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CIA 기밀유출사고 발생 - 작가에 '이란핵정보' 유출 스털링요원 체포 [기소장 원문]


CIA주요작전의 작전담당관등을 역임한 18년차의 중견 CIA 요원이 작가에게 1급 기밀을 유출한 혐의로 FBI에 체포됐습니다 

위키리크스 미국무부 비밀전문 폭로파문이 일파만파로 번지고 있는 가운데 CIA 요원이 체포됨으로써 오바마 집권이후
중요기밀유출사건은 브래들리 매닝을 포함해 스털링 요원까지 모두 5건으로 늘어났습니다

미법무부는 지난 6일 보도자료를 통해 제프리 스털링 CIA 요원이 작가에게 1급기밀을 유출한 혐의로 체포됐다고 발표했습니다
미법무부는 지난해 12월 22일 미 연방법원 버지니아 동부법원에 제프리 알렉산더 스털링 CIA 요원에 대한 기소장과 체포영장을 신청하면서 비공개를 요청했고 법원은 스털링의 신병확보때까지만 이 서류의 비공개를 허용했으며 스털링이 체포됨으로써
모든 것이 공개됐습니다

스털링의 기소장은 31페이지분량으로 스털링이 미국정부의 기밀보호규정을 어기고 돈을 받고 작가에게 미국의 1급기밀을 넘겼으며 이 작가는 이 내용을 소설로 출판했다고 기재돼 있습니다

기소장에는 스털링이 유출한 기밀관련 국가가 A, 중요인물이 HUMAN ASSET NO 1 이라고 표기되는등 엄격히 기밀유출을 차단하고 있으나 관련 국가는 이란이며 관련 기밀은 이란 핵시설인 것으로 알려지고 있습니다

스털링으로 부터 관련기밀을 넘겨받은 작가는 수차례에 걸쳐 수만달러를 전달했으며 지난 2006년 부시행정부시대의  STATE OF WAR라는 제목으로 책을 출판한 것으로 알려지고 있습니다

한편 오바마행정부 출범이래 발생한 중요기밀유출사건은 모두 5건으로 위키리크스와 관련된 브래들리 매닝, 국무부 산하기관
정보분석관 스티븐 진우 김, FBI의 샤만 라이포비츠, NSA의 토마스 드레이크 그리고 제프리 스털링등 입니다

미 법무부 보도자료 http://www.justice.gov/opa/pr/2011/January/11-crm-015.html


스털링요원 기밀유출혐의 체포
미 국무부 보도자료
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, January 6, 2011
Former CIA Officer Arrested for Alleged Unauthorized Disclosure of National Defense Information and Obstruction of Justice

WASHINGTON – A former CIA officer was arrested today on charges that he illegally disclosed national defense information and obstructed justice, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney Neil H. MacBride for the Eastern District of Virginia.

Jeffrey Alexander Sterling, 43, of O’Fallon, Mo., was charged in a 10-count indictment returned by a federal grand jury in the Eastern District of Virginia on Dec. 22, 2010, and unsealed today.  The indictment charges Sterling with six counts of unauthorized disclosure of national defense information, and one count each of unlawful retention of national defense information, mail fraud, unauthorized conveyance of government property and obstruction of justice.  Sterling was arrested today in St. Louis and is expected to make his initial appearance this afternoon before U.S. Magistrate Judge Terry I. Adelman in U.S. District Court for the Eastern District of Missouri.

According to the indictment, Sterling was employed by the CIA from May 1993 to January 2002.  From November 1998 through May 2000, he was assigned to a classified clandestine operational program designed to conduct intelligence activities related to the weapons capabilities of certain countries, including Country A. During that same time frame, he was also the operations officer assigned to handle a human asset associated with that program.  According to the indictment, Sterling was reassigned in May 2000, at which time he was no longer authorized to receive or possess classified documents concerning the program or the individual.

In connection with his employment, the indictment alleges that Sterling, who is a lawyer, signed various security, secrecy and non-disclosure agreements in which he agreed never to disclose classified information to unauthorized persons, acknowledged that classified information was the property of the CIA, and also acknowledged that the unauthorized disclosure of classified information could constitute a criminal offense.  According to the indictment, these agreements also set forth the proper procedures to follow if Sterling had concerns that the CIA had engaged in any "unlawful or improper" conduct that implicated classified information.  These procedures permit such concerns to be addressed while still protecting the classified nature of the information.  The media, according to the indictment, was not an authorized party to receive such classified information under such circumstances.

The indictment alleges that Sterling, in retaliation for the CIA’s refusal to settle on terms favorable to him in the civil and administrative claims he was pursuing against the CIA, engaged in a scheme to disclose information concerning the classified operational program and the human asset – first, in connection with a possible newspaper story to be written by an author employed by a national newspaper in early 2003 and, later, in connection with a book published by the author in January 2006.

"The indictment unsealed today alleges that Jeffrey Sterling violated his oath to protect classified information and then obstructed an investigation into his actions. Through his alleged actions, Sterling placed at risk our national security and the life of an individual working on a classified mission," said Assistant Attorney General Lanny A. Breuer. "Those who violate the law, and the trust placed in them by the U.S. government to keep our national security information secure, must be held accountable."

"Our national security requires that sensitive information be protected," said U.S. Attorney MacBride. "The law does not allow one person to unilaterally decide to disclose that information to someone not cleared to receive it. Those who handle classified information know the law and must be held accountable when they break it."

The indictment alleges that Sterling took a number of steps to facilitate the disclosure of the classified information, including:

  • stealing classified documents and other information from the CIA and unlawfully retaining those documents without the authority of the CIA;
  • communicating by telephone, via e-mail and in person with the author in order to arrange for the disclosure of or to disclose classified information to the author;
  • meeting with the author in person to orally disclose classified information to the author and to provide documents containing classified information to the author for review or use;
  • characterizing the classified information in a false and misleading manner as a means of inducing the author to write and publish a story premised on that false and misleading information;
  • deceiving and attempting to deceive the CIA into believing that he was a former employee adhering to his secrecy and non-disclosure agreements; and
  • deliberately choosing to disclose the classified information to a member of the media, knowing that such an individual would not reveal his identity, thereby concealing and perpetrating the scheme.

Specifically, the indictment alleges that beginning in August 2000, Sterling pursued various administrative and civil actions against the CIA concerning alleged employment-related racial discrimination and decisions made by the CIA’s Publications Review Board regarding Sterling’s efforts to publish his memoirs. According to the indictment, on Feb. 12, 2003, the CIA rejected Sterling’s third offer to settle his discrimination lawsuit, which was ultimately dismissed by the court.

The indictment alleges that beginning a few weeks later, in February and March 2003, Sterling made various telephone calls to the author’s residence, and e-mailed the author a newspaper article about the weapons capabilities of Country A. According to the indictment, while the possible newspaper article containing the classified information Sterling allegedly provided ultimately was not published in 2003, Sterling and the author remained in touch from December 2003 through November 2005 via telephone and e-mail. The indictment alleges that in January 2006, the author published a book which contained classified information about the program and the human asset.

The indictment also alleges that Sterling obstructed justice when, between April and July 2006, he deleted the e-mail he had sent to the author concerning the weapons capabilities of Country A from his account. According to the indictment, Sterling was aware by June 2003 of an FBI investigation into his disclosure of national defense information, and was aware of a grand jury investigation into the matter by June 2006, when he was served a grand jury subpoena for documents relating to the author’s book.

The charges of unauthorized disclosure and retention of national defense information each carry maximum penalties of 10 years in prison. The charge of mail fraud carries a maximum penalty of 20 years in prison. The charge of unauthorized conveyance of government property carries a maximum penalty of 10 years in prison. The charge of obstruction of justice carries a maximum penalty of 20 years in prison. Each of these charges also carries a maximum fine of $250,000 or twice the loss or gain associated with the offense.

An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty in a court of law.

This case is being prosecuted by Senior Litigation Counsel William M. Welch II of the Criminal Division, Trial Attorney Timothy J. Kelly of the Criminal Division’s Public Integrity Section and Senior Litigation Counsel James L. Trump of the Eastern District of Virginia. The case was investigated by the FBI’s Washington Field Office, with assistance in the arrest from the FBI’s St. Louis Field Office.

11-015
Criminal Division