Trump Orders ALL JFK Files for Release? Nah

Background

When Congress passed the JFK Assassination Records Collection Act in 1992 agencies throughout the Federal Government transferred assassination-related records to the National Archives which established the JFK Assassination Records Collection. The Collection consists of approximately 5 million pages of records. Approximately 88% of the records in the Collection are open in full. An addition 11% are released in part with sensitive portions removed. Approximately 1% of documents identified as assassination-related remain withheld in full. All documents withheld either in part or in full were authorized for withholding by the Assassination Records Review Board (ARRB), an independent temporary agency that was in existence from 1994 to 1998.

According to the Act, all records previously withheld either in part or in full should be released on October 26, 2017, unless authorized for further withholding by the President of the United States. The 2017 date derives directly from the law that states:

Each assassination record shall be publicly disclosed in full, and available in the Collection no later than the date that is 25 years after the date of the enactment of this Act, unless the President certifies, as required by this Act, that –

(i) continued postponement is made necessary by an identifiable harm to military defense, intelligence operations, law enforcement or conduct of foreign relations; and

(ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure.

The Act was signed by President Bush on October 26, 1992, thus the final release date is October 26, 2017.*

There is an estimated 3100 classified documents that are still held sequestered. CIA was investigating Lee Harvey Oswald and his movement from Moscow to Mexico City. Sources and methods are inside those 3100 documents and some are still used today.

President Trump approved the release but not ‘all’ the documents subject to more information.

The final 1964 report/investigation into the assassination of President Kennedy, known as the Warren Report is found here. This was the genesis of citizens not believing government and with good reason. Theories abound that included Lyndon Johnson planning the murder, to the Mafia being ordered to do so and finally to Trump while on the campaign trail accusing Ted Cruz’s father, Rafael.

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What did George de Mohrenschildt know? He has bee pinned as Oswald’s handler. de Mohrenschildt provided testimony and later more information surfaced. There are countless other names rarely discussed that allege knowledge of the assassination. Additional names include Antonio Veciana, Valery Kostikov and John McCone.

There is a former CIA agent known as George Joannides. He was the CIA psychological warfare station chief in charge of Cuba based in Miami where his office was located on the south campus of the University of Miami. At one point up to 400 CIA operatives worked out of this office in Operation Mongoose. What George Joannides knew and what he wanted admitted into evidence became a lawsuit.

For six years, the agency has fought in federal court to keep secret hundreds of documents from 1963, when an anti-Castro Cuban group it paid clashed publicly with the soon-to-be assassin, Lee Harvey Oswald. The C.I.A. says it is only protecting legitimate secrets. But because of the agency’s history of stonewalling assassination inquiries, even researchers with no use for conspiracy thinking question its stance.

The files in question, some released under direction of the court and hundreds more that are still secret, involve the curious career of George E. Joannides, the case officer who oversaw the dissident Cubans in 1963. In 1978, the agency made Mr. Joannides the liaison to the House Select Committee on Assassinations — but never told the committee of his earlier role.

That concealment has fueled suspicion that Mr. Joannides’s real assignment was to limit what the House committee could learn about C.I.A. activities. The agency’s deception was first reported in 2001 by Jefferson Morley, who has doggedly pursued the files ever since, represented by James H. Lesar, a Washington lawyer specializing in Freedom of Information Act lawsuits. More here.

When President Trump made his approval to release the balance of the JFK files it was subject to additional information and such is the case today as in Cuba up to 24 American officials have been subjected to major health issues since August of 2016 to an unknown sonic phenomenon while assigned to Cuba.

Eighty-eight percent of the Archives’ 5 million pages of JFK material are already public. Another 11 percent are partly public, with sensitive portions removed. Just 1 percent of the records remain fully secret.

Documents that show what the government knows about that 1963 trip have been kept secret for more than 50 years. Now, these records are among the remaining sealed documents about the JFK assassination set for release in coming months.

Unless President Donald Trump intervenes to stop them, the National Archives will make available tens of thousands of pages of previously unseen records on or before Oct. 26. That’s 25 years to the day President George H.W. Bush signed the John F. Kennedy Assassination Records Collection Act, which created a five-member board that reviewed and released millions of pages of records before it disbanded in 1998.

The controversy over the Warren Commission “kind of sent us down a path of losing trust in government,” Tunheim said. “The release of information could have moderated that, and they wouldn’t do it.”

Through the mid-1990s, the panel led by Tunheim exercised its extraordinary powers to collect and examine the vast quantities of records held by the FBI, CIA, State Department and many other agencies and private sources. It turned over about 5 million pages to the National Archives. About 11 percent remain partly secret. About 1 percent — or 3,600 files — have been completely withheld, after agencies argued they still could affect national security. More here.

In summary, Trump clarified his approval:

Trump administration officials told Politico Friday that some information would remain classified, since it contains important information on recent intelligence and law enforcement operations.  A National Security Council official confirmed to The Washington Post that federal agencies are asking the president not to release an unknown number of files. The official did not specify which agencies had made the requests.

 

Russia Takes Over Kurds Oil Pipeline, Hillary?

LONDON/MOSCOW (Reuters) – Russia’s biggest oil company, Rosneft (ROSN.MM), has agreed to take control of Iraqi Kurdistan’s main oil pipeline, boosting its investment in the autonomous region to $3.5 billion despite Baghdad’s military action sparked by a Kurdish vote for independence.

The move appears to be part of a strategy by President Vladimir Putin to boost Moscow’s Middle Eastern political and economic influence, which was weakened by the collapse of the Soviet Union.

Rosneft said it would own 60 percent of the pipeline, with current operator KAR Group retaining 40 percent. Sources familiar with the deal said Rosneft’s investment in the project was expected to total about $1.8 billion.

That comes on top of $1.2 billion that the Russian firm, which has struggled to raise Western loans due to U.S. sanctions, lent Kurdistan earlier this year to help fill holes in its budget. Rosneft also agreed to invest another $400 million in five exploration blocks. More here

You remember Rosneft right? That Russian oil conglomerate that donated big dollars to the Clinton Foundation during the Uranium One deal and even the NYT’s reported it.

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(Reuters) – A senior Iranian military commander repeatedly warned Kurdish leaders in northern Iraq to withdraw from the oil city of Kirkuk or face an onslaught by Iraqi forces and allied Iranian-backed fighters, Kurdish officials briefed on the meetings said.

Major-General Qassem Soleimani, commander of foreign operations for Iran’s elite Revolutionary Guards, traveled to Iraq’s Kurdistan region to meet Kurdish leaders at least three times this month before the Baghdad government’s lightning campaign to recapture territory across the north.

The presence of Soleimani on the frontlines highlights Tehran’s heavy sway over policy in Iraq, and comes as Shi’ite Iran seeks to win a proxy war in the Middle East with its regional rival and U.S. ally, Sunni Saudi Arabia.

Soleimani met leaders from the Patriotic Union of Kurdistan (PUK), one of the two main Kurdish political parties in northern Iraq, in the city of Sulaimania the day before Iraqi Prime Minister Haider al-Abadi ordered his forces to advance on Kirkuk, according to a PUK lawmaker briefed on the meeting.

His message was clear: withdraw or risk losing Tehran as a strategic ally.

“Abadi has all the regional powers and the West behind him and nothing will stop him from forcing you to return back to the mountains if he decides so,” the lawmaker quoted Soleimani as telling the PUK leadership.

The Iranian general evoked late Iraqi president Saddam Hussein’s massive attack on a Kurdish rebellion in 1991, when almost the entire Kurdish population fled northern Iraq to the mountains, the PUK lawmaker said.

“Soleimani’s visit … was to give a last-minute chance for the decision-makers not to commit a fatal mistake,” said the lawmaker, who like others interviewed in this story declined to be identified because of the sensitivity of the issue.

Commanders of the Iraqi Kurdish forces, known as the Peshmerga, have accused Iran of orchestrating the Shi’ite-led Iraqi central government’s push into areas under their control, a charge senior Iranian officials have denied.

But Iran has made no secret of its presence in Iraq.

“Tehran’s military help is not a secret anymore. You can find General Soleimani’s pictures in Iraq everywhere,” said an official close to Iranian President Hassan Rouhani.

“Now, beside political issues, Kirkuk’s oil is a very key element for Iran, which is an OPEC member. Control of those oil fields by Iran’s enemies would be disastrous for us. Why should we let them enter the oil market?.”

“THERE WILL BE CONFLICT”

Kirkuk fell to Iraqi government forces on Monday. Their offensive followed a referendum last month in which the semi-autonomous Kurdistan region voted to secede from Iraq against Baghdad’s wishes.

Kurds have sought an independent state for almost a century, after colonial powers divided up the Middle East after the fall of the Ottoman Empire and left Kurdish-populated territory split between Turkey, Iran, Iraq and Syria.

But Iraq’s two main Kurdish parties have been at odds over both the referendum and the approach to the crisis in Kirkuk, which the Kurds consider to be the heart of their homeland.

The PUK, a close ally of Iran, accused its rival, the Kurdistan Democratic Party (KDP), of putting the Kurds at risk of military intervention and isolation by pushing hard for the vote, which won wide approval for independence.

Soleimani has been allied to the PUK for years, but the referendum has drawn him even closer to Kurdish politics and expanded Iran’s reach in Iraq beyond the Baghdad government.

The Iranian general is no stranger to conflicts in Iraq, which fought an eight-year war with Iran in the 1980s. He has often been seen in footage from the frontlines, and Iran has long helped Baghdad to carry out its military strategy through paramilitary Shi’ite militias which it funds and arms.

Before the referendum, Soleimani suggested to Kurdish leaders that holding a vote on secession — which Iran feared would encourage its own Kurdish population to agitate for greater autonomy — would be risky.

“The Iranians were very clear. They have been very clear that there will be conflict, that these territories will be lost,” said one prominent Iraqi Kurdish politician who met Soleimani ahead of the Sept. 25 referendum.

On Oct. 6, barely a week after the vote, Soleimani attended the funeral of PUK leader Jalal Talabani. Again, he wanted to make sure even his closest Kurdish allies understood the dangers of not withdrawing from Kirkuk, officials said.

A senior Iranian diplomat in Iraq and an official in Iran close to Supreme Leader Ayatollah Ali Khamenei’s office said Soleimani met with Kurdish leaders after Talibani’s funeral and urged them to withdraw from Kirkuk and in exchange Tehran would protect their interests.

Soleimani met with one of Talabani’s sons, Bafel, a few days after his father was buried, one of the PUK officials said.

“Soleimani said Abadi should be taken very seriously. You should understand this,” the official said.

An Iranian source in Iraq said Soleimani was in Kirkuk two nights before the Iraqi government offensive for “a couple of hours to give military guidance.” Iraqi intelligence sources said Tehran sent a clear signal to the PUK.

“We understand from our sources on the ground that neighboring Iran played a decisive role in making the PUK chose the right course with Baghdad,” one Iraqi intelligence official told Reuters.

KURDISH DIVISIONS

Tensions over the referendum and Kirkuk have deepened divisions between the two main political parties in northern Iraq. The KDP accused the PUK of betraying the Kurdish cause by capitulating to Iran and striking a deal to withdraw.

“The Talabani clan were behind the offensive on Kirkuk. They asked Qassem (Soleimani) for help and his troops were there on the ground,” said a source close to Massoud Barzani, president of the Kurdistan Regional Government and head of the KDP.

“It is becoming clear that Iran is directing the operations to destroy the KDP.”

The PUK strongly denies this. Talabani’s son Bafel accused the KDP of missing a zero-hour chance to avoid losing Kirkuk by failing to reach a deal over a military base which Iraqi government forces had demanded to take back.

“Unfortunately we reacted too slowly. And we find ourselves where we are today,” Bafel told Reuters.

Two other Kurdish political sources gave a similar account.

Iran and Soleimani offered early assistance to northern Iraq’s Kurds in the fight against Islamic State, a rallying point for the Kurdish community. But after the devastating loss of Kirkuk, Iraqi Kurds have been left disillusioned.

“They (both PUK and KDP leaders) just make decisions on their own and play with people’s lives. In the end, we pay the price,” said pensioner Abdullah Ahmed in Sulaimania.  “This is a disaster for everyone. Everyone was united against Daesh (Islamic State). Now they are back just looking out for themselves.”

 

IAEA not Allowed to Inspect Iran Sites per Moscow

But Obama and Kerry told us they could….is there more than one version of the JCOA?

As the Trump administration calls for stricter monitoring of the Iranian nuclear agreement, officials in Iran insist they are complying with its terms and will not allow international inspectors into military sites.

Iran, which agreed in 2015 to grant inspectors broad access to nuclear-related facilities in exchange for the removal of severe economic sanctions, accuses President Trump of trying to sabotage what he has called the United States’ “worst deal.”

Trump has argued that Iran is violating the agreement struck under President Obama, although he has offered no evidence to support his claim and his administration has twice certified to Congress that Iran is in compliance.

But Trump administration officials looking for a way to increase pressure on Iran have begun to zero in on military facilities that they say could be used for nuclear-related activities barred under the agreement.

The IAEA, in its most recent report in June, said Iran was meeting its obligations under the pact. Experts say inspectors rely on intelligence reports and other information to determine whether sites they have not visited are being used for potentially illicit purposes. More here.

*** What about those snapback sanctions Obama told us about? The NYT’s wrote that the snapback sanctions were easy. What is the response of those American lobby groups that Obama hired on behalf of the Iran deal.

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Map of Iran's nuclear sites photo and more on each location courtesy of BBC

Inspectors with the International Atomic Energy Agency, the United Nations organization tasked with monitoring Iran’s nuclear facilities, have not requested access to military sites since the agreement went into effect, according to experts monitoring the process.

The Russian Deputy Foreign Minister refers to Section T – while ignoring that, as the Former Deputy Director General of the IAEA, Olli Heinonen notes, the IAEA has the authority under UN Security Council resolution 2231 to request access to sites and equipment associated with Section T.

This resolution “requests the Director General of the IAEA
to undertake the necessary verification and monitoring of Iran’s
nuclear-related commitments for the full duration of those commitments under
the JCPOA.” In addition, the resolution states: “The International Atomic
Energy Agency will be requested to monitor and verify the voluntary
nuclear-related measures as detailed in this JCPOA.”
An excerpt from his article follows the TASS item.]

Fuss around IAEA inspections of Iranian military facilities contrived –
Russian diplomat
If the other participants are eager to discuss the issue, Moscow “will be
ready to discuss it” presenting its stance, Sergei Ryabkov said
Russian Politics & Diplomacy
October 22, 0:10 UTC+3
http://tass.com/politics/971962

 

MOSCOW, October 22. /TASS/. Certain countries substitute notions in talks on
expanding inspections of the International Atomic Energy Agency (IAEA) at
the Iranian military facilities creating contrived fuss around the issue.
However, Russia says that the IAEA is not authorized to carry out such
inspections, Russian Deputy Foreign Minister Sergei Ryabkov told TASS on
Saturday.

“I would like to say absolutely clear and directly that acquiring some false
topicality the theme of the IAEA work on Section T (about Iran’s military
facilities – TASS) of the Joint Comprehensive Plan of Action (JCPOA) over
the Iran nuclear program has no topicality for us although it is a talking
point now,” he said.

In particular, Moscow says that the IAEA “has not been authorized to carry
out such inspections and cannot be tasked because Section T highlights the
issues out of the agency’s competence,” Ryabkov said.

“Nevertheless, we can hear another thing. As in the issue of the Iran
missile program, some of our counterparts prefer to call black white and
vice versa,” the high-ranking diplomat said. “We cannot get them to
understand this evident logic and obvious truth.”

“Since they are insisting, we say if you cannot do without discussions on
the theme, it should be raised at the Joint Commission when the next session
is convened,” Ryabkov said.

If the other participants are eager to discuss the issue, Moscow “will be
ready to discuss it” presenting its stance, he said.

JPCOA and US

On July 14, 2015, Iran and six international mediators (the United Kingdom,
Germany, China, Russia, the United States, and France) reached a deal on
Iran’s nuclear program. On January 16, 2016, the parties to the deal
announced beginning of its implementation. Under the deal, Iran undertakes
to curb its nuclear activities and place them under total control of the
International Atomic Energy Agency (IAEA) in exchange of abandonment of the
sanctions imposed previously by the United Nations Security Council, the
European Union and the United States over its nuclear program.

Last week, US President Donald Trump announced Washington’s new strategy
against Teheran. Thus, it says that the United States will seek to offset
Iran’s destabilizing influence and will call on the international community
to get consolidated for exerting pressure on Iran’s Islamic Revolutionary
Guard (IRGC, Iran’s most powerful security and military organization). Apart
from that, the US blacklisted the IRGC as an organization supporting
terrorism. Donald Trump refused to confirm Iran observed the agreement on
the nuclear program and promised changes to the document.
========================
Verifying Section T of the Iran Nuclear Deal: Iranian Military Site Access
Essential to JCPOA Section T Verification
by David Albright and Olli Heinonen
August 31, 2017
http://isis-online.org/isis-reports/detail/verifying-section-t-of-the-iran-nuclear-deal

The IAEA has the authority under UN Security Council resolution 2231 to
request access to sites and equipment associated with Section T. This
resolution “requests the Director General of the IAEA to undertake the
necessary verification and monitoring of Iran’s nuclear-related commitments
for the full duration of those commitments under the JCPOA.” In addition,
the resolution states: “The International Atomic Energy Agency will be
requested to monitor and verify the voluntary nuclear-related measures as
detailed in this JCPOA.”

Recommendations

 

The United States should assemble, if it has not already done so, its own
lists of equipment and locations relevant to Section T. It should also
prepare lists suitable for sharing with the IAEA or Joint Commission.
Similarly, U.S. allies should share relevant information with the IAEA. If
it has not done so, the IAEA should create a baseline of Section T
activities and equipment.

The United States and its allies should press the IAEA to develop and
establish an effective, credible verification regime under Section T that
includes requests to access military sites. The United States and the EU3
should also raise Section T and the likely need for approvals of such
equipment and activities by Iran at the next Joint Commission meeting.
Toward that goal, Iran should declare to the IAEA its sites and equipment
subject to Section T verification and approvals.
========
Olli Heinonen is Former Deputy Director General of the IAEA and head of its
Department of Safeguards. He is a Senior Advisor on Science and
Nonproliferation at the Foundation for Defense of Democracies.

Subpoena Tim Geithner About the Uranium One Deal for Starters

Ever wonder where any Hillary emails are with regard to this case both as Secretary of State or through the Clinton Foundation? Perhaps Huma knows all…did Obama’s OFA take any kickbacks? What else is out there that the Obama administration hid from congress and oversight? Anyway read on for context and the people line-up.
Under the Treasury Department is also the responsibility of sanctions and where waivers to those sanctions occur.

The Secretary of the Treasury is the Chairperson of CFIUS, and notices to CFIUS are received, processed, and coordinated at the staff level by the Staff Chairperson of CFIUS, who is the Director of the Office of Investment Security in the Department of the Treasury.

The members of CFIUS include the heads of the following departments and offices:

  1. Department of the Treasury (chair)
  2. Department of Justice
  3. Department of Homeland Security
  4. Department of Commerce
  5. Department of Defense
  6. Department of State
  7. Department of Energy
  8. Office of the U.S. Trade Representative
  9. Office of Science & Technology Policy

The following offices also observe and, as appropriate, participate in CFIUS’s activities:

  1. Office of Management & Budget
  2. Council of Economic Advisors
  3. National Security Council
  4. National Economic Council
  5. Homeland Security Council

The Director of National Intelligence and the Secretary of Labor are non-voting, ex-officio members of CFIUS with roles as defined by statute and regulation.

Of note for the Uranium One transaction to happen, unless there was a waiver:

What steps can be taken with respect to information required by § 800.402 to further facilitate CFIUS review?

Suggestions include:

  1. Section 800.402(j)(1) requires submission of organizational charts showing control and ownership of the foreign person that is a party to the transaction.  CFIUS’s review would be aided if the parties provide such charts for the U.S. business and if the charts for the U.S. business and the foreign person diagram the ownership chains for the acquirer and target before and after the transaction being notified to CFIUS.  These should be as extensive and detailed as possible.
  2. Sections 800.402(c)(1)(iii) and (v) require submission of information related to the foreign person and its parents.  CFIUS’s review would be aided if the notice identifies whether the actual party in interest is the party to the transaction or one of the parents of the party to the transaction.  CFIUS does not consider special purpose vehicles, wholly-owned subsidiaries established for the sole purpose of the transaction, or other shell companies to be the actual parties in interest in a transaction.
  3. Sections 800.402(c)(3)(iii) and (iv) require information regarding certain United States Government contracts.  Parties are advised to update and verify United States Government contact information for such contracts. Private sector entities not party to the notice are not acceptable points-of-contact for contracts in question.
  4. Filers should ensure that all files in the electronic version of a notice are less than five megabytes (5MB) in size.

What steps, though not required for a notice to be determined complete, may facilitate CFIUS review?

  1. CFIUS agencies have found it very helpful in the past for filing companies to provide the following additional information, even if the activity is not the primary focus of their commercial operations.  CFIUS often requests this information after a voluntary notice has been accepted if it was not included in the initial filing.
    1. Cyber systems, products, services:  Identify whether the U.S. business being acquired develops or provides cyber systems, products, or services, including:
      • Business systems used to manage or support common business processes and operations (for example, enterprise resource planning, e-commerce, email, and database systems); control systems used to monitor, assess, and control sensitive processes and physical functions (for example, supervisory control, data acquisition, process and distributed control systems); safety, security, support, and other specialty systems (for example, fire, intrusion detection, access control, people mover, and heating, ventilating, and air conditioning systems); or
      • (ii) Telecommunications and/or Internet or similar systems, products or services.
    2. Natural resources:  Identify whether the U.S. business being acquired processes natural resources and material or produces and transports energy, and the amount processed, produced, or transported annually.
  2. Discussion in the notice of the business rationale for the transaction may be useful.
  3. The regulations require parties to provide information regarding any other applicable national security-related regulatory authorities, such as the ITAR, EAR, and NISPOM.  Some of the regulatory review processes under these authorities may have longer deadlines than the CFIUS process, and parties to transactions affected by these other reviews may wish to start or complete these processes prior to submitting a voluntary notice to CFIUS under section 721.

The FBI has a network of informants domestically and it did the job it is tasked to do, that is until the Holder Justice Department ensured it could no longer do the job with regard to the Uranium One Case.

Before the Obama administration approved a controversial deal in 2010 giving Moscow control of a large swath of American uranium, the FBI had gathered substantial evidence that Russian nuclear industry officials were engaged in bribery, kickbacks, extortion and money laundering designed to grow Vladimir Putin’s atomic energy business inside the United States, according to government documents and interviews.

Federal agents used a confidential U.S. witness working inside the Russian nuclear industry to gather extensive financial records, make secret recordings and intercept emails as early as 2009 that showed Moscow had compromised an American uranium trucking firm with bribes and kickbacks in violation of the Foreign Corrupt Practices Act, FBI and court documents show.

They also obtained an eyewitness account — backed by documents — indicating Russian nuclear officials had routed millions of dollars to the U.S. designed to benefit former President Bill Clinton’s charitable foundation during the time Secretary of State Hillary Clinton served on a government body that provided a favorable decision to Moscow, sources told The Hill.

The racketeering scheme was conducted “with the consent of higher level officials” in Russia who “shared the proceeds” from the kickbacks, one agent declared in an affidavit years later.

When this sale was used by Trump on the campaign trail last year, Hillary Clinton’s spokesman said she was not involved in the committee review and noted the State Department official who handled it said she “never intervened … on any [Committee on Foreign Investment in the United States] matter.”

In 2011, the administration gave approval for Rosatom’s Tenex subsidiary to sell commercial uranium to U.S. nuclear power plants in a partnership with the United States Enrichment Corp. Before then, Tenex had been limited to selling U.S. nuclear power plants reprocessed uranium recovered from dismantled Soviet nuclear weapons under the 1990s Megatons to Megawatts peace program.

Vadim Mikerin was a director of Rosatom’s Tenex in Moscow since the early 2000s, where he oversaw Rosatom’s nuclear collaboration with the United States under the Megatons to Megwatts program and its commercial uranium sales to other countries. In 2010, Mikerin was dispatched to the U.S. on a work visa approved by the Obama administration to open Rosatom’s new American arm called Tenam.

The kickbacks were known by the FBI, they had to happen to advance the case and to allow them as evidence of wrong-doing.

His, Mikerin’s, illegal conduct was captured with the help of a confidential witness, an American businessman, who began making kickback payments at Mikerin’s direction and with the permission of the FBI. The first kickback payment recorded by the FBI through its informant was dated Nov. 27, 2009, the records show.

In evidentiary affidavits signed in 2014and 2015, an Energy Department agent assigned to assist the FBI in the case testified that Mikerin supervised a “racketeering scheme” that involved extortion, bribery, money laundering and kickbacks that were both directed by and provided benefit to more senior officials back in Russia. More here.

Mikerin indictment document here.

The plea deal and 2 associated cases here.

Mikerin was sentenced to 4 years and forfeited $2,126,622.36  :

According to court documents, Mikerin was the director of the Pan American Department of JSC Techsnabexport (TENEX), a subsidiary of Russia’s State Atomic Energy Corporation and the sole supplier and exporter of Russian Federation uranium and uranium enrichment services to nuclear power companies worldwide, and the president of TENAM Corporation, a wholly owned subsidiary and the official representative of TENEX. Court documents show that between 2004 and October 2014, conspirators agreed to make corrupt payments to influence Mikerin and to secure improper business advantages for U.S. companies that did business with TENEX, in violation of the Foreign Corrupt Practices Act (FCPA). Mikerin admitted that he conspired with Daren Condrey, Boris Rubizhevsky and others to transmit approximately $2,126,622 from Maryland and elsewhere in the United States to offshore shell company bank accounts located in Cyprus, Latvia and Switzerland with the intent to promote the FCPA violations. Mikerin further admitted that the conspirators used consulting agreements and code words to disguise the corrupt payments.

Condrey, 50, of Glenwood, Maryland, pleaded guilty on June 17, 2015, to conspiracy to violate the FCPA and conspiracy to commit wire fraud. Rubizhevsky, 64, of Closter, New Jersey, pleaded guilty on June 15, 2015, to conspiracy to commit money laundering. Condrey and Rubizhevsky await sentencing.

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Mikerin

 

Officials Potentially Influenced (Name; Title; Organization): 

  • Vadim Mikerin; President; TENAM Corporation
  • Vadim Mikerin; Director of the Pan American Department; JSC Techsnabexport (“TENEX”)

Defendant-Related Entities Involved in the Misconduct:    N/A

Third-Party Intermediary:   

  • Cypriot shell company , Shell Company
  • Latvian shell company , Shell Company
  • Swiss shell company , Shell Company
  • Vadim Mikerin , Agent/Consultant/Broker

 

Veterans Sue U.S. Firms’ Bribes Funded Iraq Militia

Suit: U.S. Firms’ Bribes Funded Iraq Militia Attacks on Americans

WASHINGTON — A group of American veterans filed a federal lawsuit Tuesday against U.S. and European drug companies and medical device makers, accusing them of supporting an Iran-backed Iraqi militia that killed and wounded hundreds of Americans.

The suit is filed under a law that allows Americans injured by terrorism overseas to seek civil damages. The more than 100 plaintiffs include injured U.S. Iraq war veterans and their families. The defendants are either parent companies or subsidiaries of AstraZeneca plc (AZN); Johnson & Johnson (JNJ); Pfizer Inc. (PFE); Roche Holding AG (RHHBY); and the General Electric Company (GE).

The 203-page lawsuit accuses the companies of paying bribes to officials of Iraq’s health ministry that benefited the Mahdi Army, an Iranian-backed militia that the suit says worked closely with Hezbollah, a Lebanese group that has been designated a terrorist organization by the U.S. government.

Iraqi Shiites of the Mahdi Army militia loyal to cleric Moqtada al-Sadr vow to fight ISIS in a show of strength in a military parade on June 21, 2014 in the Sadr City district of Baghdad, Iraq.Scott Peterson / Getty Images file

The companies sold Iraq’s government-run healthcare system millions of dollars worth of drugs and medical devices, and paid the bribes, the suit alleges, as a cost of doing business.

Related reading: Mahdi Army

Related reading: By late 2006, at the height of sectarian violence, the Sadrists were a formidable military force. In the wake of the February 2006 bombing of the al-Askari Mosque in Samarra (one of the holiest Shi’a shrines) and frequent attacks by al Qaeda in Iraq, JAM positioned itself as a security guarantor for the Shi’a. However, the organization also spawned death squads responsible for sectarian cleansing.By mid-2006 these militias were engaged in a violent campaign of expansion into Sunni and mixed Sunni-Shi’a neighborhoods. JAM soon controlled large areas of Baghdad and they increasingly relied upon corruption, intimidation, and extortion to enhance their wealth and power. More here.

After the U.S. invasion, Iraq’s political factions divvied up government departments under a political spoils system, and the Mahdi Army’s political wing took control of the health ministry. The state-owned drug purchasing monopoly, Kimadia, demanded a 20 percent “religious tax” from the vendors on every contract, the lawsuit said.

“That policy required, as a general matter, companies doing business with Kimadia to pay commissions of at least 20 percent on every contract, the lawsuit says. “This was sometimes paid in the form of in-kind bribes but was often paid in cash as well. Such cash payments were typically called ‘commissions’ — the Iraqi euphemism for bribes. From 2004-2013, it was standard practice for companies dealing with (the Ministry of Health) to pay ‘commissions’ on every major sales contract.”

The in-kind bribes were in the form of what were known as “free goods,” including drugs and medical devices, that Iraqi officials would sell on the black market, says the lawsuit, which specifically accuses each defendant of paying such bribes.

The suit says the defendants paid the bribes even though they knew or should have known that the money was going to a dangerous armed faction.

Image: Moqtada al-Sadr
Iraqi Shiite cleric Moqtada al-Sadr delivers a speech to his supporters following Friday prayers at the grand mosque of Kufa in the holy city of Najaf, on April 3, 2015.Haidar Hamdani / AFP/Getty Images file

“Defendants knew or recklessly disregarded that their transactions helped fund Jaysh al-Mahdi attacks on Americans,” the suit says, using an Arabic term for the Mahdi Army.

In a statement, Pfizer said it “categorically denies any wrongdoing.” Roche said it had not been served with the suit and could not comment. A GE spokesperson said the company became aware of the complaint Tuesday and is “thoroughly reviewing the allegations.” The other companies did not immediately respond to requests for comment.

The Mahdi Army, led by Muqtada al-Sadr, is an Iranian-backed militia that opposed the American invasion and occupation of Iraq. It was never designated a terrorist organization by the U.S., a fact that could pose a legal hurdle for the plaintiffs. The suit argues that it acted as a terrorist organization and worked closely with Hezbollah, a designated terrorist organization.

Sadr posed a problem for the American war effort from the start, when he allegedly stabbed to death a U.S.-backed political opponent in 2003. American authorities issued a warrant for his arrest on murder charges but never executed it, fearful of the backlash it might cause among his Shiite supporters.

The U.S. thrice contemplated operations to kill Sadr but decided against doing so, a former CIA officer with personal knowledge told NBC News.

Sadr and his militia fought on and off for years against U.S. forces. In 2004, after the U.S. closed his newspaper, his forces seized control of Shiite areas around Iraq, leading to fighting that killed at least 19 Americans.

The lawsuit cites media and government reports asserting that the Mahdi Army worked closely with Hezbollah to attack American forces, including with sophisticated Iranian-build roadside bombs that penetrated U.S. armor.

Those bombs, known as explosively formed penetrators, or EFPs, killed 196 Americans and wounded 861 from 2005 to 2011, according to a U.S. military study cited in the lawsuit.

The suit was brought by the Washington, D.C.-based law firms of Sparacino & Andreson PLLC and Kellogg, Hansen, Todd, Figel & Frederick, PLLC.

One of the plaintiffs’ lawyers, David C. Frederick, represented NFL players in their suit against the NFL over brain injuries. That case resulted in a $765 million settlement fund for players.

Some of the defendants have been accused in the past of violating the U/S. law against bribing foreigners to secure business.

In 2010, GE paid $23.4 million to the federal government to settle allegations by the Securities and Exchange Commission that its subsidiaries had violated the Foreign Corrupt Practices Act in connection with alleged kickbacks paid in Iraq under the United Nations’ oil-for-food program. The GE subsidiaries were selling medical and water purification equipment to the Iraqi government.

The kickbacks were paid from 2000 to 2003 and consisted of cash, computer equipment, medical supplies, and services to the Iraqi Health Ministry or the Oil Ministry, the government said at the time.

In 2011, Johnson & Johnson agreed to pay a $21.4 million penalty to resolve criminal FCPA charges with the Justice Department, and another $48.6 million in disgorgement and prejudgment interest to settle the SEC’s civil charges, in a case alleging improper payments to doctors in Greece by J&J subsidiary DePuy Inc.

Last year, AstraZeneca PLC agreed to pay more than $5 million in penalties after the SEC accused it of violating the books and records and internal controls provisions of the Foreign Corrupt Practices Act in connection with allegedly illegal payments made by subsidiaries in China and Russia to boost drug sales. AstraZeneca settled the enforcement action without admitting or denying the SEC’s findings.