Argentina, U.S. Treasury, a Bombing and a Murder

Exclusive: Documents Confirm Leak of Unexplained Deposits to Nisman’s US Bank Account

by Michael LaSusa

Documents obtained exclusively by LobeLog confirm that Argentine officials violated an agreement with the US Treasury Department by leaking sensitive financial information regarding deceased prosecutor Alberto Nisman. These leaks could complicate further US-Argentine cooperation in the controversial investigations surrounding Nisman’s death.

The leaks exposed a number of suspicious financial transactions involving a New York bank account maintained by Nisman since March 2002. Argentine authorities are currently investigating the possibility that the account was used for money laundering, while a separate inquiry attempts to determine the cause of Nisman’s death.

Argentine investigators have previously hypothesized that some of the deposits in Nisman’s New York account could be linked to a group of US investors, including some prominent funders of conservative political causes, who have been locked in a years-long legal battle with Argentina over the country’s debt.

And media reports have recently surfaced that appear to confirm that Nisman received questionable payments through a separate bank account in Uruguay from a company owned by US billionaire Sheldon Adelson, one of the most influential fund-raisers on the American conservative political scene.

Neither the money laundering investigation nor the inquiry into Nisman’s death has yet reached an official conclusion. But the information contained in the documents obtained by LobeLog, combined with a months-long investigation, sheds new light on a case that Argentine journalist Uki Goni wrote has “enough twists and turns to satisfy the most avid conspiracy theorist.”

Suicide or Murder?

When Nisman was found dead in his apartment on January 18, 2015, the news made headlines around the world. For more than a decade, the prosecutor had led the investigation into the 1994 bombing of the headquarters of the Argentine Jewish Mutual Association—AMIA, by its Spanish acronym—the deadliest anti-Semitic attack in Latin American history.

In 2006, Nisman formally charged several high-level Iranian officials with masterminding the bombing. Just days before he died, he had accused the administration of former Argentine President Cristina Kirchner of making a pact with the Iranians in 2013 to set aside their alleged involvement in the AMIA attack in exchange for closer economic ties between the two countries.

The day before Nisman was scheduled to testify about his allegations in an emergency session of congress, he was found dead in his bathroom with a single gunshot wound to his head.

Many observers have speculated that Nisman’s death relates in one way or another to his involvement in the AMIA case, especially given the nature and timing of the accusations he lodged against the Kirchner government. Kirchner herself has suggested that rogue elements of the country’s now-disbanded and reconstituted intelligence service murdered Nisman in order to destabilize her government.

On the other hand, Argentine journalist Facundo Pastor recently published a book suggesting that Nisman killed himself after realizing the weakness of the evidence for his allegations. “He spent two years confronting the government,” Pastor told The Independent, “but the day comes to present his case and Nisman realises that he has nothing.”

An Argentine federal judge dismissed Nisman’s charges against the Kirchner administration soon after the prosecutor’s death. The country’s recently inaugurated president Mauricio Macri has promised not to appeal a separate ruling by an Argentine court that declared the 2013 agreement with Iran unconstitutional.

Argentine government investigators still have not determined whether Nisman’s death was a suicide or a murder, but members of Nisman’s family have questioned several aspects of the government’s inquiry so far. And adding yet another twist to an already convoluted story, the late prosecutor’s ex-wife, Sandra Arroyo Salgado, who serves as a federal judge in Argentina, has maintained that Nisman was assassinated for “economic motives.”

Money Laundering

Arroyo Salgado revealed the existence of Nisman’s New York bank account to Argentine authorities in March 2015. Nisman’s mother, Sara Garfunkel, and his sister, Sandra Nisman, were listed as signatories on the account, as was Diego Lagomarsino—the technology expert who worked in Nisman’s office and admitted to giving the late prosecutor the gun that apparently killed him.

Shortly after Arroyo Salgado’s revelation, the Financial Information Unit (UIF) of the Argentine Justice and Human Rights Ministry asked for money laundering charges to be brought against Lagomarsino, who had reportedly sent half his monthly salary to the New York account. Soon after Lagomarsino was charged, Garfunkel and Sandra Nisman were also indicted for their alleged involvement in laundering funds through the account.

In April, the federal judge then in charge of the case, Rodolfo Canicoba Corral, requested information on the alleged money laundering from US authorities. According to the documents obtained by LobeLog, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) “shared sensitive financial information with the UIF on Argentinian [sic] subjects associated with the deceased prosecutor and their joint investment account at Merrill Lynch in New York, and other accounts in Uruguay and other countries.”

“Since the [Argentine] courts’ requests for information from the US Department of Justice (DOJ) were taking too long,” the document continues, the head of the UIF, Jose Alberto Sbatella, “was asked by Argentine Federal Judge Canicoba Corral to ask for FinCEN’s permission to incorporate FinCEN’s relevant report in the case file so that it could be used as evidence in court.”

On July 7, Argentine news outlet Infobae reported that it had gained exclusive access to documents related to the money laundering case. A few days later, on July 16, Infobae reported that Sbatella had turned over the FinCEN report to Canicoba Corral, and that the judge was seeking to incorporate it as evidence in the proceedings. (This request was granted in September.)

Then, on July 27, the Buenos Aires-based news outlet Pagina/12 published an article titled “Nisman and his incredible financial relations,” which revealed previously unknown details about suspicious transactions involving Nisman’s New York account.

Several other media reports followed that contained information apparently provided by FinCEN to the UIF, which had in turn handed it over to Canicoba Corral, who was removed from the case in November after making prejudicial statements to various media outlets about the defendants’ alleged guilt.

Anatomy of a Leak

A US State Department employee sent an email with an English translation of the Pagina/12 article to colleagues at the Treasury Department on August 6, captioning it with the message, “It now appears indisputable that Argentine authorities, in violation of their agreement with Treasury, have leaked information about Alberto Nisman.”

Argentine news outlet Perfil subsequently published a front-page report on August 23 titled, “Nimsan received almost $600,000 in the US from nine suspicious depositors.” The English-language Buenos Aires Herald followed up the story the next day with a piece headlined, “Suspicious transfers raise more questions on Nisman.”

On August 24, a State Department employee sent another email to colleagues at the Treasury Department with links to both above-mentioned articles.

“[I] wanted to make sure you or you successor at Treasury saw that the story below made the front page of Perfil this weekend and was picked up by the [Buenos Aires] Herald today,” the message reads in part. The author then asks, “Is this just rehashing of an old story or something new?”

The documents—obtained by LobeLog from the Treasury Department via a freedom of information request—are almost entirely redacted, making it impossible to tell what, if any, response Treasury employees provided to the State Department emails.

The Treasury Department and the State Department declined to comment for this story, as did the US Department of Justice. The latter claimed through a spokesperson that the “investigation is a matter of Argentine jurisdiction and, therefore, any inquiries should be directed to Argentine authorities.” LobeLog sought comment from the Argentine Ministry of Justice and Human Rights, but did not receive a response.

Unexplained Transactions

The August 23 article from Perfil, based on information reportedly provided by US financial investigators to their Argentine counterparts, detailed nearly $600,000 in suspicious deposits made to Nisman’s New York bank account between 2012 and 2014.

Officials from the UIF had previously speculated that some of that deposits could have originated from the “holdouts,” a group of investors who have refused Argentina’s debt restructuring offers, and who stand to make billions of dollars if they prevail in the related legal dispute that is currently playing out in U.S. courts. One of the most prominent “holdouts” is NML Capital, owned by billionaire hedge fund manager and Republican Party power broker Paul Singer.

Since Nisman’s death, lobbying groups with ties to the “holdouts” have funded efforts to promote his work on the AMIA case. While the prosecutor was alive, these organizations spent millions of dollars on a campaign to “do whatever we can to get our government and media’s attention focused on what a bad actor Argentina is,” in the words of one group’s executive director.

An independent investigation by LobeLog did not reveal any definite links between the “holdouts” and the depositors identified by various news reports. However, the timing of some of the transactions does appear to coincide with important developments related to the debt dispute.

One example is that of “Joseph Gestetner,” who deposited $10,000 in Nisman’s account on September 13, 2012. Perfil reported that his name “does not appear in official records.” When contacted for comment, New York-based public relations professional and Orthodox Jewish community activist Yossi Gestetner—sometimes known as Joseph—denied that the documents obtained by Perfil referred to him.

Public records searches similarly turned up little information about “Daniel Benayon,” who transferred $15,000 to Nisman’s account on the same day as the transfer from Gestetner. A Facebook profile indicates that a man named Daniel Benayon lived in Argentina and worked for a Buenos Aires-based Orthodox Jewish organization, but messages seeking comment from this individual did not receive a response.

One of the largest single deposits revealed by Perfil came from “RODFA Limited,” which transferred $134,975 to Nisman’s New York account on September 14, 2012—the day after the deposits from Gestetner and Benayon.

Public records research uncovered that the company was incorporated in March 2012 in Hong Kong, listing “Rodrigo Martin Ferreiros” and “Facundo Pla” as signatories on the incorporation documents. (The name RODFA appears to derive from the first several letters of the two individuals’ names.)

A document filed with the Hong Kong Companies Registry notes that Pla ceased to act as director of RODFA on September 1, 2012—roughly two weeks before the deposit to Nisman’s account. A separate document indicates that Ferreiros assumed the position of director in March 2013. According to RODFA’s most recent annual filing, Ferreiros, who listed a Buenos Aires address in the document, continued to serve as director of RODFA as of March 2015.

Infobae reporter Andres Ballesteros revealed that the Argentine Senate briefly employed an individual named Rodrigo Martin Ferreiros from September to December 2013. However, efforts to uncover more detailed information about Ferreiros and Pla, as well as attempts to contact them for comment, were unsuccessful.

The series of deposits from September 13 and 14, 2012—totaling roughly $160,000—occurred at the same time that an important discussion of the Argentine debt situation was unfolding at a meeting of the “Paris Club,” an informal group of financial officials from various countries tasked with helping resolve disputes between creditors and debtor nations. The deposits also coincided with mass anti-government protests in Argentina against the administration of then-president Cristina Kirchner.

More Mysterious Deposits

In addition to the transfers described above, Perfil also revealed a $50,000 deposit to Nisman’s account from “Guillermo N. Salemi” [sic] on August 21, 2014, as well as another deposit of $50,000 made the same day from a firm called “Las Tierras USA.” An individual named Guillermo N. Salimei [sic] is listed as the registered agent of three active companies incorporated in the Miami area in 2013, including Las Tierras USA.

When contacted for comment, the registered president of Las Tierras, Agustin Misson, confirmed that he was a “friend” of Salimei, but claimed that he did not know how to get in touch with him. Misson also said he knew nothing about the bank transfers. Further attempts to reach Salimei for comment were not successful.

On August 21, 2014, the same day as the transfers from Salimi and Las Tierras, a $10,000 deposit was made to Nisman’s account by an entity referred to as “Iungelson (from Israel).” Perfil reported that “Iungelson” may refer to a member of Nisman’s extended family, but LobeLog was unable to determine whether the name refers to an individual or an organization.

On August 22, 2014—the day after the Salimei, Las Tierras and Iungelson transfers—Nisman’s account received a $50,000 deposit from “Vivaterra SA,” whose name matches that of a South American travel agency based in Brazil. LobeLog made initial contact with a representative of the firm’s Argentina office, but repeated requests for comment went unanswered.

This series of deposits—also totaling $160,000—were made less than two weeks after the Kirchner administration announced that it would sue the United States in the International Court of Justice over a ruling by US judge Thomas Griesa that ordered US banks not to process any of Argentina’s payments to its debt-holders until the country also agreed to pay the “holdouts.” The bulk of these payments came on August 21—the same day that Griesa ruled against a proposal by the Argentine government intended as a workaround to his previous decision.

Further Twists and Turns

The name of yet another mysterious figure has also surfaced in connection with Nisman’s New York account: Claudio Picon, the owner of the Argentine packaging business Palermopack. Picon’s brother and business partner Fabian Picon is the son-in-law of Hugo Anzorreguy, the former head of Argentina’s intelligence service who is now on trial for his alleged role in facilitating a bribe to a key witness in the AMIA case.

Perfil reported last June that Claudio Picon deposited $200,000 in Nisman’s account in July 2012, around the time of crucial hearings in the US court system related to the debt dispute between Argentina and the holdouts.

In the August 23 expose, Perfil also documented transfers by Picon to Nisman’s New York account totaling $72,000 between January 2013 and March 2014—a time period during which the controversy over the debt dispute and the agreement between Argentina and Iran regarding the AMIA case reached a peak.

In addition, the Picon brothers’ company owned an Audi Q5 sport utility vehicle commonly driven by Nisman, which Claudio Picon has said he lent to the late prosecutor for free on account of their close friendship. Representatives for the Picons could not be reached for comment.

One of the most enigmatic figures mentioned in the documents obtained by Perfil is Damian Stefanini, an Argentine businessman who deposited $150,000 in Nisman’s account on October 23, 2012—less than a week before Griesa issued another ruling against Argentina in the debt dispute.

Perfil journalist Emilia Delfino reported that according to “judicial sources” Stefanini and Claudio Picon had traveled together to Sao Paulo around the time of that deposit, and that they had also traveled together to other countries, including Paraguay, Uruguay, the United States and China.

On October 17, 2014—just three months before Nisman’s death—Stefanini vanished. His car was later found abandoned near his accountant’s office in Buenos Aires, blocks away from the address listed by Ferreiros as director of RODFA.

Argentine authorities are investigating Stefanini’s disappearance as a kidnapping, but they have not yet identified any suspects. The international law enforcement organization Interpol has issued the equivalent of a worldwide missing person notice for Stefanini.

Arroyo Salgado, Nisman’s ex-wife, had been in charge of the investigation into Stefanini’s disappearance until she was recused from the case in October due to her potential for bias following the revelation of the financial link between the missing entrepreneur and her late ex-husband. Arroyo Salgado has indicated that she will appeal that decision.

Murky Outlook

The leak of information provided in confidence by US authorities to their Argentine counterparts could complicate further cooperation between the United States and Argentina regarding the investigations into Nisman’s death and the money laundering that allegedly occurred using his New York bank account.

At the same time, the recent election of Mauricio Macri as Argentina’s president could help improve the country’s often-strained relations with the United States. Following Macri’s victory, US congressional Representatives Ed Royce (R-CA) and Eliot Engel (D-NY) called for the US to “prioritize” its relationship with Argentina, saying the two nations “should be natural partners.”

When Macri announced his intention not to appeal the decision voiding the 2013 Argentine-Iranian agreement, the Twitter account of the foreign affairs committee of the House of Representatives posted a message signed by Royce that read, “Glad to see #Argentina has scrapped this disturbing pact w/ #Iran.”

It remains to be seen, however, whether an improvement in overall US-Argentine relations would also include a deepening of cooperation on the Nisman case, especially given the previous breach of trust.

In fact, the US Department of Justice recently declined a request to turn over Nisman’s electronic communication records to Argentine prosecutor Viviana Fein, who was leading the investigation into the late prosecutor’s death. Judge Fabiana Palmaghini has since replaced Fein as head of the investigation, and has made it clear that she intends to closely examine the possibility that Nisman may have been murdered.

As several observers and commentators have previously noted, Nisman is only the latest in a long line of high-profile Argentine figures who died suddenly under mysterious circumstances. Controversy continues to surround many of these previous cases years after the investigations ended. And even the AMIA case itself remains unsolved, despite the passage of more than two decades since the attack.

This history suggests that a full accounting of Nisman’s death—whether it was tied to his work on the bombing or to the suspicious deposits, or whether those two threads of the story relate to one another—will not be forthcoming any time soon.

Govt Employees Concerned About Cyber Intrusions, Hillary?

Not nearly enough when every government employee is not fretting over cyber espionage most of all those at the State Department.

Nearly 9 in 10 Government Employees Concerned about Cyber Breaches in Their Organization

 

The public sector experienced nearly 50 times more cyber incidents than any other industry in 2014, and government agencies consistently cite implementing robust, agile cybersecurity measures as a top priority. As threats continue to evolve in both scale and capacity, it is increasingly essential that organizations devise and implement robust, agile measures to continuously detect, monitor, and address both external and internal vulnerabilities.

In an effort to learn more about the perspective of public sector employees on cybersecurity, Government Business Council conducted a flash poll on the following question:

GBC received responses from 160 federal, state, and local government employees. Nearly 90% stated that they were concerned or very concerned about the impact of cyber attacks; only 5% were not very concerned or not at all concerned about potential breaches. The results also reveal cybersecurity to be a more pressing concern for state and local organizations than for their federal counterparts: 96% of state and local respondents were concerned or very concerned about breaches, a 13-point difference from the percentage of federal employees expressing a similar level of concern.

Lack of resources might make cybersecurity a more pressing issue for state organizations — according to a 2015 survey of state CIOs, 64% cited insufficient funding as a major barrier against addressing cyber threats, and 62% cited inadequate availability of security professionals. There is also a disconnect between perception of state cybersecurity capabilities and reality: while 60% of state officials had a high level of confidence in the ability of states to defend against attacks, only a quarter of state CISOs responded likewise.

Moving forward, state and federal agencies should continue to invest in developing a cohesive cybersecurity strategy, recruiting and retaining personnel with the relevant skill set, and sharing threat information and best practices across organization. As federal CIO Tony Scott puts it, “Cyber threats cannot be eliminated entirely, but they can be managed much more effectively. And we can best do this by aligning and focusing our efforts, by properly funding necessary cyber investments, by building strong partnerships across government and industry, and by drawing on the best ideas and talent from across the country to tackle this quintessential problem of the 21st century.” GBC will revisit this topic in future research posts.

‘This was all planned’: Former IG says Hillary, State Dept. are lying

NYPost: The State Department is lying when it says it didn’t know until it was too late that Hillary Clinton was improperly using personal emails and a private server to conduct official business — because it never set up an agency email address for her in the first place, the department’s former top watchdog says.

“This was all planned in advance” to skirt rules governing federal records management, said Howard J. Krongard, who served as the agency’s inspector general from 2005 to 2008.

The Harvard-educated lawyer points out that, from Day One, Clinton was never assigned and never used a state.gov email address like previous secretaries.

“That’s a change in the standard. It tells me that this was premeditated. And this eliminates claims by the State Department that they were unaware of her private email server until later,” Krongard said in an exclusive interview. “How else was she supposed to do business without email?”

He also points to the unusual absence of a permanent inspector general during Clinton’s entire 2009-2013 term at the department. He said the 5½-year vacancy was unprecedented. Much more to Sperry’s summary is here.

What do the former military special forces have to say on the matter of Hillary and even some betrayal within their own ranks?

Sofrep: A source within the State Department confirmed with SOFREP back in 2012 that Hillary’s top aid within the department pre-interviewed people regarding Benghazi before they were interviewed by the State Department’s own internal Benghazi Accountability Review Board.

The problem with the State Department investigating itself is that the investigation produced no significant change in the dysfunctional leadership, nor did it hold people accountable for clear negligence (the top three at fault being Hillary Clinton, Charlene Lamb, and Patrick Kennedy). The organization continues to rot from the top down.

Hillary, in particular, shares something in common with former Navy SEAL Team 6 member Matt Bissonette: They both potentially disclosed top secret government information, a clear violation of her non-disclosure agreement and oath. They also share pending legal problems with the feds.

The federal government continues to aggressively pursue Bissonette and anyone associated with him for disclosures in his book “No Easy Day” and for new information found on his personal computer that Bissonette turned over to federal investigators. SOFREP knows of at least one additional active-duty member forced to retire early as a result of information found on Bissonette’s laptop. Will the same measure of justice and accountability be applied to the political celebrity and former Secretary of State Clinton?

In a recent New York Times article, the editorial board endorsed Hillary Clinton as an experienced presidential candidate.

As secretary of state, Mrs. Clinton worked tirelessly, and with important successes, for the nation’s benefit. She was the secretary President Obama needed and wanted: someone who knew leaders around the world, who brought star power as well as expertise to the table. The combination of a new president who talked about inclusiveness and a chief diplomat who had been his rival but shared his vision allowed the United States to repair relations around the world that had been completely trashed by the previous administration. -NY Times editorial board 

Hillary leveraged her political star power to secure her position as secretary of state, a clear Democrat concession prize for losing to Obama last time around. It was likely her strategic plan to further build her resume, and wait things out until 2016. She did little to promote American diplomacy or secure global stability abroad (two pillars of the department’s mission statement).

This is a woman that will do and say anything to get what she wants. I have very little respect for her. I know what she said to me and she can say all day long that she didn’t say it. That’s her cross to bear. She knows that she knew what happened that day, and she wasn’t truthful, and that has come out in the last hearings — that she told her family one thing and was telling the public another thing. —Sister of fallen hero Glen Doherty, Kate Quigley  Full article and video is here.

 

Another Secret Deal for Iran via Obama, Missile Technology

It is apparent we don’t know enough with regard to who is in this country, why they are here and how they are being used and exploited as bargaining tools by the White House and John Kerry advancing Iran’s position in the world. John Kerry and the State Department have given into every request and thrown in so much more to sweeten the pot, but to what end is the big question.

IranWatch: Arrested on June 8, 2010, in connection with an indictment filed on June 2, 2010, in the U.S. District Court for the District of Maryland, charging Modanlo, along with Iranian citizens Hamid Malmirian, Reza Heidari, Mohammad Modares, Abdol Reza Mehrdad, and Sirous Naseri, with conspiring, between January 2000 and November 2007, to supply Iran with satellite technology and hardware in violation of the International Emergency Economic Powers Act (IEEPA); convicted, on June 10, 2013, of conspiracy to defraud the United States, violating the Iran Trade Embargo, and money-laundering; the remaining defendants in the case have not been arrested (as of June 2013).

Allegedly attended meetings with Iranian officials that facilitated contact with POLYOT, a Russian government-owned aerospace enterprise, which led to the launch of an Iranian satellite on October 27, 2005; allegedly chairman and managing member of New York Satellite Industries, LLC, which allegedly received $10 million from a front company, Prospect Telecom, as consideration for facilitating the agreement between Iran and POLYOT, as well as for providing telecommunications services as part of that agreement; New York Satellite Industries allegedly used Modanlo’s home address as its business address; allegedly served as chairman and president of Final Analysis, Inc., and was president of its subsidiary, Final Analysis Communication Services; reportedly was refused entry into Russia for attempting to acquire technical documentation on satellites and missiles to be transferred to Iran in violation of Russian export controls.

An Iranian-born naturalized U.S. citizen and a mechanical engineer; 52 years old (as of June 2013).

Potomac Man Sentenced To 8 Years In Prison For Conspiring To Illegally Provide Satellite Services To Iran

Exclusive: White House dropped $10 million claim in Iran prisoner deal

Reuters: Nader Modanlo was facing five more years in federal prison when he got an extraordinary offer: U.S. President Barack Obama was ready to commute his sentence as part of this month’s historic and then still-secret prisoner swap with Iran. He said no.

To sweeten the deal, the U.S. administration then dropped a claim against the Iran-born aerospace engineer for $10 million that a Maryland jury found he had taken as an illegal payment from Iran, according to interviews with Modanlo, lawyers involved and U.S. officials with knowledge of the matter.

The surrender of the U.S. claim, which has not previously been reported, could add to scrutiny of how the Obama administration clinched a prisoner deal that has drawn criticism from Republican presidential candidates and lawmakers.

A Washington-based spokesman for the Justice Department declined to comment on discussions over the $10 million, which the jury found that Modanlo was paid to help Iran launch its first satellite in 2005. Modanlo says the money was a loan from a Swiss company for a telecoms deal.

In the prisoner swap, five Americans held in Iran were released at the same time as seven Iranians charged or imprisoned in the United States were granted pardons or had their sentences commuted. The deal accompanied the Jan. 16 implementation of a landmark agreement that curbs Iran’s nuclear program in exchange for sanctions relief.

Even after receiving the improved offer on Friday, Jan. 15, Modanlo said he didn’t budge at first. He wanted a chance to clear his name in court, he says.

“I was mostly disappointed that I have to give up my right to appeal,” Modanlo, 55, told Reuters in one of his first interviews since being released.

“If they believe in their justice system why would they deprive me of it? Let them prove me wrong.”

As part of their clemency agreements, all of the Iranians had to renounce any claims against the U.S. government. All but one had been accused of violating the economic sanctions the United States has enforced against Iran for decades.

Modanlo’s reluctance to accept Obama’s offer became an eleventh-hour complication to an otherwise carefully staged deal with Iran that had been negotiated in secret for months by U.S. Secretary of State John Kerry and his Iranian counterpart.

He only agreed to accept the clemency offer on Saturday, Jan. 16 as the clock ticked toward what U.S. officials said was the final deadline, according to Modanlo and U.S. officials.

He was freed the next day from a federal prison near Richmond, Virginia. The release marked an abrupt conclusion to his case after a sprawling, decade-long investigation into Modanlo’s role in brokering Iran’s access to space technology. U.S. federal agents had pursued evidence from the suburbs of Washington to Switzerland and Russia.

Modanlo was serving the longest sentence of any of the seven Iranians and had the most extensive, established connections to Iran’s government.

He was also the only one known to have initially declined Obama’s offer, according to interviews with lawyers for the men.

An official at Iran’s interests section in Washington, Iran’s de facto embassy, testified in Modanlo’s defense at his 2013 trial. The same Iranian representative, Fariborz Jahansoozan, was instrumental in brokering the prisoner exchange in recent months, lawyers for those involved have said.

“This story is done and over with,” Jahansoozan said when reached by Reuters, declining to discuss the case in detail. “Please let it go and move forward.”

After two years in prison, Modanlo says he is finding that hard. “I know this cloud is going to be over my head forever,” he said.

 

AMERICAN DREAM SOURED

Modanlo grew up in northern Iran, the son of a wealthy landowner. As a child, he remembers watching the Apollo 11 mission in 1969 that put American astronauts on the moon and being inspired to become a space engineer.

Decades later, after moving to the United States and becoming a U.S. citizen, Modanlo had become a space entrepreneur with a company valued at $500 million.

He helped launch an American satellite from a Russian rocket in 1995. His company, Final Analysis, focused on the emerging field of low-orbit satellites for data services.

But a series of missteps drove the company into bankruptcy in 2001, and Modanlo was sued by a former partner, who accused him of selling missile technology to Iran.

Modanlo says U.S. authorities used the missile claim to win assistance from Switzerland in obtaining evidence against him. Raids at Modanlo’s Maryland home and office seized a truck load of documents and 120 computer hard drives but no supporting evidence for that claim, he said.

“They knew this was false. They knew I had no missile technology,” he said.

The ensuing investigation uncovered documents prosecutors say showed Modanlo brokered a deal between Iran and Russia to launch the satellite in exchange for a $10 million fee. A Maryland jury convicted him of sanctions violations after a six-week trial. He was sentenced to eight years in prison.

In an appeal, Modanlo’s lawyers argued that private communications between the trial judge and prosecutors had excluded evidence that could have changed the outcome.

Robert King, one of the judges who heard Modanlo’s appeal, admonished prosecutors for that practice in an October hearing.

U.S. Attorney Rod Rosenstein said the evidence against Modanlo had been disclosed in court and proved “beyond any reasonable doubt that Mr. Modanlo secretly helped Iran launch a satellite for $10 million.”

Modanlo said he felt certain the appeal would go his way. Then his lawyer told him that he would have to give up that appeal and be stuck with the $10 million forfeiture claim if he took the clemency offer.

“I waive my right to bring a claim against you, but your claim continues for God knows how many years against me?” Modanlo said. “After back and forth a number of times they agreed to take the $10 million off the table.”

After calls from his attorneys and Iranian representatives failed to convince Modanlo to take the clemency, it was a pleading and tearful call from his sister in Iran that finally made him relent, he said.

“If it was for me, I would never have taken the deal,” he said.

Non-Stop Flight: NYC to Tehran?

As an aside note, one of the 7 in the prisoner swap and 14 people that Obama lifted the Interpol ‘red-notice’ on was the CEO of Mahan Air.

See more on Mahan Air here.

Obama Admin Denies Resumption of U.S.-Iran Commercial Flights

Iran Air / Wikimedia Commons

Iran Air / Wikimedia Commons

BY:

Obama administration officials on Monday denied that they are holding talks with Iran aimed at resuming direct flights between the two countries, according to information provided by the administration to the Washington Free Beacon.

The head of Iran’s national air carrier, Iran Air, announced over the weekend that negotiations are taking place between the United States and Iran regarding the resumption of direct flights between the countries.

The announcement, which Obama administration officials denied Monday when asked by the Free Beacon, comes as Iran engages in talks with French airplane manufacturer Airbus about the purchase of more than 100 new planes.

Farhad Parvaresh, Iran Air chairman, said that talks are underway with the United States to begin direct flights from America to Iran now that international sanctions on the Islamic Republic have been lifted as part of the recent nuclear agreement.

The “Iran Civil Aviation Organization (ICAO) is conducting talks on direct flights between Iran and the US,” Parvaresh said, according to the country’s state-controlled press. “Daily flights to New York used to take place before the Islamic Revolution and they will hopefully get resumed in near future.”

Obama administration officials say this is not true, citing a number of concerns that would complicate any such resumption.

The administration officials maintain that, to their knowledge, no talks have take place between the U.S. government and Iran regarding the resumption of direct flights.

“There are no U.S. government officials involved in such talks,” a State Department official who was not authorized to speak on record told the Free Beacon.

A resumption of U.S.-Iran flights is “not something we’re considering,” the official said. “There are a number of issues, regulatory and otherwise, that would prevent direct flights between the U.S. and Iran.”

A second administration official also confirmed that direct U.S.-Iran flights are “not something we are considering.”

Primarily, Iranian travelers would be unable to obtain a U.S. travel visa since America has no diplomatic ties with Iran and does not maintain an embassy in the country.

However, dual U.S.-Iranian citizens might benefit from such an arrangement.

Iran is continuing to explore ways in which it can expand its aviation industry. A portion of the nuclear agreement centered on lifting restrictions on Iran’s ability to conduct business with international airlines and plane manufacturers.

Iran has long been operating an aged fleet of commercial planes that are in dire need of spare parts. Since the nuclear deal was implemented and international sanctions were lifted, Iranian officials have begun talks with European airliners and airports.

France’s Airbus confirmed Monday that talks are underway to sell Iran some of the newest commercial jetliners.

The sales could encompass “100-seat turboprops to the 555-seat twin-deck Airbus A380 superjumbo,” according to reports in the U.S. and Iranian media.

“We have been negotiating for 10 months” about the purchase, but “there was no way to pay for them because of banking sanctions,” Iran’s transportation minister told the country’s state-controlled press.

The release by the United States of some $150 billion in once-frozen cash assets has enabled Iran to more seriously negotiate a deal.

“Following the lifting of international economic sanctions, Iran seeks [to] purchase 114 Airbus jets to renovate the aging fleet,” said Iran Air chairman Parvaresh. “Hopefully, a part of the financing will be carried out by the National Development Fund of Iran.”

Iran also is in talks to boost relations with many European airports. This will enable Iran’s commercial airplanes to more easily land, refuel, and resupply.

“Currently, on the basis of a contract with France’s Total, Iran Air flights are supplied with necessary fuel in French airports,” Parvaresh was quoted as saying. “So far, London Heathrow, Amsterdam, Hamburg Fuhlsbuttel and Vienna airports have also resolved the issue for Iranian aircrafts while talks with other fuel companies are underway.”

Michael Rubin, a former Pentagon adviser and terrorism analyst, dismissed the Obama administration’s denial, saying that time and again, Iranian press reports have more accurately reported the status of U.S.-Iran negotiations.

“The sad truth is that the Iranian press has been more accurate than the White House with regard to anything dealing with secret talks or American concessions,” Rubin said, saying the denial “means nothing.”

Rubin also warned that European nations should consider that boosting aviation ties with Iran means that the Iranian Revolutionary Guard Corps will gain access to major airports.

“Why not trust airplane security to Revolutionary Guards baggage handlers?” Rubin asked. “And if they pilfered electronics from luggage, they could avoid the tricky issue of evading what few sanctions remain on electronics.”

Hey John Kerry, Iran’s Khamenei is Calling you a Liar

People paying attention to the relationship between Iran and the United States, we tend to agree that John Kerry is a liar, but for much different reasons.

From Iran’s Ayatollah Khamenei, More Anti-American Rhetoric

WSJ: Less than a week after economic sanctions against Iran were lifted as implementation of the nuclear deal began, and the U.S. and Iran exchanged prisoners, Iran’s supreme leader resumed his anti-American rhetoric. In a letter to President Hassan Rouhani on Tuesday, Ayatollah Ali Khamenei warned the government against U.S. “deceptions” and sought to play down the significance of the nuclear agreement and its economic benefits for Iran.

The ayatollah’s tough talk fits the image he likes to project of the unwavering enemy of the world’s greatest power; but his remarks must be seen in context. Clearly, Iran’s supreme leader is not above compromises with the nation he calls the Great Satan. He allowed the nuclear negotiations to play out. His own “red lines” on these negotiations were crossed. The ayatollah supposedly barred Iranian officials from negotiating with the U.S. about anything but the nuclear issue, yet Iranian intelligence officials secretly negotiated a prisoner exchange with U.S. officials at the same time, and Iranian diplomats continue talking to their U.S. counterparts about Syria. A role for U.S. oil companies seems inevitable as Iran, released from sanctions, moves to develop its oil and gas industries.

Ayatollah Khamenei has voiced concerns about what he calls the American, or Western, “cultural onslaught.” He has warned that relations with the U.S. would have a considerable impact on Iranian society, particularly on youth.

On the economy, too, he wishes to project the image of the bulwark against the lure of Western investment or Iran’s integration into the world economy. In a tweet to his president, the supreme leader reverted to his oft-repeated theme that the Islamic Republic should rely on an “economy of resistance” and “self-sufficiency,” rather than on outsiders lifting sanctions, to achieve economic prosperity.

Here, too, reality is bound to intrude. Thirty-six years after the establishment of the Islamic Republic, Iran imports huge amounts of its food, machinery, and consumer goods, and it remains highly dependent on oil exports for earnings. The “economy of resistance” to which Iranian officials pay lip service remains beyond reach.

Ayatollah Khamenei’s attempt to retain the support of his hard-line constituency while adjusting to regional realities was evident elsewhere. Nearly three weeks after a mob ransacked and set fire to the Saudi embassy in Tehran, the ayatollah condemned the incident, calling it “very bad” and “detrimental to the country and Islam.” Apparently he felt the need to try to repair the damage the attack had inflicted on Iran’s relations with almost all other Arab countries. Taking his time to speak out is nothing new; it took Ayatollah Khamenei even longer to criticize the mobs who trashed the British embassy in Tehran in 2011. Still, these incidents should not be used to as an excuse to condemn “devoted, revolutionary, and [god-loving] youth,” he said.

Meanwhile, the ayatollah’s position on domestic politics has shifted very little. He gave a speech this week but said nothing about election supervisory councils disqualifying a large number of candidates, including many reformists, for parliamentary elections next month. Would-be reformers have complained that their candidates have been targeted, and President Rouhani has sharply criticized the disqualifications. “If only one faction is present in the vote, and the other is not, then why are we holding elections,” he reportedly said this week. The president has promised to take the matter up with the Council of Guardians, a 12-member body dominated by senior clerics that has final say on candidacies. The president and his supporters have been hoping the elections would give Mr. Rouhani a workable majority in parliament. Ayatollah Khamenei, while urging those opposed to the system to vote, has treated it as natural that opponents of the system should be barred from running for office. It is a mantra of Iranian hard-liners that many reformists are “seditionists” and enemies of the system.

On the other hand, the supreme leader has long regarded large-scale voter participation in elections as an important sign of the Islamic Republic’s legitimacy and acceptance by the people. After the 2009 presidential election, millions of Iranians poured into the streets, outraged that President Mahmoud Ahmadinejad was declared the winner. Those protests shook the regime to its foundation; their shadow has hovered over subsequent elections. To ensure a large turnout and to mute controversy, Ayatollah Khamenei may yet nudge the Council of Guardians into allowing a significant number of prominent reformist candidates to run in February.