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Charles McGonigal and the Unclassified Oligarch Info

There’s a mildly interesting discovery dispute in the SDNY case of Charles McGonigal, the former FBI Special Agent in Charge indicted last month for sanctions violations connected to Oleg Deripaska.

His co-defendant, former Russian diplomat and approved translator Sergey Shestakov, wants to amend the protective order governing discovery in this case. As I said, this is only mildly of interest. Such challenges are not unusual, and his attorney, former Andrew Cuomo attorney, Rita Glavin, has agreed to be bound by the existing protective order while the dispute is settled, so the dispute is not holding things up (anymore).

The dispute pertains to two issues about which Glavin wants reciprocity with the government. One is whether witnesses must be bound by the discovery order.

The paragraph states: “The defense shall provide a copy of this Order to prospective witnesses and persons retained by counsel to whom the defense has disclosed Disclosure Material. All such persons shall be subject to the terms of this Order. Defense counsel shall maintain a record of what information has been disclosed to which such persons.”

[snip]

Shestakov’s counsel has claimed that the integrity of the proceedings requires that the Government, like the defense, maintain records about the persons to whom discovery materials are provided, and provide copies of the protective order to all such persons. But the Government is aware of no legal authority—nor any good cause under Rule 16(d)—supporting that request. And because the Government has long possessed much of this information, and appropriately used it for a variety of lawful purposes, such a log would be impractical at this stage.

The government’s point — that it has already interviewed so many people a log of those interviews would be meaningless (as well as its earlier point that the government is subject to grand jury secrecy rules but the witnesses before it are not) — is a perfectly reasonable point. Just as one example, McGonigal’s former mistress, Allison Guerriero, has already discussed issues that would be covered by the protective order with the press; SDNY has no way to oblige her to keep those details secret.

SDNY doesn’t say it, but it also likely wants to avoid keeping a list of all the witnesses it spoke with that might otherwise be discoverable by Shestakov; usually the government only has to provide details about witnesses who will testify.

The other dispute pertains to how discovery material must be treated — language that is, on its face, meant to prevent defendants from tweeting about confidential discovery information.

That sentence provides: “The defense shall not post any Disclosure Material on any Internet site or network site, including any social media site such as Facebook or Twitter, to which persons other than the parties hereto have access, and shall not disclose any Disclosure Material to the media or the public other than when such material becomes part of the public record in connection with court filings and court proceedings or as otherwise set forth herein.”

The government’s response is not as direct to this point. To Shestakov’s complaint that the government might leak (a complaint Glavin made repeatedly during the Cuomo case), the government responded only that he doesn’t have authority to complain in public.

More to the point, to the extent Shestakov has explained his objections to the challenged terms in the proposed order, those objections are not valid. In objecting to paragraph 3, for instance, counsel has told us that she will not agree to unilateral restrictions because she believes there is a risk that the Government will leak discovery material publicly. Courts have squarely rejected that argument. A defendant has no right to use discovery materials to influence public opinion about, or media coverage of, his case; as a result, the desire to publicly respond to perceived wrongs by the Government is no basis to oppose or modify a protective order. See, e.g., Smith, 985 F. Supp. 2d at 540; United States v. Lindh, 198 F. Supp. 2d 739, 743 (E.D. Va. 2002). If Shestakov takes issue with public statements made by the Government, the remedy is supplied by Local Criminal Rule 23.1—which binds the Government and the defense alike—and there is no need to modify the proposed protective order.

Still, SDNY’s response that the Local Rules on extrajudicial statements would cover this does address why reciprocity here is sort of meaningless: SDNY is not going to comment outside of court proceedings unless they make a press statement at one of the milestones of a case, like the indictment, trial verdict, or sentencing. It violates not just local rules, but also DOJ rules.

That said, SDNY (or DOJ generally) might have cause to issue press releases on topics covered by the discovery in the case in other matters, such as the milestone of someone else charged in matters pertaining to Oleg Deripaska, or even new charges pertaining to him. That may be one unspoken reason why SDNY is balking at Shestakov’s complaint, though the main one is the likely the way in which the language might prohibit information sharing within the US government.

The government provides three reasons for the protective order in this case: two are to protect the identities of witnesses and the privacy interests of those whose materials are included in the discovery, which are, again, quite routine.

SDNY also cites the need to protect unclassified information about sanctions on oligarchs, Russia’s influence efforts, and documents relating to efforts to surveil them.

First, the materials include, among other things, information pertaining to the imposition of sanctions on Russian oligarchs, information from various sources about potential Russian influence in the United States, and documents relating to law enforcement’s surveillance efforts. None of the materials that will be subject to this protective order are classified—the Government has determined that they can appropriately be produced to the defendants in order to comply with the Government’s discovery obligations—but there would still be law enforcement consequences to their public disclosure.

This is the kind of stuff that SDNY — or other parts of the government — might have cause to include in other press releases, unrelated to this case.

It’s all unclassified, SDNY says.

It’s not surprising that SDNY would build a FARA and sanctions case around unclassified information. On its face, the indictment relies on emails between Shestakov and McGonigal, Evgeny Fokin, the NYPD, and the law firm involved in trying to reverse sanctions, Kobre & Kim, records pertaining to the payments alleged to have been laundered from a bank in Cyprus through a New Jersey company, as well as records pertaining to subcontractors McGonigal employed (in a repeat of Christopher Steele) to investigate a Deripaska rival.

But the indictment is tailored to avoid other, more interesting and potentially classified discovery. The indictment doesn’t charge Fokin, for example, which would implicate any communications he had directly with Deripaska and others.

FARA and sanctions violations provide crimes that are readily chargeable when other crimes — which may or may not be implicated here — would impose onerous discovery requirements on the government. The fact that SDNY maintains all the discovery in this case is unclassified is important background to questions about what more the government knows about McGonigal’s actions: by design, they’re not going to tell as part of this prosecution.

All that’s important background for the other reason I’m intrigued by an entirely unexceptional protective order dispute. As SDNY’s letter describes, between January 24 and February 6, SDNY and McGonigal’s legal team, which includes former Bill Barr aide Seth DuCharme, resolved their own “modifications” to the protective order.

The defendants were each arrested on January 21, 2023, and were presented before Magistrate Judge Sarah L. Cave on January 23, 2023. The next day, the Government proposed a standard protective order, based on those routinely used in this District, to counsel for both defendants. Over the ensuing days, the Government repeatedly discussed the proposed protective order with McGonigal’s counsel, and agreed to make certain modifications based on those discussions. The Government and McGonigal’s counsel reached agreement on a protective order with the terms contained in Exhibit A, and on February 6, 2023, McGonigal’s counsel returned a signed copy of the order.

Two days after the government and McGonigal’s team resolved their own protective order issues (which also happens to be two days after Shestakov’s legal team filed their notice of appearance, so before substantive discussions would have begun between SDNY and Glavin), SDNY triggered the CIPA process. Among other things, the CIPA process will give SDNY a chance to argue that other classified discovery can be withheld from the defendants if it is not relevant and helpful to their defense.

Some such classified material McGonigal would know about personally. As the indictment itself notes, while still at the FBI, McGonigal had access to information on investigations of Russian oligarchs.

As SAC, McGONIGAL served as the Special Agent in Charge (“SAC”) of the Counterintelligence Division of the FBI’s New York Field Office. As SAC, McGONIGAL supervised and participated in investigations of Russian oligarchs, including Deripaska. Among other things, in 2018, McGONIGAL, while acting as SAC, received and reviewed a then-classified list of Russian oligarchs with close ties to the Kremlin who would be considered for sanctions to be imposed as a result of Russia’s 2014 conflict with Ukraine.

This list is no longer classified. But other materials McGonigal had access to while still at FBI undoubtedly are, including materials pertaining to the investigation of Deripaska’s role in the 2016 election interference operation.

And it’s not just these issues that McGonigal might know exist and might want to demand. According to Mattathias Schwartz, the investigation into McGonigal didn’t stem from the tip that his disgruntled mistress, Guerriero, gave to the head of NY’s FBI in 2019. Starting in 2018, the Brits were aware that McGonigal had suspect meetings with an unidentified Russian in London.

In 2018, Charles McGonigal, the FBI’s former New York spy chief, traveled to London where he met with a Russian contact who was under surveillance by British authorities, two US intelligence sources told Insider.

The British were alarmed enough by the meeting to alert the FBI’s legal attaché, who was stationed at the US Embassy. The FBI then used the surreptitious meeting as part of their basis to open an investigation into McGonigal, one of the two sources said.

Whenever the Brits picked this up (and subsequent meetings that Schwartz notes were referenced in the indictment), they would have happened before or during the time that DuCharme played a key role at DOJ, first as Barr’s counsel and then as PADAG. As I keep noting, DuCharme was centrally involved in Barr’s extensive efforts to prevent Rudy Giuliani — a close friend of McGonigal’s ex-mistress — from being prosecuted for his own dalliances with Russian agents. It is inconceivable that a senior FBI agent was under suspicion for suspect meetings with Deripaska or his associates and the matter wouldn’t arise to Barr and Jeffrey Rosen’s level. And DuCharme was personally involved in exceptional interference in investigations of Russia agents.

Even just based on his own knowledge of sensitive information pertaining to Russian investigations, McGonigal had the means to make this prosecution difficult, by demanding classified information he accessed while still at FBI, perhaps to argue that he had reason to believe that Deripaska was really just a nice guy who didn’t deserved to be sanctioned.

But DuCharme’s knowledge of such information would surely be even fresher than McGonigal’s. Indeed, given the reported tip from the Brits in 2018, DuCharme is likely to have firsthand knowledge pertaining to issues relating to McGonigal that might not otherwise be included among discovery (for example, of discussions among Russians about McGonigal that McGonigal himself would not be privy to). DuCharme likely knows what DOJ knew about McGonigal’s ties to Deripaska at least through the time he moved back to EDNY in July 2020, and at EDNY DuCharme would have presided over other sensitive Russian investigations, including the one into Andrii Derkach.

DOJ has not, at least not yet, triggered CIPA in the DC case. But it likely doesn’t have as much sensitive information about — and as much sensitivity surrounding — information on the Albanians involved in that case.

Given their shared knowledge of matters relating to Deripaska, McGonigal and DuCharme may make the prosecution plenty difficult as it is in SDNY.

Earlier posts

[From Rayne] The Other Albanian Stuff

A Close Rudy Giuliani Associate Alerted FBI’s Assistant Director to Charles McGonigal’s Alleged Albanian Graft

No, Charles McGonigal Likely Isn’t Responsible for that Part of the Russian Investigation You Hate

Former FBI SAC Charles McGonigal Indicted for Crimes Spanning from 2017 to 2021

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The Other Albanian Stuff

[NB: check the byline, thanks. This post contains some speculative content. /~Rayne]

Albania is a tiny country. Its population is a little smaller than that of Kansas, all living in a land mass the size of Massachusetts or Hawaii. The U.S. has six counties which are larger in area, and six which are larger in population.

It seems rather odd that two different stories related to Rudy Giuliani happened to involve Albania given its relative size.

While Giuliani was politicking an exiled Iranian dissident/terrorist group each year, often in Albania where the exiles waited regime change, an FBI special agent was schmoozing Albanians about oil drilling rights among other things.

What are the chances these two story arcs are wholly unrelated?

Items in the following timeline related to Charles McGonigal including some related to Russia are in italics; Albanian-specific items are noted in boldface.

– – –

2014-2019 — Giuliani met with the People’s Mojahedin Organization of Iran, or Mojahedin-e-Khalq Organization (MEK) at least once each year; he never registered under FARA, appearing at MEK-related events in Poland, Albania, Paris and Washington (NBC News, Oct 2019)

– – –

April 2017 — Approximate time relationship between then-Special Agent Charles McGonigal and Allison Guerriero began (earliest date of requested documents from Nov. 2021 subpoena)

Spring 2017 — Giuliani and ally Michael Mukasey met with Iranian dissident group MEK.

01-JUL-2017 — John Bolton met with MEK members in Paris, advocating Trump admin push for regime change in Iran.

17-JUL-2017 — John Bolton tweeted, “Withdrawing from the Iran #NuclearDeal should be a top @realDonaldTrump administration priority.”

05-SEP-2017 — Date given in the DC District indictment for second count against McGonigal, for false statements under 18 USC 1001(a)(2), related to filing of an FD-772b for travel beginning two days later.

07-SEP-2017 — McGonigal met with Person A and negotiated terms of compensation; he traveled by air with Person A to Albania, met Person B and other foreign nationals.

09-SEP-2017 — McGonigal met with Person B and Albania‘s Prime Minister, during which McGonigal lobbied against Albania awarding oil field drilling licenses to Russian front companies. Person A and Person B both had financial interests in Albania‘s award decision.

September 2017 — While in Albania, Person A introduced McGonigal to an Albanian businessperson/politician who asked McGonigal to launch an investigation into an alleged plot to kill the Albanian businessperson/politician.

10-SEP-2017 — McGonigal traveled with Person A and others, from Albania to Kosovo. He met a Kosovar politician. McGonigal then returned to the US with Person A, traveling together.

September 2017 — McGonigal continued a relationship with Albania‘s prime minister after returning from Albania.

Fall 2017 — McGonigal received cash from Person A at Person A’s residence in separate payments of $80,000 and $65,000. McGonigal told Person A the money would be paid back.

05-OCT-2017 — Allison Guerriero saw “a bag full of cash” in FBI’s SA Charles McGonigal’s Park Slope apartment.

16-OCT-2017 — Date given for third count against McGonigal, for false statements under 18 USC 1001(a)(2), related to filing of an FD-772b.

15-NOV-2017Date given for fourth count against McGonigal, for false statements under 18 USC 1001(a)(2). McGonigal submitted a false FD-772 in advance of “official” travel to Austria. He did not disclose Person A was traveling with him; he did not indicate travel expenses would be covered by another party; he did not indicate he would be traveling to Albania as well as Austria; he did not disclose any other expected foreign contacts.

17-NOV-2017 — McGonigal flew to Austria.

18-NOV-2017 — With Person A acting as an interpreter, McGonigal along with a DOJ prosecutor (?!) interviewed the Albanian businessperson/politician McGonigal met in September. McGonigal did not submit paperwork for authorization of interpreter services or their payment, nor was an official FBI record filed of the interview.

18-NOV-2017 — McGonigal and Person A traveled from Austria to Albania after the interview, meeting again with the Albanian businessperson/politician. No DOJ prosecutor was present. The Albanian businessperson/politician discussed business opportunities with McGonigal and Person A.

21-NOV-2017 — McGonigal flew from Albania to Austria and then the US. Neither McGonigal nor the FBI paid for his lodging during his stay in Albania.

24-NOV-2017 — McGonigal received information from Person B about a US citizen registered to lobby on behalf of a Albanian political party in opposition to the Albanian PM’s party.

25-NOV-2017 — McGonigal informed the DOJ prosecutor involved in the November 18 interview of a potential new criminal investigation involving the US citizen who was a lobbyist for an Albanian opposition party.

December 2017 — Washington DC: McGonigal dined with Person A and Albanian government officials. New York City: McGonigal dined with Person A and Albania‘s PM.

– – –

04-JAN-2018 — McGonigal received information from Person A about the Albanian opposition party’s US citizen-lobbyist. He forwarded the information to another FBI NY special agent on 05-JAN-2018.

22-JAN-2018 — Date given for fifth count against McGonigal, for false statements under 18 USC 1001(a)(2). McGonigal filed a false FD-772b about the November trip to Austria. He did not report his trip to Albania; he did not report his meeting with Person B or Albania‘s PM; he did not report he had disclosed his FBI employment to foreign nationals on non-FBI business.

21-FEB-2018 — Through 24-FEB, McGonigal traveled with Person A to Albania without reporting the trip on FD-772 or FD-772b forms.

26-FEB-2018 — FBI-NY opened a criminal investigation into the Albanian opposition party’s US citizen-lobbyist at McGonigal’s request. FBI-NY later identified Person A as a confidential human source for the investigation; Person A provided information during the investigation. At a later date, Person B helped facilitate a meeting between FBI-NY and witnesses in Europe, including paying for witness travel expenses. McGonigal did not report his relationship with Person A, nor did he report contacts with Person B on form FD-981 as required.

04-MAR-2018 — McGonigal shared a meal with Person A, Albania‘s PM, a former FBI special agent who then worked at an international professional services firm and others in Washington DC.

20-MAR-2018 — Giuliani met with MEK leader Rajavi at MEK event in Tirana, Albania.

22-MAR-2018 — Trump announced by tweet that John Bolton would become National Security Adviser.

06-APR-2018 — Treasury Dept. identifies Russian oligarch Oleg Deripaska as a Specially Designated National (SDN) subject to sanctions.

09-APR-2018 — John Bolton began as National Security Adviser.

26-APR-2018 — Through May 2, McGonigal traveled with Person A to Europe including Albania; he did not report the travel on FD-772 or FD-772b forms.

27-APR-2018 — McGonigal met with Person C (a national of Bosnia and Herzegovina) and Person D (a national of Bosnia and Herzegovina) in Germany. C and D asked to meet with the US Ambassador to the United Nations or another high-level US govt. official to request US support for a political purpose affecting Bosnia and Herzegovina.

08-MAY-2018 — McGonigal asked FBI’s liaison to UN for assistance arranging a meeting requested by Person C and Person D.

08-MAY-2018 — Trump unilaterally exited the P5+1 JCPOA agreement with Iran.

09-MAY-2018 — US to reimpose sanctions on Iran — 180-day countdown to implementation began.

Spring-Summer 2018 — Deripaska’s connection, former translator for Russian Federation’s Ministry of Foreign Affairs Sergey Shestakov, asks McGonigal to help Agent-1 obtain an internship for Agent-1’s daughter in counterterror/intel/international relations. McGonigal agreed.

10-JUN-2018 — Date given for sixth count against McGonigal, for false statements under 18 USC 1001(a)(2). Until May 2019, McGonigal created and submitted a false OGE-278 report which failed to include $225,000 in payments from Person A. An eighth count was charged under 18 USC 1519 for falsification of a record or document.

25-JUN-2018 — McGonigal proposed to Person A that Person A and Company A contract with Person D and Person D’s pharma company, by which Company A would be paid $500,000 by Person D and their pharma company (located in Bosnia and Herzegovina) in exchange for arranging a meeting between Person D’s pharmaco and a US delegation rep to the UN.

28/30-JUN-2018 — German, French and Belgian police broke up an assassination/terror plot to set off an explosive device at an MEK gathering in Paris. Iranian intelligence (MOIS) was believed to be behind the plot; Giuliani had been in attendance at the event. Four Iranians were eventually arrested including Assadollah Assadi, an Iranian intelligence officer assigned to Vienna under diplomatic cover.

01-JUL-2018 — McGonigal sent electronic message to Person A confirming he resent proposed contract, asking Person A to protect his name.

03-JUL-2018 — Iran’s President Hassan Rouhani traveled to Switzerland and Austria to attempt to salvage the JCPOA.

18-JUL-2018 — Person A proposed the contract to Person D as described on 25-JUN.

26-JUL-2018 — McGonigal provided to FBI’s UN liaison dates proposed for a meeting requested by Persons C and D.

06-AUG-2018 — First series of sanctions reengaged and next 180-day countdown began.

13-AUG-2018 — During a meeting, McGonigal provided information to a senior official for US delegation to UN about the meeting request by Persons C and D. McGonigal didn’t disclose Person A’s financial interest or McGonigal’s financial relationship with Person A.

22-AUG-2018 — Giuliani lobbied Romania on behalf of Freeh Group; Freeh’s client was not specified. Giuliani’s letter was in opposition to U.S. State Dept. policy on Romanian anticorruption efforts.[1]

September 2018 — Charles McGonigal left FBI and began working as Senior VP at Brookfield Properties, a subsidiary of Brookfield Asset Management which is owned in part by Qatar. Brookfield signed a 99-year lease on Jared Kushner’s 666 5th Avenue building in August 2018.

04-NOV-2018 — Second series of sanctions reengaged including purchasing fossil fuels from Iranian oil companies.

Late 2018 — McGonigal broke up with Guerriero. “A few months later” she ratted on McGonigal to William Sweeney, FBI-NY office.

– – –

2019 — Shestakov and McGonigal introduced Agent-1 to an international law firm so that Agent-1 could work to have Deripaska delisted as an SDN, lifting sanctions. Throughout the year, McGonigal traveled to meet Deripaska in London and Vienna at Deripaska’s residences. The law firm was to pay McGonigal $25,000 out of $175,000 it received for its services to Agent-1.

XX-FEB-2019 — Trump discussed replacements for DNI.

06-MAY-2019 — Date given for first count against McGonigal, for concealment of material facts under 18 USC 1001(a)(1) for filing false forms FD-772, FD-772b, FD-981, and OGE-278 which did not include information about his travel, compensation for travel-related expenses, relationships with foreign nationals, and the $225,000 received from Person A. The OGE-278 filed after his retirement was submitted this date for which a seventh count was charged under 18 USC 1001(a)(2). A ninth count was charged under 18 USC 1519 for falsification of a record or document.

20-JUN-2019 — In retaliation for downing a U.S. drone, Trump approved strikes on Iran which were abruptly aborted.

11-JUL-2019 — Giuliani spoke to MEK in Albania and met with its leader Maryam Rajavi.

28-JUL-2019 — Director of National Intelligence Dan Coats’ departure and John Ratcliffe nominated as replacement announced by Trump via Twitter. (Ratcliffe later removed himself from consideration.)

08-AUG-2019 — Primary Deputy Director DNI Sue Gordon resigned effective 15-AUG-2019, without additional prior notice, as ordered. Resignation letter without handwritten note.

15-AUG-2019 — Coats’ last day as DNI.

30-AUG-2019 — Trump tweeted a high-resolution satellite image of Iran’s failed Safir SLV launch while claiming the U.S. was not involved. The image may have been classified and ‘insta-declassified’ by Trump.

09-SEP-2019 — Trump asked for Bolton’s resignation and tweeted about it the next morning.

10-SEP-2019 — Bolton tells Fox’s Brian Kilmeade by text that he quit.

11-SEP-2019 — Bloomberg reported Bolton pushed back Monday-Tuesday at Trump over Iran sanctions; Bolton wanted maximum pressure while Trump wanted to encourage a meeting with Iran’s Rouhani later in September.

20-SEP-2019 — Mukasey registers as representative for MEK, claiming no compensation for this work; Giuliani remains unregistered.

27-DEC-2019 — K1 military base in/near Kirkuk, Iraq attacked by Kataib Hezbollah, a group linked to Iran. The group denied responsibility. A US contractor was killed and US soldiers wounded.

29-DEC-2019 — Trump ordered retaliatory airstrikes in western Iraq and eastern Syria targeting Kataib Hezbollah’s locations.

30-DEC-2019 — While golfing, Trump told Sen. Lindsey Graham about a plan to assassinate Iran’s Gen. Soleimani.

31-DEC-2019 — US Embassy-Baghdad stormed by Kataib Hezbollah. Sen. Graham tweets about meeting with Trump regarding the embassy.

31-DEC-2019 — Trump threatens Iran by tweet.

– – –

02-JAN-2020 — Trump authorizes assassination of Iran’s General Soleimani by missile strike.

March 2020 — Law firm and McGonigal’s work on behalf of Agent-1 ended.

– – –

Spring 2021 — Agent-1 negotiated with Shestakov and McGonigal to work directly for Deripaska on sanctioned matters, bypassing the law firm.

August 2021 — McGonigal, Shestakov, and Agent-1 drafted a contract for business intelligence services paid to an intermediary corporation owned by McGonigal’s “friend” who then paid McGonigal.

November 2021DOJ investigation of McGonigal underway; Guerriero received a subpoena.

– – –

Early Jan 2022 — McGonigal left employment at Brookfield.

Mid-July 2022 — Albania suffered a serious cyberattack for which it blamed Iranian groups.

07-SEP-2022 — Albania severed diplomatic ties with Iran over the cyberattacks; it had considered invoking Article 5 as a member of NATO.

– – –

I couldn’t help think of the relationship between Albania and Iran during the last week of January when an Iranian military industrial facility located in Isfahan province was attacked by drones which appeared to be under Israeli control.

The possibility crossed my mind that all of this effort with McGonigal working for Russians and Albanian opposition, and Giuliani and Bolton propping up MEK against Iran was intended to squeeze Albania between larger geopolitical players, possibly spreading destabilization to other neighboring countries. Montenegro, for one, has been under various forms of pressure for years by Russia because of its accession to NATO against which Russia pushed back.

Nor could I help but think of crude oil and gas market price fluctuations[2], and the threat to the EU due to Russia’s war on Ukraine and subsequent sanctions on Russia.

 

Where Albania fits into that picture along with Bosnia and Herzegovina, and with Romania, is the Southern Gas Corridor running from Azerbaijan through Turkey and finally through Albania, with a leg to the north from Turkey through Bulgaria and Romania to Ukraine.

Have Giuliani and McGonigal been used to increase instability in Albania in order to disrupt gas distribution to NATO member states in EU?

Have both of these corrupt hacks been used to increase instability in Albania to put pressure on a couple of the smallest NATO members, including Albania’s neighbor Montenegro which also plays a role in gas pipelines to EU states?

_________

[1] This item added because it seems like such an odd item. Tirana, Albania is a four-hour flight from Bucharest, Romania, though.

[2] This is a guesstimated amount Putin/Russian oil companies lost after Obama eased sanctions on Iranian oil during P5+1 JCPOA negotiations until the eventual implementation of the JCPOA. It does not include the amount lost after implementation.

8614.21 BBL/D/1K x 7 days x 73 weeks x -$45/BBL =

(8614.21 x 1000) x (511 days) x -$45/BBL =

-$198,083,758,950 lost

Based on average daily production 1992-2022 (see: https://tradingeconomics.com/russia/crude-oil-production) and at one-half the difference between WTI’s highest price in June 2014 and its price in January 2016.

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A Close Rudy Giuliani Associate Alerted FBI’s Assistant Director to Charles McGonigal’s Alleged Albanian Graft

I know of two journalists who had reported on parts of the charges against former FBI Special Agent in Charge Charles McGonigal before he was indicted: In December 2021, Scott Stedman (with an assist from Wendy Siegelman) reported on the relationship between McGonigal, Oleg Deripaska, Sergey Shestakov, and Yevgenyi Fokin that was disclosed in a November 29, 2021 FARA filing.

And in September 2022, Mattathias Schwartz reported on a subpoena that (this was made more clear later) had been served ten months earlier, in November 2021. In the story, Schwartz claimed the documents he had in hand showed that McGonigal was under investigation for his Deripaska ties, which he only substantiated with a link to the FARA filing. The story itself pertained entirely to the Albanian side of the investigation, based off that subpoena, part of which he published.

Schwartz published that story a month after he won a lot of attention for getting Paul Manafort to confirm on the record the cover story someone had fed a NYT team including Maggie Haberman and Ken Vogel in February 2019: that Manafort had shared (just) campaign data with Konstantin Kilimnik. When first published in 2019, that cover story successfully distracted attention from outlines of a more substantive exchange pitched by Deripaska associate Kilimnik at an August 2, 2016 cigar bar meeting (and, indeed, from Deripaska’s involvement generally).

Manafort’s calendar showed that before he went to that meeting on August 2, 2016, he met with Trump and Rudy Giuliani. And while Manafort was serving his abbreviated prison term, Rudy reportedly consulted with him about his efforts to dig up dirt helpful to Trump.

In the wake of McGonigal’s indictments, Schwartz wrote a story about the person that he all but confirms was the one who received the subpoena: Allison Guerriero, who had a year-plus long affair with McGonigal that started sometime before October 2017 and lasted until late 2018, past the time McGonigal retired from the FBI in September 2018. According to the story, their relationship covered the most important period of the corruption described in the two indictments against McGonigal (meetings with Albania in the the DC indictment start in August 2017 and end in August 2018; favors for a Deripaska agent described in the SDNY indictment start in spring 2018; the favors continued through 2021, at which point the investigation into Deripaska had become overt).

In fact, Schwartz suggests that Guerriero may have tipped off FBI’s Assistant Director William Sweeney to McGonigal’s corruption in a drunken act of revenge after the affair ended.

In late 2018, McGonigal and Guerriero broke up. She remembers receiving an anonymous and hostile note in the mail. Soon after, McGonigal told her he was still married and had no plans to divorce his wife. “I was shocked,” she said. “I was very much in love with him, and I was so hurt.” She started drinking heavily to cope. A few months later, Guerriero, after a bout of drinking, dashed off an angry email to William Sweeney, who was in charge of the FBI’s New York City bureau, and who, she recalls, had first introduced her to McGonigal. She remembers telling Sweeney in the email that he should look into their extramarital affair, and also McGonigal’s dealings in Albania. McGonigal had already befriended Albania’s prime minister and traveled to the country extensively, dealings that would appear later in one of his indictments. Guerriero told Insider that she had deleted the email.

As Schwartz describes it, Guerriero told Sweeney he should look at not just McGonigal’s ties to Albania but also their affair, which is a nutty thing to say to an FBI official.

It’s a weird claim, because elsewhere, the story implies that Guerriero believed McGonigal’s stories about why he had bags of cash lying around, including a bag of cash that (Schwartz convincingly argues) is likely the one McGonigal is accused of receiving in a parked car on October 5, 2017.

That day in October wasn’t the only time that Guerriero remembers McGonigal carrying large amounts of cash. After he brushed her curiosity aside, she tempered her suspicions. She told herself it was probably “buy money” for a sting operation, or a payoff for one of McGonigal’s informants.

The story never describes that Guerriero learned of McGonigal’s ties to Albania, much less how or when she learned about them. And yet one takeaway from the story is that she might be the source of the entire investigation into her former boyfriend.

If she did send that email, it’s virtually certain an Assistant Director of the FBI would not delete it.

Schwartz describes Guerriero as,

a former substitute kindergarten teacher who volunteered for law-enforcement causes and was working as a contractor for a security company while living at home with her father.

The Facebook page for the charity for which she works shows the kind of NY law enforcement people she networks with.

Which partly explains the really remarkable detail about Guerriero. She’s close enough with Rudy Giuliani — who was himself being cultivated by Russian assets during the same period that McGonigal was — that the by-then discredited mayor put her up in his guest room after she suffered a burn injury in 2021.

Guerriero’s troubles worsened in early 2021, when she was badly burned during a fire at her father’s house. She asked friends for help through a GoFundMe. Former Mayor Rudy Giuliani of New York City, whom she knew from law-enforcement circles, let her stay in a guest bedroom. Since then, Guerriero has been a frequent on-air caller for Giuliani’s radio shows. She maintains that the 2020 election was marred by widespread voter fraud, a belief pushed by Giuliani that has been repeatedly debunked. “Whatever Giuliani says about the 2020 election is what I believe,” she said.

What a small world, that the woman who may have triggered the investigation into McGonigal was staying with Rudy as the investigation developed? Presumably, for example, some of Guerriero’s communications with Rudy would have been found on his phones after they were seized in April 2021 (though the investigation into McGonigal was already very advanced by the time the FBI actually started getting any communications from Rudy’s phones in November 2021, and emails with Guerriero would be out of scope of any known or suspected warrant targeting Rudy).

Schwartz doesn’t pursue the fact that McGonigal has such close ties to Rudy, though the connection would be even more interesting if McGonigal’s role in the Trump Russian investigation were as central as Schwartz presented it (he’s not alone in overstating McGonigal’s known role).

But there are two additional reasons the detail is particularly interesting.

First, as noted, Schwartz published part of the subpoena that, this second story clarifies, Guerriero received in November 2021.

Regardless, by November 2021, the FBI was looking into McGonigal. Two agents showed up at Guerriero’s door, she says, showed her a picture of McGonigal with the Albanian prime minister, and interviewed her about their interactions. She also received a grand-jury subpoena requesting all of her communications with McGonigal as well as information about any “payments or gifts” he may have given her.

It tracks the DC indictment closely (and was sent by the LA-based team investigating it). Four bullets ask for information about the Albanians that are the central focus of the indictment. Bullet f references McGonigal’s ties to Kosovo, which show up in ¶28 of the indictment. Bullet h and i ask for information on the Bosnians who appear in ¶¶45, 46 and 48 of the indictment; bullet j asks for information about the alleged access peddling to the UN described in ¶¶50-52 of the indictment.

But the subpoena — bullet g — asks about another country, Montenegro, where much of Deripaska and Manafort’s long history began and where Deripaska was still allegedly interfering as late as 2016. If Montenegro shows up in the indictment at all, it’s only as one of the other locations in Europe to which McGonigal was traveling with his Albanian contact (for example, a spring 2018 trip described in ¶44). That may simply reflect Montenegro’s relative import in McGonigal’s paid travel, the quality of evidence, or maybe DOJ didn’t want to include it for some other reason. But if Montenegro were a key part of McGonigal’s Balkans travels — on which, ¶22 of the indictment makes clear, he worked to persuade Albania not to sign oil contracts with Russian front companies — it would put him in a country where Deripaska likely still has a rich network of sources.

In any case, the only other thing that doesn’t map directly from the subpoena to the indictment are any payments or gifts McGonigal gave to Guerriero. The DC indictment never explained why, “no later than August 2017,” McGonigal allegedly asked his Albanian contact if he could provide him money, but Schwartz’ story reveals that the indicted former SAC was giving Guerriero gifts of cash and taking her to high-end restaurants during their affair, which started at least by October 2017 (her subpoena asked for records going back to April 2017). The indictment never mentions her, but the affair with her may explain part of McGonigal’s urgent need for cash in September 2017, something that would make McGonigal ripe to compromise by anyone who learned of it.

As I noted earlier, there’s one more remarkable player in this little network that includes Rudy Giuliani: Seth DuCharme, who spent much of the last year of the Trump Administration implementing Bill Barr’s bureaucratic efforts to ensure that Rudy Giuliani would not be prosecuted for his efforts to obtain benefit for Trump — including, but not limited to, dirt on Hunter Biden — from people that included several suspected Russian agents. DuCharme, who works at Rudy’s former firm, Bracewell, is part of the team representing McGonigal.

And to the extent that Guerriero is one of the witnesses from whom DOJ learned the specifics about how much cash McGonigal received in bags in parked cars (though, again, Schwartz’ story is inconsistent about whether she knew none of that or whether she knew enough to tip off William Sweeney) it would be part of DuCharme’s job to discredit Rudy’s former houseguest as a witness. He would do so, presumably, by pointing to all the things Guerriero told Schwartz she regrets, including harassment of McGonigal’s family that was serious enough to merit restraining orders in two states.

By her own account, Guerriero contacted one of McGonigal’s children despite being prohibited from doing so by a court order, an incident that led to her spending the night in a New Jersey jail. The court order stemmed from a 2019 police report, obtained by Insider, that McGonigal’s wife, Pamela, filed with the Montgomery County Police Department in Maryland. The report states that McGonigal and Guerriero “had a relationship” and that Guerriero had repeatedly harassed her with unwelcome emails and phone calls — including 20 calls in one day — despite her asking Guerriero to stop.

Guerriero confirmed that her contact with the McGonigal family led to a separate restraining order issued in New Jersey. “I am ashamed and embarrassed and sorry for my actions during the time that I was drinking,” she said.

In Schwartz’ story, Guerriero doesn’t say she regrets that email to Sweeney, which could well have sparked this entire investigation. She regrets the harassment of McGonigal’s family, which might come out if she were called as a witness.

All of which may provide insight into why the DC case against McGongial is charged as it is. Among the overt acts of which McGonigal is accused in DC are:

  • Networking with representatives of the government of Albania in late 2017 and early 2018 during the period when he used information from them to launch an investigation against the US citizen lobbyist for their rival.
  • Proposing that his prime Albanian contact be paid $500,000 (which may have been meant as repayment of money the Albanian gave McGonigal in 2017) to set up a high level UN meeting for some Bosnians.

Both of these overt acts could be charged under FARA and the Albanian tie, at least, could well have been charged under 18 USC 951. But McGonigal would likely offer the same kind of defense that Tom Barrack did in his EDNY trial: when McGonigal counseled the Albanian Prime Minister not to sign oil contracts with Russian on September 9, 2017, he could easily argue, he did so because he was genuinely opposed to Russian influence and not because he was seeking a benefit for his key Albanian contact.

Instead, DOJ charged him with inadequate disclosure to the FBI on forms FD-772b and OGE-278, with each inadequate disclosure charged as a false statement under either 18 USC 1001 or 1519 (though I don’t understand why McGonigal would not immediately challenge the three of the charges tied to filings submitted more than five years ago, especially if FBI had notice of all this in 2018). The 1001 charges would normally only get a few months sentence, though with a sentencing enhancement for abusing his official position, and by treating each inadequate disclosure as a separate crime, potential exposure could easily add up to years, or, with a plea deal, it could be pitched as “process crimes” meriting just months of prison time.

Charging it that way not only gives DC USAO more flexibility in plea discussions.

It would also make it a “paper case,” something that depends largely on documentation rather than the credibility of a witness like McGonigal’s primary Albanian contact (who seems to have told FBI that the cash payments were loans, not payments) or Guerriero. For each false form McGonigal submitted, DOJ will only have to show where he traveled, how his travel was paid, and that he didn’t properly disclose it. It would rely on travel records and bank statements and not the testimony of a witness who harassed McGonigal’s family out of jealousy.

I don’t want to make too much of Schwartz’ revelation that a key witness against McGonigal was staying in Rudy’s guest room as the investigation developed. Drunken jealousy is all the motive you need to explain her actions (though not, perhaps, inconsistencies about how much of the Albanian graft she knew about).

But once you throw Rudy and Montenegro into the mix, the trajectory on which McGonigal traveled, from arguing against Russian oil contracts in September 2017 to thinking he could manage ties to Deripaska in spring of 2018, gets a lot more interesting.

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No, Charles McGonigal Likely Isn’t Responsible for that Part of the Russian Investigation You Hate

Everyone — whether from a left, right, or frothy perspective — has seized on the arrest of former FBI Special Agent in Charge Charles McGonigal to assume he was responsible for something they don’t like about the Russian investigation: the leaks (attributed to but not exclusively from SDNY) about the Clinton Foundation investigation; the problems on the Carter Page applications and vetting of the Steele dossier; the tanking of the Alfa Bank allegations; some later sabotage of the Mueller investigation.

There’s no reason to believe he was primarily responsible for most of that, and good reason to believe he was not. But he was in a place where he could have tampered in other really serious cases. So I want to lay out what his timeline is, with some comment on how it intersects with key investigations.

Here’s an excerpt from the bio sent out with the October 4, 2016 announcement of his promotion to SAC in NY Field Office.

FBI Director James B. Comey has named Charles McGonigal as the special agent in charge of the Counterintelligence Division for the New York Field Office. Mr. McGonigal most recently served as the section chief of the Cyber-Counterintelligence Coordination Section at FBI Headquarters.

[snip]

In 2014, Mr. McGonigal was promoted to assistant special agent in charge of the Baltimore Field Office’s cyber, counterintelligence, counterespionage, and counterproliferation programs.

[snip]

McGonigal will assume this new role at the end of October.

This 2016 promotion would have put him in New York too late to be a key 2016 leaker; the damage to Hillary had already been done by the time he would have arrived in New York.

He should have had a role in the Alfa Bank investigation, which included both a cyber and a counterintelligence component, though the latter was in Chicago. But his name did not show up (in unredacted form, anyway) in the Michael Sussmann files. Plus, we know what bolloxed that investigation: two cyber agents, Nate Batty and Scott Hellman, who decided the anomaly was nothing even before they had looked at all the data, then kept telling the counterintelligence investigators that too.

McGonigal was in the loop on the Crossfire Hurricane investigation. He had a hand in forwarding the tip from the Australians to DC headquarters. And he was in the vicinity of the Carter Page investigation after it got moved back to New York in January 2017 (in which context he shows up in communications with Jennifer Boone). But at least per the Horowitz Report, he wasn’t a key player.

Because McGonigal was tangential to the above matters — including the successful effort, aided by Sussmann and Rodney Joffe — to kill the early NYT story on the Alfa Bank allegations, he’s probably not the most important player in the October 2016 NYT story every Democrat hates (though his expertise could have made him a source for several of the journalists involved).

He likely was involved in coordination in the early parts of the investigation into the DNC hack (which was investigated in Pittsburgh and San Francisco), including a decision not to open an investigation on Roger Stone, and there were steps not taken in those early days that probably should have been. Perhaps McGonigal is to blame for the fact that, when Jeannie Rhee asked for a briefing on the investigation into the hack-and-leak in 2017, nothing had been done. Ultimately, it did get done though. He was no longer in a position to interfere with the investigation during the key part of it in 2018 (though he likely knew important details about it).

One thing that’s absolutely certain, though: He was in a position to sabotage investigations into Oleg Deripaska, and with him, Paul Manafort. And he would have greatly facilitated Deripaska’s campaign to undermine the Russian investigation with disinformation, which continued beyond 2018. Just as one measure of timing, Deripaska’s column in the Daily Caller was at the beginning of the time when Shestkov was reaching out to McGonigal.

The materials on the SDNY indictment pertaining to Deripaska make it clear that he had accessed sanctions packages pertaining to Deripaska before he left the FBI in 2018.

As SAC, McGonigal supervised and participated in investigations of Russian oligarchs, including Deripaska. Among other things, in 2018, McGONIGAL, while acting as SAC, received and reviewed a then-classified list of Russian oligarchs with close ties to the Kremlin who would be considered for sanctions to be imposed as a result of Russia’s 2014 conflict with Ukraine.

He appears to have leaked that information with the daughter of Agent 1 (believed to be Yevgenyi Fokin).

An NYPD Sergeant assigned to brief Agent-1’s daughter subsequently reported the event to the NYPD and FBI, because, among other reasons, Agent-1’s daughter claimed to have an unusually close relationship to “an FBI agent” who had given her access to confidential FBI files, and it was unusual for a college student to receive such special treatment from the NYPD and FBI.

It seems likely, then, Manafort got visibility onto what the FBI knew about him. And he got it around the same time Konstantin Kilimnik was included in a conspiracy indictment with Paul Manafort in June 2018. He almost certainly got it before the Mueller investigation was over, which hypothetically could have influenced or facilitated Manafort’s effort to thwart DOJ’s investigation.

I have reason to suspect that people associated with McGonigal, if not he himself, have seeded disinformation about Deripaska-related investigations.

McGonigal’s tie to Deripaska and the trajectory of his career would have put him in a position to tamper in other investigations. As noted above, he moved from Baltimore (overseeing matters involving the NSA during years when the materials that would be leaked as part of the Shadow Brokers operation were stolen), to a cyber/CI role in DC, to NYC. The overt acts described in his two indictments (SDNY, DC) only start in 2017, which would suggest he may not have sold out until then.

Except there’s a problem with that: The first overt act in the DC indictment is him asking for money. So it’s not clear when he got started.

August 2017: McGonigal first asks Albanian for money.

September 7, 2017: McGonigal travels to Albania.

October 5, 2017: McGonigal receives $80,000 in a parked car from the Albanian.

November 18, 2017: McGonigal conducts an interview in Vienna with the Albanian acting as translator; the FBI has no record of the interview. Then McGonigal flies to Albania and discusses business with the same witness.

November 25, 2017: McGonigal predicates an investigation into the lobbyist for a rival Albanian politician.

February 28, 2018: McGonigal formally opens investigation into rival Albanian relying on witnesses whose expenses were paid by his source.

March 4, 2018: McGonigal dines with Prime Minister of Albania.

April 27, 2018: McGonigal pitched by two people in Germany to get involved in Bosnian affairs, facilitates an introduction to US Ambassador to UN.

June to August 2018: McGonigal sets up arrangement whereby Bosnian-tied pharma company would pay Albanian $500K to broker UN ties.

Spring-Summer 2018: At Sergey Shestakov’s request, McGonigal sets up Deripaska’s agent’s daughter with an NYPD internship.

September 2018: McGonigal retires from the FBI.

There are a number of key investigations, including some in which Deripaska had tangential interest, on which McGonigal would have had complete visibility. Their compromise would present a grave threat to the country.

They’re not the ones left, right, and frothers are most concerned about though.

Given how DOJ has charged these two indictments (and given the charges they have yet to file), I suspect they will try to get McGonigal to plead to one side and cooperate in the other — in part to unpack everything he did before and after he left the FBI. But even if they do, they’re not going to tell us what he was up to.

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Former FBI SAC Charles McGonigal Indicted for Crimes Spanning from 2017 to 2021

When I said on Saturday that, “I wouldn’t be surprised if there were a few stray indictments [relating to Oleg Deripaska] we haven’t seen yet,” I wasn’t specifically thinking of former Special Agent in Charge of FBI’s New York Counterintelligence Office, Charles McGonigal, who was arrested that same day in SDNY for conspiring to hide that he was working for Deripaska.

Though I had noted Scott Stedman’s report, which itself piggybacked on a Wendy Siegelman catch of a FARA filing from McGonigal’s alleged co-conspirator, Sergey Shestakov, which laid out the relationship.

In fact, DOJ seems to be treating this case — and a DC indictment given less prominence in DOJ’s releases today — as a public integrity prosecution first, and only after that the kind of national security case that the other Deripaska cases have been. That is, this is about how Deripaska and his associates used McGonigal’s alleged corruption to harm national security, and not the way McGonigal made a corrupt decision to work with Deripaska.

DC US Attorney Matthew Graves even suggested that’s the trajectory by which McGonigal came to be working for one of the Russians he should have been hunting. “Covering up your contacts with foreign nationals and hiding your personal financial relationships is a gateway to corruption.”

The DC charges pertain to $225,000 in payments McGonigal took from a former Albanian security official while he was still at the FBI. After taking the payments, McGonigal initiated an investigation into someone lobbying for competing Albanian interests.

According to the nine-count indictment, unsealed today, from August 2017, and continuing through and beyond his retirement from the FBI in September 2018, McGonigal concealed from the FBI the nature of his relationship with a former foreign security officer and businessperson who had ongoing business interests in foreign countries and before foreign governments.  Specifically, McGonigal requested and received at least $225,000 in cash from the individual and traveled abroad with the individual and met with foreign nationals.  The individual later served as an FBI source in a criminal investigation involving foreign political lobbying over which McGonigal had official supervisory responsibility.  McGonigal is accused of engaging in other conduct in his official capacity as an FBI Special Agent in Charge that he believed would benefit the businessperson financially.

Effectively, a top CI official was on the take from someone who then used that influence to take out a rival.

The charges in DC include a bunch of false statements and obstruction counts (though the obstruction could amount to twenty years in prison).

The NY charges accuse McGonigal and Shestakov of working with someone else in an attempt to get Oleg Deripaska’s sanctions lifted.

Even before McGonigal left the FBI, he was doing favors for someone listed as Deripaska’s agent (I’ll come back to him, but I believe his identity, too, is public). Then starting in 2018, McGonigal and Shestakov started working with a law firm, which earlier reporting identified as Kobre & Kim, in an attempt to help Deripaska get his sanctions lifted. Then after K&K stopped pursuing that effort in 2020, McGonigal and Shestakov continued to work for Deripaska, laundering the funds through a Friend (who may be the Albanian, in which case that may be where they discovered the tie to him).

Because of the money laundering in the SDNY indictment, it may in practice include a stiffer sentence than the DC one.

As I said above, on paper (based, in part, on the prosecutors assigned) this is being treated as a public integrity problem that led to a huge counterintelligence one. There’s not even any mention of the KleptoCapture initiative started in response to the Russian war.

But like the Deripaska investigations, I expect this one will continue for a while.

Update: I want to talk a bit about what I mean that these are Public Integrity indictments with a CI twist.

The DC prosecution team consists of two DC USAO attorneys, with the assistance of a senior NSD executive.

The case is being prosecuted by Assistant United States Attorneys Elizabeth Aloi and Michael Friedman of the U.S. Attorney’s Office for the District of Columbia, with assistance from Acting Deputy Chief Evan Turgeon of the DOJ’s National Security Division Counterintelligence and Export Control Section, and the Criminal Division’s Office of International Affairs.

In addition to a bunch of January 6 cases in the last two years, Aloi is on the Navarro team and the case against two guys who pretended to be DHS agents to get close to some FBI agents. Most if not all of her January 6 cases included cooperation agreements. Michael Friedman’s January 6 cases included two involving threats, and two involving movement right wingers, including Zeeker Bozell, the scion of the family.

The DC team seems like one you’d use to try to get McGonigal to cooperate to unwind whatever other fuckery he did at the FBI.

The SDNY prosecution team consists of three public integrity prosecutors and an NSD one.

The case is being prosecuted by the Office’s Public Corruption Unit.  Assistant U.S. Attorneys Hagan Scotten, Rebecca T. Dell, and Derek Wikstrom are in charge of the prosecution with assistance from Trial Attorney Scott A. Claffee of the National Security Division’s Counterintelligence and Export Control Section.

All the SDNY prosecutors have been involved with very large multi-defendant conspiracies. Hagan Scotten was involved in the Rudy Giuliani and Parnas Fruman investigation. Derek Wikstrom was on the Build the Wall (Steve Bannon) team.

Scott Claffee has been involved in some of the highest profile Chinese counterintelligence prosecutions. But he’s also involved in at least one of the other Deripaska-related cases, the one involving dual use sourcing.

But by far the most interesting lawyer involved in this case is McGonigal’s defense attorney: Seth DuCharme, a top Billy Barr aide who was at the center of numerous Barr efforts to protect Trump associates.

Including Rudy.

Especially Rudy.

Finally, a word about timing.

The SDNY indictment came first. That indictment is dated January 12.

That press release hails the Border Patrol, and given that the arrest happened at JFK, that may be why SDNY went first.

DC got its indictment on January 18. That same day there was a sealed document placed in the SDNY docket, perhaps related to the other case

Update: Here’s his bio from when he was promoted to the NY position.

Charles McGonigal Named Special Agent in Charge of the Counterintelligence Division for the New York Field Office

FBI Director James B. Comey has named Charles McGonigal as the special agent in charge of the Counterintelligence Division for the New York Field Office. Mr. McGonigal most recently served as the section chief of the Cyber-Counterintelligence Coordination Section at FBI Headquarters.

Mr. McGonigal entered on duty with the FBI in 1996. He was first assigned to the New York Field Office, where he worked Russian foreign counterintelligence and organized crime matters. During his tenure in New York, Mr. McGonigal worked on the TWA Flight 800 investigation, was assigned to the task force investigating Wen Ho Lee, investigated the 1998 terrorist bombings of the U.S. Embassies in Tanzania and Kenya, and investigated the September 11, 2001 terror attacks.

Following the terrorist attacks on September 11, 2001, Mr. McGonigal was assigned to an investigative response squad, which focused on pending international terrorist threats in the New York City area.

Mr. McGonigal was assigned to the Cleveland Division where he investigated white-collar and violent crime matters. In 2002, Mr. McGonigal was promoted to a supervisory special agent in the Counter-Espionage Section at FBI Headquarters, where he handled several high-profile espionage investigations. In April 2004, Mr. McGonigal was promoted to chief of the Asia-Near East Counterintelligence Unit.

In 2006, Mr. McGonigal was promoted to field supervisor of a counter-espionage squad at the Washington Field Office. In this capacity, Mr. McGonigal was in charge of many high-profile espionage, economic espionage and media leak investigations resulting in criminal prosecution. In 2014, Mr. McGonigal was promoted to assistant special agent in charge of the Baltimore Field Office’s cyber, counterintelligence, counterespionage, and counterproliferation programs. Mr. McGonigal earned a Bachelor of Business Administration degree in 1990 and completed a master’s degree from Johns Hopkins University.

Mr. McGonigal will assume this new role at the end of October.

For those trying to assess whether he was a part of the Russian investigation, he largely missed it. I think he would have been in the loop after he moved to NY, but he didn’t show up in the Sussmann trial.

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Fronting for OVD: A Third Deripaska-Focused Indictment from Late September

DOJ rolled out two sanctions-related indictments targeting Russia yesterday. One, charged in Connecticut, accuses some Latvians and a Ukranian of attempting to purchase and re-export a jig grinder to “individuals in Russia.”

The indictment alleges that, beginning in 2018, Eriks Mamonovs, 33, and Vadims Ananics, 46, both citizens of Latvia who operated CNC Weld, a Latvia-based corporation, conspired with Stanislav Romanyuk, 37, a citizen of Ukraine and resident of Estonia who operated Estonia-based BY Trade OU, and others, including Janis Uzbalis, 46, of Latvia, and individuals in Russia and a Russia-based company, to violate U.S. export laws and regulations and smuggle a jig grinder that was manufactured in Connecticut to Russia. A jig grinder is a high-precision grinding machine system that does not require a license to export to European Union countries, but does require a license for export and reexport to Russia because of its potential application in nuclear proliferation and defense programs. [my emphasis]

The Latvians accused were arrested Tuesday; Ukranian Stanislav Romanyuk was arrested in Estonia on June 13. The actual indictment — described as a superseding indictment — was obtained on July 7, but is not yet publicly docketed.

The other indictment, which was charged in Brooklyn, charges five Russians — one of whom was arrested in Germany, the other in Italy, both on Monday — along with a Spaniard and a Venezuelan, for sanctions violations and money laundering.

Payment for NDA GmbH’s illicit activities was often consummated in U.S. dollars routed through U.S. financial institutions and correspondent bank accounts.  To facilitate these transactions, Orekhov and his coconspirators used fictitious companies, falsified “Know Your Customer” documentation and bank accounts in high-risk jurisdictions, causing U.S. banks to process tens of millions of dollars in violation of U.S. sanctions and other criminal laws.  In one conversation with Soto, Orekhov bragged that “there were no worries…this is the shittiest bank in the Emirates…they pay to everything.”  The scheme also utilized bulk cash drops with couriers in Russia and Latin America, as well as cryptocurrency transfers worth millions of dollars, to effectuate these transactions and launder the proceeds.

It, too, focuses on the military aspect of the scheme — and even claims to have found components obtained through this network on the battlefield in Ukraine.

As alleged, Orekov has served as the part owner, Chief Executive Officer and Managing Director of Nord-Deutsche Industrieanlagenbau GmbH (NDA GmbH), a privately held industrial equipment and commodity trading company located in Hamburg, Germany.  The other owner of NDA GmbH is Artem Uss, the son of the governor of Russia’s Krasnoyarsk Krai region.  Kuzurgasheva served as the Chief Executive Officer of one of the scheme’s shell companies and worked for NDA GmbH under Orekhov.  Using NDA GmbH as a front company, Orekhov and Kuzurgasheva sourced and purchased sensitive military and dual-use technologies from U.S. manufacturers, including advanced semiconductors and microprocessors used in fighter aircraft, missile systems, smart munitions, radar, satellites and other space-based military applications.  These items were shipped to Russian end users, including sanctioned companies controlled by Telegin and Tulyakov, such as Radioavtomatika, Radioexport and Abtronics, that serviced Russia’s defense sector.  Some of the same electronic components obtained through the criminal scheme have been found in Russian weapons platforms seized on the battlefield in Ukraine.

But there’s a significant component of the Brooklyn indictment that focuses on Oleg Deripaska and Rusal. The lead defendant, Yury Orekhov, is described as a former procurement manager for what the indictment makes clear is Deripaska and Rusal. [Note, the indictment variably transliterates his name Orekov and Orekhov; I’ll use the latter.]

OREKHOV previously worked as a procurement manager for a publicly-traded Russian aluminum company (the “Aluminum Company”) controlled by a Russian billionaire and industrialist (the “Oligarch”), an individual whose identity is known to the Grand Jury.

The identify of Rusal (and therefore Derispaska) is confirmed in a paragraph that describes the period of Rusal’s sanctions (which Reuters noted here).

On August 3, 2021, USS sent OREKHOV a draft communication to the Aluminum Company regarding business dealings with NDA GmbH. The letter began, “During the sanctions period, the Company [NDA GmbH] began to supply fuel oil for [the Aluminum Company in Guinea].” Notably, the Aluminum Company was included in the SDN List from on or about April 6, 2018 through on or about January 27, 2019.

For example, Orekhov and Artem Uss are accused of laundering money to purchase oil from Venezuela’s sanctioned PDVSA for the use of Rusal. The indictment cites communications from Orekhov to a trader Juanfe Serrano, referencing the sanctions against Deripaska.

Indeed, as reflected in numerous documents from the Aluminum Company and NDA GmbPI, the defendants YURY OREKOV and ARTEM USS repeatedly purchased oil from PDVSA, causing U.S. financial institutions to process U.S. dollar-denominated payments, and supplied it to the Aluminum Company. For example, in a March 2020 draft letter addressed to a Deputy of the State Duma (one of the chambers of Russian parliament), who was an associate of the Oligarch, NDA GmbH proposed alternate sources of supply for “[Aluminum Company] procurement,” including using a “small, aggressive trader” that “conducts high-risk transactions in the Caribbean region, including with the Venezuelan state-owned company PDVSA, which is under sanctions, [and] has excess profits due to a 40% discount on the selling price of oil.” On or about December 4, 2021, in a series of electronic communications between OREKHOV and the defendant JUAN FERNANDO SERRANO PONCE, OREKHOV wrote, “this is our mother company pasting a link to the Aluminum Company’s website and a link to the Oligarch’s Wikipedia page. OREKHOV stated, “He [the Oligarch] is under sanctions as well. That’s why we [are] acting from this company [NDA GmbH]. As fronting.” SERRANO responded, “My partner also haha … he is very close to the government. He is one of the influence people in Venezuela. Super close to the Vice President.” SERRANO pasted a link showing search results for a Venezuelan lawyer and businessman who was currently wanted by U.S. authorities for bribery and money laundering, an individual whose identity is known to the Grand Jury. Later, in a series of communications between OREKHOV and SERRANO in or about March 2022, OREKHOV sought a “term contract with [PDVSA]” for “1 million [barrels of oil] per month,” and clarified that, “with [the Aluminum Company] it’s an annual contract, every month, every month … this is stable for sure.” [my emphasis]

As described, the smuggling involved spans Germany, Venezuela, Dubai, Malaysia, Panama, China, and Australia, among other countries. Seven US companies are identified. In addition, there’s an Individual 1 tied to a “California-based consulting and logistics company” who met with Orekhov in Europe in 2019.

The entire indictment — and the timeline laid out in the conspiracy part — almost feels like two indictments: one that spans 2018 through January 2020 (when Bill Barr was trying to shut down inconvenient investigations) and a second one that restarted after Russia’s Ukraine invasion.

In two different paragraphs pages apart, the indictment describes a conversation that Uss and Orekhov had on March 30 of this year, after the expanded invasion of Ukraine started. While much of the context seems left out, it seems that Orekhov was getting cold feet on Russia.

28. On March 30, 2022, the defendant YURY OREKHOV asked the defendant ARTEM USS, “Have you decided to leave Russia?” USS joked in response, “[Y]ou want to be an international fugitive? It’s too much.” OREKHOV replied, “[A]nd you? Would you like to? 1 can arrange, very easy.”

[snip]

37. In a March 30, 2022 message exchange between the defendants YURY OREKHOV and ARTEM USS regarding NDA GmbH’s business with the Aluminum Company, USS wrote to OREKHOV, “[I]f you’re serious … I will meet with [the Oligarch’s initials] when 1 return to Moscow . . . and I will convey to him personally your desire to pay off all debt… if you don’t want to work with Russia now and it’s really toxic, then don’t work. I will follow this closely.”

That’s the kind of person who might be willing to make a deal.

As I said above, this is the third indictment of Deripaska-linked figures obtained in late September. The timeline looks like this:

September 21: Deripaska property manager Graham Bonham-Carter indicted in SDNY

September 26: Orekhov et al indicted in EDNY

September 28: Superseding indictment obtained against Olga Shriki, Deripaska, and others

September 29: Deripaska’s US-based associate Shriki arrested

October 11: Bonham-Carter arrested in the UK

October 17: Yury Orekhov and Artem Uss arrested in Germany and Italy, respectively

In less than a month, then, DOJ has charged Deripaska, both a US and UK based manager, and someone involved in illicit procurement for Deripaska and the Russian government, with arrests of those three key associates.

The announcements for all three describe the involvement in National Security Division’s Counterintelligence and Export Control Section — the spying section (the Connecticut announcement lists an NSD trial attorney, but it’s unclear whether he is specifically in the CECS section). The Orekhov indictment even describes that a CECS prosecutor will play a part in the prosecution. That implies DOJ’s interest goes beyond just sanctions violations.

It’s fairly impressive work and no doubt unbelievably complicated coordination, given all the other countries involved. But it feels like there might be a few more things in the work. As noted, while the indictment charging Deripaska personally moves for forfeiture of Deripaska’s three US-based properties, Shriki is not described as the primary person running those properties.

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Oleg Deripaska’s UK-Based Property Manager, Graham Bonham-Carter, Arrested for Extradition

Yesterday, SDNY announced the UK arrest, pursuant to a September 21 indictment, of Graham Bonham-Carter, for sanctions violations relating to his work for Oleg Deripaska. The announcement comes 12 days after the arrest of a US-based Deripaska manager, Olga Shriki. Shriki was charged along with Deripaska himself, his girlfriend Ekaterina Voronina, and a Russian-based manager, Natalia Bardakova via indictment obtained one week after Bonham-Carter’s (the indictment shows it was a superseding indictment, so the original Deripaska indictment likely pre-dates the Bonham-Carter one).

Most of what Bonham-Carter does for Deripaska takes place overseas. He manages Deripaska’s UK based home. And a firm he set up to manage Deripaska’s non-US properties in the wake of the US sanctions on Deripaska in 2018, GBCM Limited, appears to manage Deripaska’s that same London home and those in several other non-US countries.

On or about May 25, 2018, BONHAM-CARTER wrote in an email that “OVD [i.e., Deripaska] wants me to set up my own company to run the [Belgravia Square] house and to possibly include Japan, Italy, China and more.”  Less than two months later, on or about July 17, 2018, BONHAM-CARTER incorporated GBCM Limited.

The US got jurisdiction over Bonham-Carter based off several transactions: First, in 2021, Bonham-Carter allegedly sent a million dollars from a Russian bank held in the name of GBCM to Gracetown, Inc, the company that owns Deripaska’s three properties in the US. Then, from March 2020 to August 2021, Bonham-Carter attempted to get 18 pieces of artwork that had been purchased at a NY auction house by a shell company for Deripaska in 2008 shipped out of the country (when you’re as rich as Deripaska, apparently, you can forget you’ve got expensive artwork warehoused in NY for twelve years until sanctions make that problematic).

Based on these transactions, DOJ charged Bonham-Carter with conspiracy to violate sanctions (it doesn’t say whom he conspired with, but the charge is the same top-line charge in the Deripaska indictment), violation of sanctions, and — in conjunction with alleged false statements to the auction house, wire fraud.

As there was with the Shriki indictment, there’s a forfeiture clause in the Bonham-Carter indictment, but unlike the Shriki one, it doesn’t list out the property to be seized, not even the $1 million he sent to the US. I don’t know UK law well enough to know whether they could act against the London home under their own sanctions regime.

Aside from what I imagine will be an epic extradition fight from Bonham-Carter (Shriki herself is Very Well Lawyered), the details of all this are interesting because they were obviously coordinated, possibly with the original Deripaska indictment we haven’t seen.

But thus far, the charged sanctions violations are largely tangential — on top of selling a music studio and that million dollars, the transactions involve the artwork, sending Easter gifts, and anchoring Deripaska’s babies in the US (just one successfully). While the Deripaska indictment lists the bank account of tied to Shriki’s sale of a music studio for Deripaska as well as three properties owned by Gracetown Inc., most actions tied to the ownership and management of Gracetown are not yet covered by these indictments.

That suggests either that DOJ has constructed the indictments like this to avoid sharing really sensitive discovery or that there are other indictments pertaining to Gracetown yet to drop.

Update: Corrected to indicate that the artwork purchase was 18 pieces, not just one. h/t RC.

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Igor Danchenko Would Have Been a Crucial Witness to Understanding the Disinformation in the Dossier

Igor Danchenko claims that a Supervisory Special Agent involved in the Russian investigation described his cooperation with the FBI as a confidential source as one of the upsides of that investigation.

As one supervisory special agent has agreed, “one of the upshots [of the Crossfire Hurricane Investigation] has been a relationship with [Mr. Danchenko] which has provided the FBI insights into individuals and to areas that it otherwise was lacking [ ] because of the difficulty with which the FBI has in recruiting people from that part of the world.” The agent further agreed that the FBI’s relationship with Mr. Danchenko was “one thing that in terms of usefulness really did result from this [investigation].”

Danchenko cited it as part of his successful effort to limit how much detail about the 2010 counterintelligence into him John Durham could present at trial, which starts today.

It’s an odd statement, insofar as he doesn’t cite the source (I was wondering if it comes from a pre-trial interview of a witness he plans to call, the precise details of which he’s withholding until the trial). Plus, there are FBI agents who seemed happy to have participated in the investigation, notwithstanding the way Trump found a way to ruin the career of virtually every FBI person involved in it (besides the two guys who botched the Alfa Bank investigation). This person, with the reference to “usefulness,” sounds like one of the skeptics.

Imagine if one of the FBI agents the frothers have been celebrating as a Mueller skeptic for years had good things to say about the (hopefully last) target in Durham’s witch hunt?

Whoever it is, the frothers’ continued obsession with Danchenko’s role as an FBI source — now joined by Chuck Grassley and Ron Johnson — and their certainty there was impropriety about it is a testament to how deep within a bubble they all are, in which Trump matters but US security does not.

Start with what we know or can infer about his vetting. First, he was brought on as a source in March 2017, before the FBI stopped including FISA material among the databases it used to vet potential informants. So they likely checked collections of communications from known Russian spies before they formalized the relationship, including those they knew he had contact with years earlier. If that’s right, they knew a lot about what ties he had with Russians.

Then, at least if we can believe Danchenko, every time there was a discrepancy between what he said and others said, they were resolved in his favor.

To the contrary, not only did investigators and government officials repeatedly represent that Mr. Danchenko had been honest and forthcoming in his interviews, but also resolved discrepancies between his recollection of events and that of others in Mr. Danchenko’s favor.

Frothers blew over the implications of this just like they blew over Danchenko’s reference, in this same filing that, “The government had unfettered access to Mr. Danchenko for approximately four years following his first interview in January 2017” (a presumed allusion to his relationship with the FBI).

This statement about “discrepancies” between Danchenko’s versions and those of others would have to include the interview with Christopher Steele that Durham attempted (unsuccessfully) to introduce as evidence.

On September 18 and 19, 2017, FBI personnel from the Robert Mueller Special Counsel team interviewed Christopher Steele. Steele informed the FBI personnel, in part, that the defendant had collected election-related material in the United States for Orbis. As part of that undertaking, the defendant informed Steele that he met in person with Sergei Millian on two or three occasions – in New York and once in Charleston, South Carolina. The defendant subsequently informed the FBI that he had not in fact met with Millian on any occasion. On November 2, 2017, the defendant further stated to the FBI that Steele incorrectly believed the defendant had met in-person with Millian, and that he (the defendant) did not correct Steele in that misimpression.

Danchenko makes this even more explicitly clear later.

[W]hile the facts alleged in the indictment may show that [Steele] provided the FBI with an inaccurate statement about a meeting between Mr. Danchenko and [Millian] in New York, the facts also clearly show that Mr. Danchenko corrected the record for the FBI by unequivocally stating, on multiple occasions, that he had never met with [Millian] in New York and did not know whether he ever spoke on the phone with [Millian].

Most Republicans claim that Steele’s dossier was garbage. Danchenko maintains he had no role in writing it and Durham doesn’t seem to have any evidence to the contrary. Everything in Danchenko’s prosecution (and the entire DOJ IG Report on Carter Page) is consistent with the FBI believing Danchenko over Steele. And yet the frothers are sure that one of the first guys to raise questions about Steele (Bruce Ohr was actually the first, though he never gets credit for that) is suspect.

If Danchenko’s claim (made after reviewing discovery) is true — something I expect we’ll learn more about during the trial — Mueller, at least, came away from a series of interviews in fall 2017 crediting Danchenko’s claims about the construction of the Steele dossier over Steele’s own. I think the record is somewhat more equivocal than that. For example, Danchenko’s claim that he, “did not view his/her contacts as a network of sources, but rather as friends with whom he/she has conversations about current events and government relations,” is not credible; he knew he was getting paid for this information. But Danchenko showed proof of some of his other claims (for example, in texts with his friend Olga Galkina), and I assume whatever vetting FBI did — including the FISA 702 collection targeting Galkina — held up as well.

If you think Steele fucked over Trump, that should matter to you.

But Danchenko (and that anonymous FBI agent) make it clear Steele was not the only person who Danchenko helped the FBI to understand. Danchenko describes that the investigation into the dossier ended in November 2017.

The investigation into the Reports was ultimately completed by Special Counsel Robert S. Mueller, III, in or about November 2017

But he remained an approved source until October 2020. A Danchenko filing describes being interviewed “dozens of times,” of which roughly eight are included in the scope of the indictment against him (three in January, and one each in March, May, June, October, and November 2017), which therefore must be the only ones that pertain to the dossier. Durham’s project, with his conspiracy theory driven prosecution, is to claim that Danchenko lied at least once in every interview about the dossier.

That Danchenko was interviewed some 16 more times is news: it would suggest Danchenko’s was asked to explain more than just Steele’s reporting methods. It’s not even clear Durham would have reviewed all that reporting before he charged Danchenko; he’s not known to have investigated past the beginnings of the Mueller investigation, and Durham only produced a December 2017 draft opening memo for an investigation into Charles Dolan in the last month.

[W]hen agents drafted a December 2017 communication in support of opening an investigation into Dolan, they included the information Mr. Danchenko provided them as support for opening the investigation. 3

3 The December communication is highly exculpatory with regard to the essential element of materiality and it is not clear why it was only produced 30 days from the start of trial. It was produced as Jencks material (also late by the terms of the Court’s Order requiring all Jencks to be produced by September 1) but is obviously Brady evidence. 

Durham certainly didn’t bother learning all of Rodney Joffe’s contributions to the FBI before he made wild insinuations about him and got him discontinued as an FBI source, so it’s possible he did not for Danchenko either.

And that’s interesting given what is in the public record about related events.

Try to look at the Russian investigation not as an attempt to sink Trump (much of what we know about matters Danchenko may have cooperated on comes from before the investigation was predicated on Trump), and not as the precursor to the prosecutions we know happened. Try to consider the Russian investigation as an investigation in the wake of a hostile attack from a foreign power. And consider what the DOJ IG Report on Carter Page — a document most frothers treat with near biblical reverence and ignorance, the declassified footnotes to the report, the Bruce Ohr 302s, and details revealed in the Danchenko filings disclose about where the investigation into the dossier and related topics developed between December 2016 and September 2000.

In the period when Danchenko was brought on as an informant (and before the time Steele was interviewed) the FBI learned that Steele had problematic ties with Oleg Deripaska and his (and Danchenko’s) source network had been compromised by Russian spooks.

  • December 2016: As much as Steele was trying to push the dossier to the FBI, he was also trying to push Oleg Deripaska’s complaints that Manafort had stolen money from him
  • January 12, 2017: Another intelligence service relayed an inaccuracy about the Michael Cohen claims in the Steele Report, claims Danchenko sourced to his friend Galkina, who had gotten close to Dmitry Peskov via Dolan
  • January 24, 2017: Danchenko didn’t know that Deripaska was the one who paid Steele to investigate Manafort in spring 2016
  • February 14, 2017: Steele was working for certain attorneys, including the attorney for Oleg Deripaska
  • February 27, 2017: An individual with ties to Trump and Russia said the pee tape was the product of Russia infiltrating a source into the Steele network
  • March 2017: The Crossfire Hurricane considers the full import of the open counterintelligence investigation on Millian
  • June 2017: Someone affiliated with Oleg Deripaska learned of Steele’s project by early July 2016 — so before all but the first report
  • Early June 2017: Russian spooks became aware of Steele’s election investigation in early 2016 [this date is probably wrong but still an indication that Russia learned about the project from the start]
  • Early June 2017: FBI targeted Olga Galkina under Section 702 (and discovered her ties to Chuck Dolan and both their ties to Dmitry Peskov)
  • December 2017: FBI at least considered opening an investigation into Dolan
  • February 2018: The reason Manafort shared campaign information in August 2016 was in an effort to get “whole” with Deripaska; Kilimnik shared a clever plot to defeat Hillary
  • April 2018: Treasury sanctions Deripaska, among others
  • May 2018: More on how Kilimnik’s August meeting pertained to a plan to beat Hillary
  • September 2000: Deripaska’s US associate, Olga Shriki, appears before grand jury

By 2019, the IG Report makes clear, there were abundant reasons to suspect that Deripaska had played a key role in injecting disinformation into the dossier. In the earlier days of the investigation, key people on the Crossfire Hurricane team didn’t know of Steele’s ties to Deripaska, something that, “could have indicated that Steele was being used in a Russian ‘controlled operation’ to influence perceptions (i.e., a disinformation campaign).” Until the way Deripaska was working both sides — increasing Manafort’s legal jeopardy while using his desperation to get his cooperation with the election operation — became clear, Deripaska’s ties to the dossier didn’t make sense, as Bill Priestap explained.

[I]f that’s the theory [that Russian Oligarch 1 ran a disinformation campaign through [Steele] to the FBI], then I’m struggling with what the goal was. So, because, obviously, what [Steele] reported was not helpful, you could argue, to then [candidate] Trump. And if you guys recall, nobody thought then candidate Trump was going to win the election. Why the Russians, and [Russian Oligarch 1] is supposed to be close, very close to the Kremlin, why the Russians would try to denigrate an opponent that the intel community later said they were in favor of who didn’t really have a chance at winning, I’m struggling, with, when you know the Russians, and this I know from my Intelligence Community work: they favored Trump, they’re trying to denigrate Clinton, and they wanted to sow chaos. I don’t know why you’d run a disinformation campaign to denigrate Trump on the side.

But as the Manafort side of the equation became clear, it all made more sense. And the implication is that by 2019, that’s what the FBI understood to have happened.

Chuck Grassley was the first person to start raising public questions about Deripaska’s role in the dossier. Similarly, he was among the first to raise concerns about disinformation and the dossier.

The more likely explanation for Danchenko’s CHS status is one he and other Republicans should welcome: that the FBI investigated how the dossier was used as disinformation. Danchenko was fed a lot of shit, from people (like Galkina) he trusted implicitly; that shit happened to be tailored to sow maximal dissension in US politics. And then Steele, unbeknownst to Danchenko, packaged it up inside exaggerations.

If it bothers you that the dossier was larded with disinformation — and it should bother people on both sides of the aisle — then you should welcome FBI’s effort to understand how that happened. And one crucial step in that process is to understand how the network behind it tied right back to the Russians who played central roles in the 2016 attack on US democracy. Danchenko would have been a key guide to that information.

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Oleg Deripaska Indicted for His Anchor Baby and Flowers for a TV Host

SDNY just unsealed an indictment against Oleg Deripaska and three others for sanctions violations. Just one person — naturalized US Citizen Olga Shikri — was in the US to be arrested. The other main consequences from this indictment will be the forfeiture of property related to the sanctions violations. The indictment lists the three properties that were searched last year.

The central allegations in the indictment pertain to efforts — successful with a first child, and unsuccessful with a second — to set up Deripaska’s girlfriend to give birth in the US and via that process, obtain US citizenship for the child.

Then, in or about 2020, SHRIKI and BARDAKOVA helped DERIPASKA’s girlfriend, VORONINA, travel from Russia to the United States so she could give birth to DERIPASKA’s and VORONINA’s child in the United States.  Despite DERIPASKA’s ongoing support for the Russian regime, he funded hundreds of thousands of dollars of transactions so that his child could take advantage of the U.S. healthcare system and U.S. birthright.  SHRIKI orchestrated the payment of approximately $300,000 worth of U.S. medical care, housing, childcare, and other logistics to aid VORONINA and DERIPASKA’s efforts to help VORONINA give birth in the United States, which resulted in the child receiving U.S. citizenship.  DERIPASKA counseled VORONINA on obtaining a visa to travel to the United States, including by telling her to be “careful” ahead of an interview by U.S. immigration authorities.  VORONINA thereafter applied for and obtained a U.S. visa for a purported ten-day tourism visit without disclosing her intent to travel and stay in the United States for approximately six months to give birth to DERIPASKA’s child.  Following the birth, SHRIKI, BARDAKOVA, and VORONINA conspired to conceal the name of the child’s true father, DERIPASKA, going so far as to change, slightly, the spelling of the child’s last name.

Later, in or about 2022, at DERIPASKA’s further behest and for his further benefit, SHRIKI and BARDAKOVA attempted to facilitate VORONINA’s return to the United States to give birth to DERIPASKA’s and VORONINA’s second child.  This second attempt included BARDAKOVA and VORONINA’s attempt to use false statements to conceal DERIPASKA’s funding and secure VORONINA’s entry into the United States – an attempt that was thwarted, and VORONINA was denied entry and returned immediately to Istanbul, through which she had flown from Russia to the United States.

In addition to a music studio sold in 2019, the indictment refers to other purchases in the US, including Easter flowers for a US TV host.

BARDAKOVA – largely based in Russia – directed SHRIKI to engage in particular illegal transactions on DERIPASKA’s behalf.  These instructions included directing SHRIKI to obtain U.S. goods and technology for DERIPASKA.  Moreover, between in or about May 2018 and in or about 2020, BARDAKOVA instructed SHRIKI to purchase and send flower and gift deliveries on behalf of DERIPASKA to DERIPASKA’s social contacts in the United States and Canada.  The deliveries included, among others, Easter gift deliveries to a U.S. television host, two flower deliveries to a then-former Canadian Parliament member, and two flower deliveries in 2020 to VORONINA while she was in the United States in 2020 to give birth to DERIPASKA’s child.

Perhaps most interesting to me is that the investigation was active in 2020, in the wake of Geoffrey Berman’s firing. Shriki is accused of destroying records in advance of a September 23 grand jury appearance. This was the period when Barr was furiously cleaning up all remaining traces of the Russian investigation (and it was the same month when Yevgeniy Prigozhin’s Interpol red notice was withdrawn, even though the indictment against him in the US remains).

In Berman’s book (which I’ll write about one of these days), he makes it quite clear Barr was protecting Rudy in this period. Was he also protecting Deripaska?

Update: Interesting timing! Andy Beshear announced he has recouped the $15 Million Matt Bevin dumped in Deripaska’s aluminum venture in KY.

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Durham Admits He Has No Real Evidence on Four Millian Counts against Igor Danchenko

In the middle of a motion in limine arguing, in part, that the Durham prosecutors should be able to introduce two sets of emails from Sergei Millian to one of the journalists who gave Igor Danchenko Millian’s contact information, John Durham admits that those emails are the most probative evidence he’s got that Millian never met or spoke with Danchenko.

Fourth, whether the statements are the most probative evidence on the point. Millian’s emails written contemporaneous to the events at issue are undoubtedly the most probative evidence to support the fact that Millian had never met or spoken with the defendant.

Mind you, whether Millian ever spoke to Danchenko or not is irrelevant to whether Danchenko believed that he had.

But Durham appears not to understand that.

If you don’t mind, I think I’ll punctuate this post with stupid Millian Tweets — like some Greek chorus — while I take breaks to wrap my brain around how Durham got his ass so badly handed to him by Sergei Millian.

Durham appears not to understand that if Danchenko got a phone call from someone else in July 2016, but believed at the time that the call was from Millian, then his four charged statements that he believed the call was from Millian would still be entirely true — an argument I made last year and one Danchenko made in his Motion to Dismiss (Danchenko’s MTD was filed after the government motion, but submitted unsealed from the start).

[T]he indictment does not allege that Mr. Danchenko did not receive an anonymous phone call in or about late July 2016. Instead, the indictment alleges only that Mr. Danchenko “never received such a phone call or information from any person he believed to be Chamber President-1[.]” The alleged false statement is that Danchenko did not truly believe that the anonymous caller was Chamber President-1. The indictment also alleges that Mr. Danchenko “never made any arrangements to meet Chamber President-1.” However, Mr. Danchenko never stated that he made such arrangements. Rather, he told the FBI that he arranged to meet the anonymous caller, but the anonymous caller never showed up for the meeting.

But Durham believes his job is to prove that Millian never spoke with Danchenko, and so spent a third of his filing making humiliating admissions about how weak his case is.

One of the dire problems Durham has with his Millian case is that … as I predicted … he has no witness.

As I noted last year, when he originally charged Danchenko, he relied on Millian’s Twitter feed, not an interview with Millian, to substantiate Millian’s claim that he never spoke with Danchenko. Here’s how Sergei responded last year when I pointed out that his testimony, under oath, would be necessary to convict Danchenko.

 

 

Turns out I wasn’t nuts. All of the sources against Danchenko were willing to testify under oath, it appears, but Millian. Well, and Christopher Steele, too, but that’s for another post.

To Durham’s … um … credit, he did at some point (he tellingly hides the date) get Millian to participate in a “virtual interview” (which may or may not be the same as a “video interview”?). In that interview, Millian claimed that rather than fleeing the US because of the criminal investigation into him and Mueller’s interest in interviewing him, he fled the country because of the Steele dossier.

The Government has conducted a virtual interview of Millian. Based on representations from counsel, the Government believes that Millian was located in Dubai at the time of the interview. During the interview, Millian stated, in sum and substance, that he has never met with or spoken with the defendant, Millian informed investigators that he left the United States in March 2017 and he has not returned. Millian stated, in sum, that he left the United States due to threats on his and his family’s personal safety because of his alleged role in the Steele Reports. On multiple occasions, the Government has inquired about Millian’s availability to testify at the defendant’s trial. Millian has repeatedly informed the Government that he has concerns for his and his family’s safety (who reside abroad) should he testify. Millian also informed the Government that he does not trust the FBI and fears being arrested if he returns to the United States. The Government has repeatedly informed Millian that it will work to ensure his security during his time in the United States, as it does with all witnesses. The Government has also been in contact with Millian’s counsel about the possibility of his testimony at trial. Nonetheless, despite its best efforts, the Government’s attempts to secure Millian’s voluntary testimony have been unsuccessful. Moreover, counsel for Millian would not accept service of a trial subpoena and advised that he does not know Millian’s address in order to effect service abroad.

Durham was unable to subpoena Millian to require him to testify under oath to his claim that he never spoke with Danchenko, because Sergei’s lawyer doesn’t know where he lives, not even to bill him. I guess he bills him “virtually,” just like the interviews.

But don’t worry. Durham promises he has other evidence that Sergei could not have called Danchenko in July 2016.

That evidence is that Millian was traveling in Asia during the period between July 21 and July 26, 2016, when such a call to Danchenko would have taken place.

Millian was traveling in Asia at the time the defendant sent this email and did not return to New York until late on the night of July 27, 2016. Notably, Millian had suspended his cellular phone service effective July 14, 2016 (prior to his travel) and his service was reconnected effective August 8, 2016. The defendant did travel to New York from July 26, 2016 through July 28, 2016 with his young daughter and spent much of his time sight-seeing, including a trip to the Bronx Zoo on July 28, 2016. The defendant would later claim to the FBI that it was during this trip to New York that the defendant attempted to meet Sergei Millian (after having received the alleged anonymous phone call from a person he purportedly believed to be Millian). [my emphasis]

The implication, says the Special Counsel who flew to Italy to get the multiple phones of Joseph Mifsud but who never walked across DOJ to get the multiple phones of his key witness Jim Baker, is that Millian could not have called Danchenko because the only possible SIM card he would have used while traveling in Asia, which generally used the GSM standard, would be the phone he used in the US, where CDMA was still widely used.

Millian couldn’t have called Danchenko during the period, Durham says, because his US-based phone was shut down while he was traveling in Asia.

That would be a shocking claim to make about any fairly sophisticated traveler in 2016, much less one who made the effort to shut off his location tracker cell coverage while he traveled overseas and for twelve days after he returned.

It’s an especially remarkable claim to make about someone that — DOJ has proof! — was arranging in-person meetings in NYC in precisely the same period, via text messages sent during the period when Millian’s US phone service was shut down.

Papadopoulos first connected with Millian via Linkedln on July 15, 2016, shortly after Papadopoulos had attended the TAG Summit with Clovis.500 Millian, an American citizen who is a native of Belarus, introduced himself “as president of [the] New York-based Russian American Chamber of Commerce,” and claimed that through that position he had ” insider knowledge and direct access to the top hierarchy in Russian politics.”501 Papadopoulos asked Timofeev whether he had heard of Millian.502 Although Timofeev said no,503 Papadopoulos met Millian in New York City.504 The meetings took place on July 30 and August 1, 2016.505 Afterwards, Millian invited Papadopoulos to attend-and potentially speak at-two international energy conferences, including one that was to be held in Moscow in September 2016.506 Papadopoulos ultimately did not attend either conference.

500 7/15/16 Linkedln Message, Millian to Papadopoulos.

501 7 /15/16 Linkedln Message, Millian to Papadopoulos.

502 7/22/16 Facebook Message, Papadopoulos to Timofeev (7:40:23 p.m.); 7/26/16 Facebook Message, Papadopoulos to Timofeev (3:08:57 p.m.).

503 7/23/16 Facebook Message, Timofeev to Papadopoulos (4:31:37 a.m.); 7/26/16 Facebook Message, Timofeev to Papadopoulos (3:37: 16 p.m.).

504 7/16/16 Text Messages, Papadopoulos & Millian (7:55:43 p.m.).

505 7/30/16 Text Messages, Papadopoulos & Millian (5:38 & 6:05 p.m.); 7/31/16 Text Messages, Millian & Papadopoulos (3:48 & 4:18 p.m.); 8/ 1/16 Text Message, Millian to Papadopoulos (8:19 p.m.).

506 8/2/16 Text Messages, Millian & Papadopoulos (3 :04 & 3 :05 p.m.); 8/3/16 Facebook Messages, Papadopoulos & Millian (4:07:37 a.m. & 1:11:58 p.m.).

Anyway, that’s the background to why, Durham says, the best evidence he’s got that Millian never called Danchenko are some emails.

One of those emails is inconsistent with Durham’s story, which says that Millian returned late on July 27, which was a Wednesday. On July 26, Millian sent this to one of the RIA Novosti journalists, Dimitry Zlodorev:

Dimitry, on Friday I’m returning from Asia. An email came from Igor. Who is that? What sort of person?

Durham says one of his best pieces of evidence that Millian didn’t call Danchenko is an email that had him returning two days later than he actually returned. Something led Millian to come back early, at least according to Durham’s record.

Early enough to be in NYC when Danchenko was there.

Durham also wants to introduce some emails Millian sent Zlodorev in 2020, three years after Danchenko’s alleged lie and four years into a manufactured outrage over the Steele dossier. One of those emails suggests that Millian believed Steele blamed Danchenko for problems with the dossier, which is probably true, but Durham thinks it helps him anyway.

I’ve been informed that Bogdanovsky travelled to New York with Danchenko at the end of July 2016; Danchenko, supposedly to meet with me (but the meeting didn’t take place). Can you inquire with Bogdanovsky whether he remembers something from that trip and whether they touched upon my name in conversation, as well as for what reason Danchenko was travelling to NY? Steele, it seems, made Danchenko the fall guy, but Danchenko himself made several statements that were difficult to understand, for example, about the call with me. Did he tell Bogdanovsky that he communicated with me by phone and on what topic? Thank you! This will clarify a lot for me personally. It’s a convoluted story! [my emphasis]

That’s how desperate he is for evidence to prove his four Millian charges.

Now, as Durham did when he tried to introduce totally unrelated emails in the Michael Sussmann case, Durham says he’s not introducing these (as what he calls “the most probative evidence” that Millian didn’t call Danchenko) for the truth.

He’s just asking questions — but not, apparently, why Millian said he was coming back Friday when he ended up coming back on Wednesday instead, early enough to be in NY when Danchenko was there.

As an initial matter, all three emails to Zlodorev are admissible non-hearsay because each email consists of a series of questions, i.e., (1) “Who is that? What sort of person?” (July 26, 2016), (2) “Do you remember such a person? Igor Danchenko?” (July 19, 2020), and (3) (a) “Can you inquire with Bogdanovsky whether he remembers something from that trip and whether they touched upon my name in conversation, as well as for what reason Danchenko was travelling to NY? (b) “Did he tell Bogdanovsky that he communicated with me by phone and on what topic?” (July 20, 2020). See Sinclair, F. App’x at 253. To the extent the remaining sentences in those emails are statements, they are not being offered to prove the truth of the matter asserted. Indeed, with respect to the July 26, 2016 email, the Government is not seeking to prove that (1) Millian was returning from Asia on Friday or (2) that an email came from the defendant.

And if his just asking questions ploy doesn’t work, then he’ll raise the point that he charged this indictment without ever talking to Sergei Millian first!!!

First, the unavailability of the declarant. A declarant is “unavailable” at a hearing or trial when he “is absent from the hearing and the proponent of a statement has not been able, by process or other reasonable means, to procure the declarant’s attendance or testimony. Fed. R. Evid. 804(a)(5)(B). “Courts have consistently held that hearsay exceptions premised on the unavailability of a witness require the proponent of a statement to show a good faith, genuine, and bona fide effort to procure a witness’s attendance.” United States v. Wrenn, 170 F. Supp. 2d 604, 607 (E.D. Va. 2001) (citing Barber v. Page., 390 U.S. 719,724 (1968)). Courts considering whether a prosecutor, as the proponent of a statement, “has made such a good faith effort have focused on the reasonableness of the prosecutor’s efforts.” Id. \ Ohio v. Roberts, 448 U.S. 56, 74 (1980) (“The lengths to which the prosecutor must go to produce a witness … is a question of reasonableness. The ultimate question is whether the witness is unavailable despite good-faith efforts undertaken prior to trial to locate and present the witness.”). In the case of a U.S. national residing in a foreign country, 28 U.S.C. § 1783 allows for the service of a subpoena on a U.S. national residing abroad. Here, the Government has made substantial and repeated efforts to secure Millian’s voluntary testimony. When those efforts failed, the Government attempted to serve a subpoena on Millian’s counsel who advised that he was not authorized to accept service on behalf of Mr. Millian. The Government, not being aware of Millian’s exact location or address, asked counsel to provide Millian’s address so that service of a subpoena could be effectuated pursuant to 28 U.S.C. § 1783. Counsel stated that he does not know Millian’s address. In any event, even if the Government had been able to locate Millian, it appears unlikely that Millian would comply with the subpoena and travel to the United States to testify. Indeed, as discussed above, Millian has shown a reluctance to travel to the United States for fear of his personal safety and his family’s safety. Accordingly, the Government has demonstrated good faith efforts to secure Millian’s appearance at trial.

What’s interesting is that Durham not only claims that Millian had no motive to lie to Zlodorev in 2016, but he asserts that “the existence of the Steele Reports were not public.”

The Government is not aware of any evidence that Millian was aware of who the defendant was in July of 2016. Millian also had no motive to lie about his knowledge of the defendant in July 2016. Indeed, at that time of the July 2016 email the existence of the Steele Reports were not public. Further, Millian had no apparent motive to lie to Zlodorev, an individual he appears to consider a friend.

They were to this guy.

According to the IG Report that Durham had never read before charging Sussmann, an Oleg Deripaska associate likely knew of the dossier by early July 2016, weeks after Millian met with one of the key architects of the 2016 operation in St. Petersburg and weeks before Danchenko emailed Millian and then Millian grilled Zlodorev about who Danchenko was.

Oleg Deripaska had a motive to lie about the dossier — and he appears to have been lying, to both sides.

Similarly, Durham claims that Millian had no motive to lie in 2020 when he grilled Zlodorev again about the circumstances of his meeting with Danchenko.

The July 2020 emails between Millian and Zlodorev also bear circumstantial guarantees of trustworthiness. Again, in July 2020, Millian had no motive to lie to Zlodorev.

Which is really nutty, because the Twitter account that Durham relied on to charge this thing claimed that — years earlier and therefore presumably well before 2020 — he had personally called the White House and told them the identities of the people behind the dossier.

He would have called from Asia or some other undisclosed location, though, so in Durham’s mind such a call would not exist.

And that’s how it came about that we’re a month away from trial, and John Durham is begging Anthony Trenga to admit emails from 2020 as his best evidence in four charges against Danchenko because he decided to rely on a Twitter account rather than securing witnesses in his case first.

 

For months and years, John Durham has treated Sergei Millian — a man who fled the country to avoid a counterintelligence investigation and questions from Mueller, but whom Durham claims fled the country because of the dossier — as an aggrieved victim. And in the same filing admitting that he has no solid evidence to prove that he is a victim, Durham also talked about how important it is to consider whether you’re getting played by Russian disinformation.

Such evidence is admissible because in any investigation of potential collusion between the Russian Government and a political campaign, it is appropriate and necessary for the FBI to consider whether information it receives via foreign nationals may be a product of Russian intelligence efforts or disinformation.

“SCO Durham, think of your legacy please❗❗”

Update: Replaced “in real time” based on Just Some Guy’s observations.

Earlier emptywheel coverage of the Danchenko case

The Igor Danchenko Indictment: Structure

John Durham May Have Made Igor Danchenko “Aggrieved” Under FISA

“Yes and No:” John Durham Confuses Networking with Intelligence Collection

Daisy-Chain: The FBI Appears to Have Asked Danchenko Whether Dolan Was a Source for Steele, Not Danchenko

Source 6A: John Durham’s Twitter Charges

John Durham: Destroying the Purported Victims to Save Them

John Durham’s Cut-and-Paste Failures — and Other Indices of Unreliability

Aleksej Gubarev Drops Lawsuit after DOJ Confirms Steele Dossier Report Naming Gubarev’s Company Came from His Employee

In Story Purporting to “Reckon” with Steele’s Baseless Insinuations, CNN Spreads Durham’s Unsubstantiated Insinuations

On CIPA and Sequestration: Durham’s Discovery Deadends

The Disinformation that Got Told: Michael Cohen Was, in Fact, Hiding Secret Communications with the Kremlin

John Durham’s Igor Danchenko Case May Be More Problematic than His Michael Sussmann Case

“Desperate at Best:” Igor Danchenko Starts Dismantling John Durham’s Case against Him

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