COMMUNICATIONS BY THE FBI WHEN SUCH INTERCEPTION MAY PROVIDE OR HAS PROVIDED EVIDENCE OF CRIME E.G CHAPTER 37 ESPIONAGE CHAPTER 90 PROTECTIoN OF TRADE SECRETS AND CHAPTER 105 SABOTAGE 18 U.S.C 2517 AuTHORIzATIoN FOR INTERCEPTION OF WIRE ORAL OR ELECTRONIC COMMUNICATIONS3 18 U.S.C 2709 COUNTERiNTELLIGENCE ACCESS TO TELEPHONE TOLL AND TRANSACTIONAL RECORDS 26 U.S.C CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN 6103i7B INFORMATION DISCLoSuRE TO INTELLIGENCE AGENCIES THE SECRETARY OF THE IRS MAY DISCLOSE RETURN INFORMATION OTHER THAN TAXPAYER RETURN INFORMATION TO FEDERAL INTELLIGENCE AGENCIES THAT ARE ENGAGED IN THE COLLECTION OR ANALYSIS OF INTELLIGENCE AND COUNTERINTELLIGENCE iNFORMATION 28 U.S.C 533 note FBI INVESTIGATIONS OF ESPIONAGE BY PERSONS EMPLOYED BY OR ASsIGNED TO THE UNITED STATES DIPLOMATIC MISSIONS ABROAD THIS PROVISION WAS ENACTED BY THE INTELLIGENCE AuTHORIzATION ACT FISCAL YEAR 1990 TITLE VI SECTION 603 As of September 18 2007 byl Office of the General Federal Bureau of Counsel Investigation bC ACLURM043315 FB104221 FBI Espionage/Counterintelligence Authorities 42 U.S.C 2165 ATOMIC ENERGY SECURITY RESTRICTIONS INVESTIGATIONS BY THE FBI 42 U.S.C 227 1b GENERAL PRovISIONS CRIMINAL VIOLATIONS THE FBI IS AUTHORIZED TO INVESTIGATE ALL ALLEGED OR SUSPECTED CRIMINAL VIOLATIONS OF CHAPTER 23 DEVELOPMENT AND CONTROL OF ATOMIC ENERGY OF TITLE 42 42 U.S.C 5197g FEDERAL BUREAU OF INVESTIGATION THE FBI IS AUTHORIZED TO INVESTIGATE ESPIONAGE SABOTAGE OR SUBVERSIVE ACTS RELATING TO CHAPTER 68 DISASTER RELIEF SUBCHAPTER TV-B EMERGENCY PREPAREDNESS OF TITLE 42 42 U.S.C 7144b DEPARTMENT OF ENERGY OFFICE OF COUNTERINTELLIGENCE4 50 U.S.C 402ae COORDINATION OF COUNTERINTELLIGENCE MATrERS WITH THE FBI 50 U.S.C 403-Sd FOREIGN INTELLIGENCE INFORMATION5 50 U.S.C 409b AUTHORITY OF FBI TO AWARD PERSONAL SERVICES CONTRACTS I1-IAT DIRECTLY SUPPORT THE INTELLIGENCE OR COUNTERINTELLIGENCE MISSIONS OF THE FBI6 50 U.S.C 1802 AUTHORIZATION OF ELECTRONIC SURVEILLANCE WITHOUT COURT ORDER TO ACQUIRE FOREIGN INTELLIGENCE INFORMATION 50 U.S.C 1806 USE OF FISA INFORMATION ACQUIRED FROM ELECTRONIC SURVEILLANCE7 50 U.S.C 1811 AUTHORIZATION OF ELECTRONIC SURVEILLANCE WITHOUT COURT ORDER TO ACQUIRE FOREIGN INTELLIGENCE INFORMATION DURING TIME OF WAR 50 U.S.C 1822 AUTHORIZATION OF PHYSICAL SEARCHES FOR FOREIGN INTELLIGENCE PURPOSES SEEALSO EXECUTIVE ORDER 12949 FOREIGN INTELLIGENCE PHYSICAL SEARCHES FEBRUARY 1995 50 U.S.C 1825 USE OF FISA INFORMATION ACQUIRED FROM PHYSICAL SEARCHES8 50 U.S.C 1829 AUTHORIZATION OF PHYSICAL SEARCHES WITHOUT COURT ORDER TO ACQUIRE FOREIGN INTELLIGENCE INFORMATION DURING TIME OF WAR 50 U.S.C 1842 PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS 50 U.S.C 1843 AUTHORIZATION OF PEN REGISTER OR TRAP AND TRACE DEVICE ON AN EMERGENCY BASIS TO GATHER FOREIGN INTELLIGENCE INFORMATION As of September 18 2007 byl Office of the General Counsel Federal Bureau