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Stewart David Nozette convicted for espionage against the United States

"I thought I was working for you already. I mean, that's what I always thought, Israel Aerospace Industries was just a front."

 

Documents

The FBI arrested Stewart Nozette on October 19, 2009, US Attorneys charged him with attempted espionage.  Case files allege Nozette's impersonation of colleague's email account to gain access to classified information and transport of USB thumb drives (possibly loaded with classified information) overseas. Court filings reveal Nozette's efforts to reverse AG Eric Holder's imposition of "Special Administrative Measures" that limited his communications, including unmonitored private conversations with his wife.  A concurrent FBI fraud investigation investigated Nozette's role as a paid consultant of of Israeli Aircraft Industries.

On March 23, 2012 Nozette was sentenced to 13 years in prison.  Note, the following court documents have been selected for their relevance to understanding the case, but do not represent a complete record of all docket entries and filings.

Document/File Date Contents
03/23/2012
SEALED
 New
STATEMENT OF REASONS as to STEWART DAVID NOZETTE re JUDGMENT. Not for public disclosure per Judicial Conference Policy. Signed by Judge Paul L. Friedman on 3/23/12. (mlp) (Entered: 03/28/2012)
3/23/2012 New JUDGMENT as to STEWART DAVID NOZETTE. Statement of Reasons Not Included. Signed by Judge Paul L. Friedman on 3/23/12. (Attachment: # 1 Attachment: Copy of Consent Order of Forfeiture filed on 9/7/11) (mlp) (Entered: 03/28/2012)  Recommendations.  "Incarceration as close to Washington, DC metropolitan area as possible in the least restrictive conditions of confinement consistent with any administrative measures by the Bureau of Prisons." Forfeiture of $9,600 received in sting operation. 
03/21/2012 Minute Entry for proceedings held before Judge Paul L. Friedman: Sentencing held on 3/21/2012 as to STEWART DAVID NOZETTE (1). Counts 1-2, 1s-3s, 1ss-2ss, 4ss dismissed on government's motion. Count 3ss: Defendant sentenced to One Hundred Fifty-Six (156) months incarceration to run concurrently with the sentence imposed in 1:08-cr-371 (PLF) followed by a Thirty-Six (36) month term of supervised release to run concurrently with the term of supervised release imposed in 1:08-cr-371 (PLF). Special assessment of $100.00 imposed. Bond Status of Defendant: Committed. Commitment issued.; Court Reporter: Catalina Kerr; Defense Attorneys: John C. Kiyonaga and Robert L. Tucker; US Attorneys: Anthony Asuncion, Heather M. Schmidt and Deborah A. Curtis; Prob Officer: Linsey Epson. (zmm, ) (Entered: 03/21/2012)
03/21/2012 New RESPONSE by STEWART DAVID NOZETTE re 72 Sentencing Memorandum (zmm, ) (Entered: 03/21/2012) "...the rather vanilla observation that Dr. Nozette had once searched the internet for information relating to Julius and Ethel Rosenberg, a case which still holds an abiding interest to many."
03/16/2012 New

REPLY BY USA as to STEWART DAVID NOZETTE
On March 7, 2012, the defense filed a 40-page “Defendant’s Sentencing Memorandum” devoid of even the slightest expression of remorse, positing the absurd theory that – in spite of his considerable resources, brilliance, acclaim, and loving family – Nozette was left with virtually no choice but to commit espionage given his situation after pleading guilty to fraud and tax evasion and the aggressive nature in which the government agents pursued the case against him. "Defendant suggests, for instance, that the agents decided to “take advantage of that fact that Dr. Nozette is Jewish and might be more responsive to an approach designed to help [Israel].”

03/16/2012 New SENTENCING MEMORANDUM by STEWART DAVID NOZETTE

"...the [US] government served a subpoena on the IAI for all its records related to Dr. Nozette's employment as a consultant. Although it never told Dr. Nozette about the subpoena, approximately six months later IAI decided not to renew Dr. Nozette's contract...""...Less than seven months before the undercover operation the agents had been told by one of his colleagues that Dr. Nozette said he had a gun, it was loaded and he planned to kill himself if the U.S. government put him in jail...." "...on, July 20,2009, the lead espionage agent excitedly wrote the fraud agent that she "[C]an' t wait to hear the tapes produced during Dr. NoZzette's cooperation]. I 'm sure they will be a big help in helping us wrap our heads around him. Good luck with everything!"   "Many Jews in this country are proud and public supporters of Israe1 and have high respect for the Mossad, an agency that is well-known to have played a crucial role in the nation's survival. Indeed, support across the political horizon for the State of Israel and, by implication, an agency as central to its collective psyche as the Mossad, was heartily reaffirmed by the reception given Prime Minister Netanyahu in his address to the U.S. Congress last year. .."  ""The face to face [sic] problem was mostly the political . . .sensitivities about about, you know, how, what congressmen and what senators were doing what . . . I remember I talked to John Warner one time . . . . about urn, doing some joint stuf f with Israel. . . . And he said he 'd love to. Bring him some specifics..."

03/12/2012 New SENTENCING MEMORANDUM by US

'Defendant Stewart David Nozette sought to sell some of America’s most closely guarded secrets – including information directly concerning satellites classified as Top Secret/SCI – to a person he believed was an agent for a foreign intelligence organization. His motive for betraying his country was greed, pure and simple"

01/17/2012 ORDER as to STEWART DAVID NOZETTE: Sentencing set for 3/21/2012 @ 9:00 a.m. in Courtroom 29A before Judge Paul L. Friedman.
09/07/2011 FACTUAL PROFFER IN SUPPORT OF GUILTY PLEA
09/07/2012 PLEA AGREEMENT "This letter sets forth the final offer of a plea agreement ("Plea Agreement") between the Office of the United States Attorney for the District of Columbia and the Counterespionage Section of the National Security Division of the Department of Justice (hereinafter also collectively referred to as "the Government" or "this Office") and your client, Stewart David Nozette (hereinafter also referred to as "your client" or "the defendant"). It expires at 5:00 p.m.on August 17,2011....Your client shall have no contact with any foreign government or agents thereof, except with the express permission of the FBI.
09/07/2021 WAIVER of Right to Trial by Jury as to STEWART DAVID NOZETTE
08/10/2011 Status Conference scheduled for 9/8/2011 @ 10AM in Courtroom 29A before Judge Paul L. Friedman.
08/01/2011 Nozette public defender Robert L. Tucker retires from government employment at the Federal Public Defenders Office.  Is appointed counsel pursuant to Criminal Justice Act effective August 1, 2011 by Judge Paul L. Friedman.
06/22/2011 Counsel for the defendant, Stewart Nozette, requests a continuance of scheduled 6/22/2011 status conference to first week of August, 2011 since the parties "continue to engage in discovery and expect that they will be in a position to propose a motions schedule at that time..."  Continuance until August 1, 2011 granted by Judge Paul L. Friedman.
03/16/2011 Minute Entry for proceedings held before Judge Paul L. Friedman: Status Conference as to STEWART DAVID NOZETTE held on 3/16/2011. Oral request by the government for a further Status Conference in the latter part of June, 2011; granted. Next Status Conference set for 6/22/2011 at 09:30 AM in Courtroom 29A before Judge Paul L. Friedman. Bond Status of Defendant: Committed/Commitment issued; Court Reporter: Lisa Schwam. Defense Attorney: Robert L. Tucker and John C. Kiyonaga; US Attorney: Anthony Asuncion, Heather M. Schmidt, and Deborah A. Curtis.
03/16/2011 Minute Entry for proceedings held before Judge Paul L. Friedman: Status Conference as to STEWART DAVID NOZETTE held on 3/16/2011. Oral request by the government for a further Status Conference in the latter part of June, 2011; granted. Next Status Conference set for 6/22/2011 at 09:30 AM in Courtroom 29A before Judge Paul L. Friedman. Bond Status of Defendant: Committed/Commitment issued; Court Reporter: Lisa Schwam. Defense Attorney: Robert L. Tucker and John C. Kiyonaga; US Attorney: Anthony Asuncion, Heather M. Schmidt, and Deborah A. Curtis.
01/31/2011 The Status Conference, currently set for 2/1/2011 @ 9:00 a.m., is hereby reset to 3/1/2011 @ 10:00 a.m. in Courtroom 29A before Judge Paul L. Friedman. Signed by Judge Paul L. Friedman on 1/31/2011. (zmm, ) (Entered: 01/31/2011)
12/06/2010 Minute Entry for proceedings held before Judge Paul L. Friedman: Status Conference as to STEWART DAVID NOZETTE held on 12/6/2010. Next Status Conference set for 2/1/2011 @ 09:00 AM in Courtroom 29A before Judge Paul L. Friedman. Bond Status of Defendant: Defendant committed. Commitment issued.; Court Reporter: Rebecca Stonestreet; Defense Attorney: John C. Kiyonaga and Robert L. Tucker; US Attorney: Anthony Asuncion and Deborah A. Curtis. (zmm, ) (Entered: 12/06/2010)
11/17/2010 Superseding indictment.  "STEWART DAVID NOZETTE, did knowingly and unlawfully attempt to communicate, deliver, and transmit to a foreign government, to wit the Government of the State of Israel, and representatives, officers, and agents thereof, directly and indirectly, documents and information relating to the national defense of the United States, specifically, documents and information classified SECRET/SCI which directly concerned classified aspects and mission capabilities of a prototype overhead collection system and which disclosure could negate the ability to support military and intelligence operations, with the intent and reason to believe that such documents and information were to be used to the injury of the United States and to the advantage of a foreign government, namely, the Government of the State of Israel.
05/13/2010 Nozette requests that the court strike the Attorney General's imposition of "special administrative measures" governing Nozette's imprisonment at the DC jail which "go well beyond those generally applicable to pretrial detainees..."
05/13/2010 Nozette challenges Special Administrative Measures as unconstitutional.  SAM imposed on Nozette include:

Telephone Contacts: Mr. Nozette may only use the telephone to speak with immediate family members, government officials may limit the calls to one a month and the FBI, among others, may monitor and record the calls. Attachment
 
Visitation: Similar rules apply to visitation. Mr. Nozette may only visit with immediate family members. Such visits can only take place with a minimum of 14 calendar days notice to the government and may be monitored by the FBI.

Non-legal mail: Other than with the courts, members of the prosecution team and Congress, Mr. Nozette may only correspond with immediate family members and may be limited to three pieces of paper once per calendar week per recipient. All correspondence with his family is to be copied and sent to the FBI, who will review the same and forward it to the recipient within two weeks.

Religious services and visitation: Mr. Nozette is prohibited from engaging in group prayer with other inmates, the FBI or other government official must approve his contact with any religious representation and the FBI may, at its discretion, attend and record any such religious-based contact.

Solitary Confinement and Prohibition of Contact with Other Inmates: The SAM provides that Mr. Nozette is to kept in solitary confinement. He is not only to be confined in a single-inmate cell, but also prohibited from making any statement which another inmates might overhear and from otherwise communicating with another inmate.

Access to radio, television, newspapers and other publications: Mr. Nozette is prohibited from access to radio and television and may only receive newspapers, books and other publications at the discretion of the FBI or other government officials.

03/17/2010 Government prosecutors notify the court of "intent to introduce evidence of prior conduct of the defendant".  The government seizes several computer devices containing classified information in safe deposit boxes in California which Nozette thought would "become valuable someday."

The filing details Nozette's alleged 2002 attempt to obtain classified information during which he impersonated a Navy Research Laboratory employee by email.

03/02/2010 The Counterespionage Section, National Security Division with the concurrence of the FBI requests that Special Administrative Measures be reduced to allow Nozette access to "publications/newspapers, television and radio."
01/04/2010 The government files opposition to the defendant's move to suppress.  Filing includes dialogue with an undercover FBI employee (UCE) during which Nozette agrees to spy for the Mossad.

“UCE: ….I’ll just say it real quick and then we’ll just
move on. Quick, I wanna clarify something from the start.
And I don’t say it very often, but umm, I work for Israeli
Intelligence…
NOZETTE: Mm-hmm
UCE:…Agency known here as Mossad.
NOZETTE: Mm-hmm
UCE: So from now on I’m not gonna say this. But if I say
service…
NOZETTE: Mm-hmm
UCE: ….so you know what that, what it is. But I just wanna be
sure, I’ll let it out so we don’t have any ambiguity later on. But….
NOZETTE:….Mm-hmm
UCE: How you doin’?
NOZETTE: Good. Happy to be of assistance.”

11/02/2010 Stewart Nozette files a motion to "suppress the fruits of the search of defendant's family home, person and car." 
10/21/2009 Nozette is incarcerated under special administrative measures (SAM) imposed by Attorney General Eric Holder based on the danger that "Nozette will disclose classified information, that the unauthorized disclosure of such information would pose a threat to the national security of the United States, and that the SAM on Nozette are reasonably necessary to prevent disclosure of such information."  The order is renewable on October 21, 2010.
10/21/2009 A Grand Jury indicts Stewart D. Nozette on the basis that he did "knowingly and unlawfully attempt to communicate, deliver, and transmit to a foreign government, to the Government of the State of Israel, and representatives, officers, and agents thereof, directly and indirectly, documents and information relating to the national defense of the United States."
10/16/2009 An attachment to the criminal complaint recommends two counts of "Unlawful attempt to deliver defense information to aid a foreign government."
10/16/2009 An affidavit in support of a criminal complaint and arrest warrant certifies that Nozette held special security clearance "Q" from the Department of Energy, equivalent to the US Department of Defense Top Secret and Critical Nuclear Weapon Design Information clearances.  DOE clearances provide to access to information specifically relating to atomic or nuclear-related materials. 

The complaint details an FBI sting operation against Nozette during which he agrees to spy for what he thinks is the Mossad.

   

 

 
 
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