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Eastern District of Virginia
undersigned complainant being duly sworn state the following is
true and correct to the best of my knowledge and belief. From in or about fall
unlawfully and knowingly conspire to commit espionage, that is, with intent and reason to believe that they were to be used to the injury of the United States and to the advantage of a foreign nation, communicate, deliver, and transmit to a foreign government and to a representative and agent thereof, directly and indirectly, documents and information relating to the national defense,
in violation of Title 18 United States Code, Section(s) 794(c). I further state that I am a(n) Special Agent and that this complaint is based on the following facts:
See Attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
Signature of Complainant:
Federal Bureau of investigation
AUSA Robert A. Spencer
Sworn to before me and subscribed in my presence,
Name & Title of Judicial Officer_________________
Signature of Judicial Officer_______________
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT AND SEARCH WARRANT
I, Steven A. Carr, being duly sworn, hereby state:
1. I am a Special Agent of the Federal Bureau of Investigation (FBI) and have been so employed for six years. I am currently assigned to the Washington Field Office to a squad responsible for foreign counterintelligence matters; I have worked in this field for six years. As a result of my involvement in counterintelligence investigations, and foreign counterintelligence training I have received, I am familiar with the tactics, methods, and techniques of foreign intelligence services and their agents.
more fully described below, I respectfully submit that Brian P. Regan violated
18 U.S.C. § 794(c) in that he conspired to commit espionage by transmitting
3. Information in this affidavit is based on my personal knowledge and on information provided to me by other counterintelligence investigators and law enforcement officers during this investigation. This affidavit relies on information provided by agencies of the United States Intelligence Community, which have cooperated with this investigation. This affidavit is not intended to be an exhaustive summary of the investigation against Regan, but is for the purpose of setting out probable cause in support of:
a. A complaint charging Brian P. Regan with a violation of Title 18, United States Code, Section 794(c)(conspiracy to commit espionage); and
b. A search warrant for a bag checked by Brian P. Regan onto a Lufthansa flight at Washington Dulles International Airport on August 23, 2001, which bag is more fully described in Attachment C to this affidavit.
4. Pursuant to the Foreign Intelligence Surveillance Act of 1978, as amended, Acting Attorney General Theodore B. Olson has approved use in this application, for law enforcement purposes, of information obtained and derived from searches and surveillance conducted under the authority of the act.
P. Regan is 30 [sic, probably 38] years old, and he lives at
6. The NRO
is the national program to meet the
October 2000, Regan
has been employed by TRW in
8. Pursuant to Executive Order 12958 and its predecessor Executive Orders, information must be classified as TOP SECRET and properly safeguarded if the release of that information could reasonably be expected to cause "exceptionally grave damage to the national security." Pursuant to Executive Order 12958, and its predecessor, Executive Order 12356, information, the unauthorized disclosure of which reasonably could be expected to cause "serious damage to the national security," must be classified as "Secret." Pursuant to these same executive orders, "Confidential" information is information the unauthorized disclosure of which reasonably could be expected to cause damage to the national security.
9. In the
Fall of 2000, reliable source information indicated that a number of
in the Fall of 2000, reliable source information revealed that an agent had
provided the government of Country A separate information intended to accompany
the documents described in paragraph 9, above. This accompanying information
consisted of an introductory message, in English, and separate encrypted
messages. The initial, unencrypted message appears to be an introductory letter
containing instructions to prevent detection of the messages by the
encrypted messages, which were decrypted by the
office formerly occupied by Brian P. Regan at the NRO,
computer formerly assigned to Brian P. Regan at the NRO,
14. Intelink audit records indicate that the URL for the CIA
intelligence report described in paragraph 9, was accessed from the computer in
Regan's former office at
on the date the particular copy of the report described in paragraph 9 had been
printed out. NRO records indicate that Regan's electronic entry badge was used
to enter his office suite at on that date. Separate NRO security records indicate that
Regan's passcode was used to set the alarm on the
suite at the
following morning. Later that same day, Regan flew on a "space
available" U.S. Air Force flight from
document noted in paragraph 9, above, which related to a foreign country's
satellite capability, was composed expressly for and distributed at a course
16. Agents also have established that there are common spelling errors in the messages described in paragraphs 10, 11 and 12 above, and in documents typed on Regan's former NRO computer.
17. The FBI has had Regan under surveillance since June 2001. On several occasions while under surveillance, FBI personnel have observed Regan conducting what appear to be surveillance detection runs, that is, conducting multiple U-turns, pulling over to the side of the road, and appearing to be checking to see whether he is under surveillance.
had reservations to
in Regan's carry-on bag when he was stopped by the FBI at
Regan's person when he was stopped by the FBI at Dulles Airport on August 23,
2001, was a spiral notebook, which appears to be the notebook in which Regan
was taking notes while looking at classified information on his computer
terminal earlier in the day on August 23, 2001. In addition, hidden in Regan's
shoe, Regan had a piece of paper on which was written names and addresses in a
26. Regan was confronted by FBI special agents at the airport at approximately In response to a question from this affiant, Regan denied knowledge of cryptology, coding and decoding. However, when shown photographs of the alphanumeric tables, which appear to be related to cryptology, which tables had been in his carry-on bag, he stated "This is my stuff." Regan was arrested shortly thereafter.
27. Financial checks indicated that in February 2001, Regan had consumer debts amounting to $53,000.
28. Based on the foregoing, I respectfully submit that there is probable cause to believe that Brian P. Regan knowingly and unlawfully conspired to commit espionage, that is, with intent and reason to believe that it would be used to the injury of the United States and to the advantage of a foreign nation, communicate, deliver, and transmit to a foreign government and to a representative and agent thereof, directly and indirectly, documents and information relating to the national defense, in violation of 18 U.S.C. § 794(c). I also respectfully submit that probable cause exists that fruits, evidence, and instrumentalities of a crime, namely, conspiracy to commit espionage, may be found in the suitcase that Regan checked at Dulles Airport on August 23, 2001, which suitcase is more fully described in Attachment B. Accordingly, I request a warrant to search the suitcase described in Attachment B for the items listed in Attachment A.
Federal Bureau of investigation
Sworn to and subscribed before me this ____ of August 2001,
UNITED STATES MAGISTRATE JUDGE
ITEMS TO BE SEIZED
1. Espionage paraphernalia, including devices designed to conceal and transmit national defense and classified intelligence information and material, and implements used by espionage agents to communicate with their handlers and with a foreign government, including, coded pads, signaling devices or implements, microdots, secret writing papers, any notes, letters, or written correspondence between Brian P. Regan and any agents of a foreign country, any computers (including laptops), computer disks, cameras, film, codes, telephone numbers, maps, photographs, and other materials relating to communication procedures or correspondence.
2. Records, notes, calendars, journals, maps, instructions, and classified documents and other papers relating to the transmittal of national defense and classified intelligence information.
3. United States and foreign currency, financial instruments, precious metals, jewelry, and other items of value, which are the proceeds of or assets derived from illegal espionage activities; any financial records of foreign or domestic bank accounts, including cancelled checks, statements, deposit slips, withdrawal slips, wire transfer requests and confirmations, account numbers, addresses, credit cards and credit card statements, financial and investment account records, reflecting proceeds or wealth from espionage activities, including financial records or documents in aliases.
4. Passports, visas, calendars, date books, address books, credit card and hotel receipts, airline records, reflecting travel in furtherance of espionage activities.
5. Identity documents (including those in aliases), including passports, licenses, visas, U.S. and foreign currency, instructions, maps, photographs, bank account numbers, and other materials related to emergency contact procedures and escape routes.
6. Materials used to alter documents, including glue and tape.
7. Safety deposit box records, including signature cards, bills, and payment records; any documents relating to storage sites where the defendant may be storing classified information or other items relating to espionage activities.
8. Federal, state, and local tax returns, work sheets, W-2 forms, 1099 forms, and related schedules.
9. Telephone bills and records, including calling cards and pager records.
10. Photographs, including photographs of co-conspirators.
1l. Computer hardware, software, and storage media, including any computer, laptop computer, modem, server, records, information and files contained within such computer hardware, software, or storage media.
12. Classified or official documents or information.
DESCRIPTION OF SUITCASE TO BE SEARCHED
suitcase is a two-tone brown, cloth and leather-like, suitcase, approximately
24 by 18 inches, with two straps, with buckles, encircling the suitcase. The
suitcase opens with zippers, and bears the words "Ricardo Beverly
Hills." The suitcase has a Delta tag on it that reads: "K. Q. Feeley, [address deleted]
suitcase is in the custody of the FBI in
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