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A smooth and successful transfer of power on the surface perhaps…but beware of those in the shadows and lurking forever in dark hallways inside the beltway.
Primer: Obama tells anti-Trump protestors to march-on.
President Obama, speaking at a press conference in Germany, passed up the opportunity Thursday to tamp down the anti-Donald Trump protests back home — urging those taking part not to remain “silent.”
The president fielded a question on the protests during a joint news conference in Berlin alongside German Chancellor Angela Merkel.
“I suspect that there’s not a president in our history that hasn’t been subject to these protests,” he answered. “So, I would not advise people who feel strongly or who are concerned about some of the issues that have been raised during the course of the campaign, I wouldn’t advise them to be silent.”
He added: “Voting matters, organizing matters and being informed on the issues matter.”
Have you heard of the Senior Executive Service?
The Senior Executive Service (SES) lead America’s workforce. As the keystone of the Civil Service Reform Act of 1978, the SES was established to “…ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality.” These leaders possess well-honed executive skills and share a broad perspective on government and a public service commitment that is grounded in the Constitution.
Members of the SES serve in the key positions just below the top Presidential appointees. SES members are the major link between these appointees and the rest of the Federal workforce. They operate and oversee nearly every government activity in approximately 75 Federal agencies.
The U.S. Office of Personnel Management (OPM) manages the overall Federal executive personnel program, providing the day-to-day oversight and assistance to agencies as they develop, select, and manage their Federal executives.
Obama by using his mighty pen and phone can covert some of his most trusted operatives to be permanent government employees, undermining the missions of the next administration. Let that sink in a moment.
Some individuals, who are serving in appointed (noncareer) positions in the executive branch, convert to career positions in the competitive service, the Senior Executive Service (SES), or the excepted service. This practice, commonly referred to as “burrowing in,” is permissible when laws and regulations governing career appointments are followed. While such conversions may occur at any time, frequently they do so during the transition period when one Administration is preparing to leave office and another Administration is preparing to assume office.
Generally, these appointees were selected noncompetitively and are serving in such positions as Schedule C, noncareer SES, or limited tenure SES24 that involve policy determinations or require a close and confidential relationship with the department or agency head and other top officials. Many of the Schedule C appointees receive salaries at the GS-12 through GS-15 pay levels.The noncareer and limited tenure members of the SES receive salaries under the pay schedule for senior executives that also covers the career SES. Career employees, on the other hand, are to be selected on the basis of merit and without political influence following a process that is to be fair and open in evaluating their knowledge, skills, and experience against that of other applicants. The tenure of noncareer and career employees also differs. The former are generally limited to the term of the Administration in which they are appointed or serve at the pleasure of the person who appointed them. The latter constitute a work force that continues the operations of government without regard to the change of Administrations. In 2007, Paul Light, a professor of government at New York University who studied appointees over several Administrations, indicated that the pay, benefits, and job security of career positions underlie the desire of individuals in noncareer positions to “burrow in.”
Beyond the fundamental concern that the conversion of an individual from an appointed (noncareer) position to a career position may not have followed applicable legal and regulatory requirements, “burrowing in” raises other concerns. When the practice occurs, the following perceptions (whether valid or not) may result: that an appointee converting to a career position may limit the opportunity for other employees (who were competitively selected for their career positions, following examination of their knowledge, skills, and experience) to be promoted into another career position with greater responsibility and pay; or that the individual who is converted to a career position may seek to undermine the work of the new Administration whose policies may be at odds with those that he or she espoused when serving in the appointed capacity. Both perceptions may increase the tension between noncareer and career staff, thereby hindering the effective operation of government at a time when the desirability of creating “common ground” between these staff to facilitate government performance continues to be emphasized.28
Appointments to Career Positions
Appointments to career positions in the executive branch are governed by laws and regulations that are codified in Title 5 of the United States Code and Title 5 of the Code of Federal Regulations, respectively. For purposes of both, appointments to career positions are among those activities defined as “personnel actions,” a class of activities that can be undertaken only in accordance with strict procedures. In taking a personnel action, each department and agency head is responsible for preventing prohibited personnel practices; for complying with, and enforcing, applicable civil service laws, rules, and regulations and other aspects of personnel management; and for ensuring that agency employees are informed of the rights and remedies available to them. Such actions must adhere to the nine merit principles and thirteen prohibited personnel practices that are codified at 5 U.S.C. §2301(b) and §2302(b), respectively. These principles and practices are designed to ensure that the process for selecting career employees is fair and open (competitive), and free from political influence.
Department and agency heads also must follow regulations, codified at Title 5 of the Code of Federal Regulations, that govern career appointments. These include Civil Service Rules 4.2, which prohibits racial, political, or religious discrimination, and 7.1, which addresses an appointing officer’s discretion in filling vacancies. Other regulations provide that Office of Personnel Management (OPM) approval is required before employees in Schedule C positions may be detailed to competitive service positions, public announcement is required for all SES vacancies that will be filled by initial career appointment, and details to SES positions that are reserved for career employees (known as Career-Reserved) may only be filled by career SES or career-type non-SES appointees.
During the period June 1, 2016, through January 20, 2017, which is defined as the Presidential Election Period, certain appointees are prohibited from receiving financial awards.These
appointees, referred to as senior politically appointed officers, are (1) individuals serving in noncareer SES positions; (2) individuals serving in confidential or policy determining positions as Schedule C employees; and (3) individuals serving in limited term and limited emergency positions.
When a department or agency, for example, converts an employee from an appointed (noncareer) position to a career position without any apparent change in duties and responsibilities, or the new position appears to have been tailored to the individual’s knowledge and experience, such actions may invite scrutiny. OPM, on an ongoing basis, and GAO, periodically, conduct oversight related to conversions of employees from noncareer to career positions to ensure that proper procedures have been followed. More here from FAS.
UNITED NATIONS – U.N. experts say fighters loyal to al-Qaida have taken on a more active supporting role for the Taliban during the current offensive in Afghanistan while the position of the Islamic State extremist group in the country “has distinctly weakened.”
In a report to the Security Council circulated Friday, the experts said the Afghan government and several other countries estimate that there are about 45,000 opposition fighters in Afghanistan and between 20 and 25 percent are foreigners.
It said these “bad actors … mutually reinforced each other and presented a significant and rising terrorist challenge.”
The experts said several governments highlighted that relations between the Taliban and al-Qaida strengthened during the time Akhtar Mansour led the Taliban and the improved relations have continued under his successor, Haibatullah Akhundzada.
FNC: Welcome to the Hotel Kabul, where you can’t check in anytime you like.
In December 2006, the Overseas Private Investment Corporation (OPIC), the U.S. government’s development finance institution, approved a proposal to build a 209-room, five-star hotel and an apartment building across the street from the U.S. Embassy in Kabul, the capital of Afghanistan.
The Marriott Kabul Hotel and the adjacent apartment building would provide a gateway for Afghans returning to their country and would be a major boost to the nation’s post-war reconstruction efforts, proponents said.
But today, 10 years later, all that’s there is an empty shell — a ghost hotel.
Special Inspector General John Sopko, who investigates cases of fraud and waste from the Afghan reconstruction, recently toured the unfinshed facility in Kabul. (SIGAR)
Once touted as a gateway for returning Afghans and a major boost to post-war reconstruction efforts the Marriott Kabul Hotel was never completed and sits vacant and crumbling. (SIGAR)
Now an investigation by the Office of the Special Inspector General for Afghanistan Reconstruction (SIGAR) has determined that nearly $85 million in investments have gone down the drain, thanks to “troubling management practices and lax oversight” at the site of the project.
And that’s not all. SIGAR says American taxpayers have spent thousands, if not millions, of dollars more on security because of the abandoned project’s proximity to the embassy.
Over $80 million was spent on the hotel and an adjacent luxury apartment building which was also never finished. (SIGAR)
“The Marriott Hotel Kabul is emblematic of our reconstruction efforts in Afghanistan,” Special Inspector General John Sopko told FoxNews.com. “Great ideas, tons of money, poor execution and no oversight create incredible opportunities for fraud.”
One month after it received the proposal, OPIC approved an initial loan of $60 million to build the hotel. It ultimately made three loan payments totaling $58 million for the hotel, plus a $27 million loan in 2011 for the construction of the luxury apartment building.
“The Marriott Hotel Kabul is emblematic of our reconstruction efforts in Afghanistan. Great ideas, tons of money, poor execution, and no oversight create incredible opportunities for fraud.”
– Special Inspector General John Sopko
Hotel construction began in early 2009 after the first loan payment, and OPIC received status reports after its subsequent payments. But in 2013, after the construction company delivered its fourth and final report, it notified OPIC that it was stopping all work on the project due to what they claimed were “security issues.” Since then, due to the site’s vacant status and proximity to the U.S. Embassy, it has been deemed a security threat and has been guarded by embassy personnel, on the taxpayers’ dime.
In August, SIGAR inspectors toured the abandoned worksite and found structural cracks in the roof, damaged fireproofing on beams and columns, sections of walls that were demolished, uninstalled doors and windows and incomplete water and electrical systems.
“As a result, the $85 million in loans is gone, the buildings were never completed and are uninhabitable, and the U.S. Embassy is now forced to provide security for the site at additional cost to U.S. taxpayers,” Sopko recently wrote to OPIC’s president and CEO, Elizabeth L. Littlefield.
“While our investigation of these two projects and a third OPIC project in Afghanistan is ongoing, we believe the issues raised by these loans have broader implications which deserve your immediate attention.
“The failure to properly manage and oversee these loans may indicate systemic problems in the management and oversight of OPIC loans for other projects in Afghanistan and elsewhere around the world, putting additional millions of dollars at risk.”
The SIGAR inspectors accused OPIC of not doing enough to monitor the construction on-site and taking the builder’s status reports at face value.
“OPIC accepted either invoices or receipts as proof to demonstrate how the loan proceeds had been spent,” they wrote. “However, without on-site verification of activities and progress, neither the invoices nor receipts required by OPIC provided sufficient evidence to support purported purchases.”
In a statement provided to FoxNews.com, OPIC said it is working on resolving the issue.
“In 2006 when OPIC started work on this project, the U.S. government was focused on economic development in Afghanistan to advance both its foreign policy and national security objectives,” OPIC wrote. “The hotel and residences projects were intended to host business leaders, foreign ministers and investors seeking to improve the long-term success of Afghanistan’s economy. The timing, location and purpose of this investment is fully consistent with OPIC’s mission.
“Since OPIC supports American investors operating in the world’s toughest markets, at times it must work with borrowers to navigate unique challenges. This project is no exception. OPIC continues to work to bring resolution to this project.”
SIGAR has asked OPIC to increase its oversight practices for future large-scale construction projects and to try to recoup the loans associated with the hotel project.
**** Maybe the Taliban and al Qaeda can share the space eh?
At least 45,000 opposition forces are operating in Afghanistan with foreign insurgents comprising around 20 to 25 of the forces, the United Nations experts have said.
The experts informed regarding the estimated number of the insurgents as they presented a report to the United Nations Security Council on Friday.
According to the report, the Taliban militants group’s relations with the Al-Qaeda terrorist network have strengthened, specifically during the Mullah Akhtar Mansoor times.
The report further added that the relations between Taliban and Al-Qaeda are still persisting since the new Taliban leader assumed charge of the group after Mullah’s Mansoor’s death.
The report also added that the position of the loyalists of the Islamic State of Iraq and Syria (ISIS) terrorist group has distinctly weakened in the country.
This comes as the regional countries are concerned the attempts by the terrorist groups to expand foothold in Afghanistan as they fear the growing instability could further destabilize the region.
The Russian Presidential envoy to Afghanistan Zamir Kabulov estimated earlier this year that the Islamic State of Iraq and Syria (ISIS) terrorist group has 10,000 loyalists in Afghanistan.
Kabulov who is also director of the Second Asian Department at the Russian Foreign Ministry has said the terror group is expanding its military activity in Afghanistan.
“The IS activity has grown significantly in Afghanistan since summer 2014. The group numerical strength is estimated at 10,000 people,” Kabulov said.
However, the Afghan forces launched a major offensive in eastern Nangarhar province of Afghanistan to eliminate the loyalists of the terror group as efforts were underway by the terror group to turn the province into a regional operational base.
The US forces based in Afghanistan also conduct regular airstrikes against the ISIS loyalists, Taliban insurgents, and Al-Qaeda terrorist network in the country, killing the top Al-Qaeda leader in the region in Kunar province last month.
Maybe new keels are soon to be laid and a draft could be in the future of the military.
As for the Army, the numbers are noted below but do not include the other branches of service.
ArmyTimes: Endstrength for March was 479,172 soldiers, which is 154 fewer troopers than were on active duty when the Army halted the post-Cold War drawdown in 1999 with 479,424 soldiers, the smallest force since 1940, when the active component numbered 269,023 soldiers.
Barring unexpected delays, the Army is well-positioned to achieve, or exceed, its budgeted end-strength of 475,000 soldiers by Sept. 30, the end of fiscal 2016.
Without congressional or Defense Department intervention, the drawdown will continue for two more years, with end strength hitting 460,000 soldiers in 2017, and 450,000 in 2018.
The United States Navy is a powerhouse. The fleet consists of roughly 430 ships in active service or reserve. The vessels run the gamut from the massive Nimitz-class aircraft carrier, which stretches more than 1,000 feet, to the Los Angeles-class submarine that slithers 900 feet below the ocean surface. The graphic below shows all the commissioned and noncommissioned ships of every size as of April 2015. The ships are organized by size, from the humongous aircraft carriers at the top to the smaller ships at the bottom.
Speaking to global business leaders in Washington yesterday, Mr Giuliani said the United States would raise its number of troops to 550,000, instead of shrinking it to 420,000.
He also said they intended to take their navy up to 350 ships, instead of going down to 247. It currently has around 280.
“At 350, China can’t match us in the Pacific. At 247 ships, we can’t fight a two-ocean war; we gave up the Pacific. If you face them with a military that is modern, gigantic, overwhelming and unbelievably good at conventional and asymmetric warfare, they may challenge it, but I doubt it.”
He said the expansion would allow the US to fight a “two-ocean war”.
This presents a more assertive foreign policy than the world ever heard from Mr Trump in the lead-up to election with regards to China.
While the South China Sea remains one of the world’s most tense geopolitical regions, the celebrity billionaire was careful to keep his remarks on it to a minimum in the lead-up to the US election.
“It’s likely that America will have a lot more military muscle under his presidency,” said Macquarie University Security Studies analyst Adam Lockyer. “While we can’t get ahead of ourselves, much of that will likely go into the Asia-Pacific region, because China’s a major challenger.
“On one hand they’re paying less diplomatic and critical attention to the region, but on the other they’re building more military presence in the region.”
That said, Mr Giuliani’s remarks suggest Mr Trump’s administration will be more hawkish than expected.
It was expected that Mr Trump would retreat from the disputed region, in line with his pledge to prioritise domestic issues and retreat from foreign affairs.
“Trump has a far more isolationist outlook than Clinton or Obama, but at the same time, if he had his own way, he’d be far more focused on domestic policy and domestic security, including things like terrorism and immigration,” Dr Lockyer said.
Judging by this announcement, the Trump administration may take a more hawkish approach after all.
WILL THIS ACTUALLY HAPPEN?
The Trump administration will face significant financial hurdles if it does take on this ambitious military program.
Asia-Pacific security expert Jingdong Yuan from the Centre For International Security Studies told news.com.au said it was achievable. He said Mr Trump will be able to work with the Republican-controlled Congress to do away with the sequester process that automatically cut $500 billion in defence over a decade.
But it could be relatively difficult for the incoming government to direct too much of its financial focus to defence.
“US defence spending as a percentage of GDP and government spending is at a historical low, especially after the wars in Afghanistan and Iraq,” said Dr Yuan.
“At the same time, entitlement spending, such as social security and medicare cannot be cut, and increase year by year, and federal government deficits of over $18-19 trillion make it difficult to spend more in discretionary areas such as defence.
“So Trump need to find the money to support his ambitious military programs. We will see.”
He also said that neither the United States nor China are being realistic when it comes down to it.
“Beijing and Washington will have to work on their differences while at the same time work together on things they both agree.
“This is a very complex relationship and neither America’s will to remain predominant nor China’s desire for a Sino-centric order in Asia are realistic.
“Indeed, if they both pursue these extreme goals, conflict will become more likely and it will be deeply destabilising for the region — Australia included.”
WHAT DOES ALL THIS MEAN FOR AUSTRALIA?
Defence Industries Minister Christopher Pyne says the planned expansion would create “remarkable opportunities” for Australia’s defence industry.
In a speech to be given at a Submarine Institute of Australia conference today, Mr Pyne will announce that the US expansion could offer a historic opportunity for Australia’s defence industry.
“To give you an understanding of the scale of this increase, it includes 50,000 more army troops, 70 new naval warships, 100 air force planes and a dozen new marine battalions,” Mr Pyne will say. “This represents around half a trillion US dollar increase to the US defence budget over the next decade.
“This result could bring with it remarkable opportunities for the Australian defence industry and, thanks to the foresight of the Turnbull government, Australia is well positioned to grasp those opportunities.”
Yesterday, Mr Pyne told The Australian the country will take a “similar focus” to the United States in terms of its defence policy.
“At a time when the US is expanding capability, we are similarly focused. As we have demonstrated throughout the year, the government is putting defence at the very centre of our national policy agenda.”
Mr Giuliani acknowledged the Trump administration hopes to engage with China on economic issues, such as trade.
Yesterday, he told The Wall Street Journal the team wants to reset relations with both China and Russia.
But Mr Trump intends to label China a “currency manipulator” after taking office, which economic analysts say will likely contribute to rising tensions between the two countries.
Chinese media has taken a hostile response to Mr Trump’s more outlandish comments on the country during his campaign.
In May this year, the then-presidential candidate accused China of “raping” the United States economically, and vowed to impose a 45 per cent tariff on Chinese imports.
“If Trump wrecks Sino-US trade, a number of US industries will be impaired. Finally the new president will be condemned for his recklessness, ignorance and incompetence and bear all the consequences.”
This trade war may also present problems for Australia. China and the United States are our first and third largest trading partners respectively, and such an action could trigger a trade war if Beijing were to retaliate, which would directly impact these relationships.
All this said, Dr Yuan says it’s still too soon to panic over what the Trump administration may or may not do.
“The election fog is still here and we need time and information to get more realistic and accurate assessments,” he said.
Russian Foreign Ministry Spokesperson: People from Clinton’s Elections Team Visited Moscow Many Times
Russian Foreign Ministry spokesperson Maria Zakharova said that meetings with various personnel on the elections teams of both U.S. presidential candidates was “normal diplomatic practice,” and implied that the American outrage regarding Russian contacts with President-elect Trump’s team in the buildup to the elections was groundless. Asked about contacts with Hillary Clinton’s team, Zakharova said: “They came to Moscow many times.” She was speaking on a Russia 1 post-elections talk show on November 13.
CyberWire:Many countries afford criminals a safe harbor, and the criminals are emboldened by this. Attackers continue to exploit human trust, Mandia said, and there activities will continue to reflect geopolitical conditions. He noted that the Syrian Electronic Army became active after the US declared a redline over the Assad regime’s anticipated use of chemical weapons. He doesn’t regard this as an accident. Looking at the two biggest competitors of the US in cyberspace, Mandia saw more capability in China, but more hacking from Russia. He thought that Chinese hacking has actually declined. But “Russia’s dialed it up a notch.” Beginning in 2014 Mandia saw a dip in Russian OPSEC as hacking tools were increasingly shared by government and criminals. He also saw less attention being paid to manual deletion of hackers’ tracks from victim systems. He concludes from this that “the Russians know what they’re looking for, and they’re operating at a scale where they don’t have manual resources available.” The large scale and high operational tempo of Russian hacking has led them to build capability at the cost of stealth and evasiveness. Turning to the cybercriminal underworld, he notes the rise in extortion. He sees this as in part a response to enhanced credit card security. As card security got better, criminals realized they had more lucrative options. It’s also not particularly risky, he said—it’s proving difficult to penetrate the anonymity of those who hold data for ransom. The attackers’ methods are indiscriminate: most attacks are what Mandia called “spray and pray” operations, not targeted work. A great deal of ransomware is being spread with automated spearphishing.
BusinessInsider: The leader of the National Security Agency says there shouldn’t be “any doubt in anybody’s mind” that there was “a conscious effort by a nation-state” to sway the result of the 2016 presidential election.
Adm. Michael Rogers, who leads both the NSA and US Cyber Command, made the comments during a conference presented by The Wall Street Journal in response to a question about WikiLeaks’ release of nearly 20,000 internal emails from the Democratic National Committee.
“There shouldn’t be any doubt in anybody’s minds,” Rogers said. “This was not something that was done casually. This was not something that was done by chance. This was not a target that was selected purely arbitrarily. This was a conscious effort by a nation-state to attempt to achieve a specific effect.”
Rogers did not specify the nation-state or the specific effect, though US intelligence officials say they suspect Russia provided the emails to WikiLeaks after hackers stole them from DNC servers and the personal email account of Hillary Clinton’s campaign manager, John Podesta.
At least two different hacker groups associated with the Russian government were found inside the networks of the DNC over the past year reading emails, chats, and downloading private documents. Many of those files were later released by WikiLeaks.
The hack, which was investigated by the FBI and the cybersecurity firm Crowdstrike, was linked to Russia through a lengthy technical analysis, which was detailed on the firm’s blog. Former NSA research scientist Dave Aitel, who now leads another cybersecurity firm, has called the analysis “pretty dead on.”
The hack of Podesta’s private Gmail address was traced by cybersecurity researchers to hackers with Russia’s foreign intelligence service, the GRU, because the group made an error during its campaign of “spear phishing” targets — tricking them into clicking on malicious links or give up their passwords. The researchers found that the group had targeted more than 100 email addresses that were associated with the Clinton campaign, according to The New York Times.
“The US intelligence community is confident that the Russian Government directed the recent compromises of emails,” reads a statement from the Department of Homeland Security. “These thefts and disclosures are intended to interfere with the US election process.”
Sen. Lindsey Graham of South Carolina said on Tuesday that he wants the Senate to open an investigation into whether the Russian government meddled in the US election. Russian President Vladimir Putin has repeatedly denied his country was behind the hacks.
Russia had operatives in New York for years, from Wall Street to the UN. Now one is headed to prison.
Bloomberg: Evgeny Buryakov woke up to a snowstorm. On the morning of Jan. 26, 2015, his modest brick home in the Bronx was getting the first inches of what would be almost a foot of powder, and Buryakov, the No. 2 executive at the New York branch of a Russian bank, decided to skip work and head around the corner to a grocery store to buy supplies for his family of four. As the 39-year-old Russian bundled into his winter gear and closed the front door of his house behind him, he didn’t realize he would never set foot in it again.
Since the Buryakovs’ arrival in New York in August 2010, they had seemed like any other immigrant family in the melting-pot Bronx neighborhood of Riverdale. Of average height and build, Evgeny’s only curious feature might have been his near-obsessive taste for McDonald’s. The kids in nice weather played in the sandbox out back, next to the clothesline where their mother, Marina, liked to hang their laundry. While Evgeny commuted to the 29th floor of a Manhattan high rise, she shuttled the children to a nearby parochial school and to afternoon activities like karate. The two nuns who lived next door watched the family parrot while the Buryakovs went on ski vacations.
But Evgeny was leading a double life. His real employer wasn’t a bank, but Russia’s SVR intelligence agency. For a decade, Buryakov had been working under “nonofficial cover”—a NOC, in spy talk—and, now on Wall Street, his task was to extract corporate and financial secrets and report them back to Moscow. His two handlers, also undercover, were attempting to recruit unwitting sources at consulting firms and other businesses into long-term relationships.
Berlin was once the espionage capital of the world—the place where East met West, and where undercover operatives from the KGB, CIA, MI6, and untold other agencies practiced spycraft in the shadow of the Berlin Wall. Since the end of the Cold War, however, New York has probably hosted more intelligence activity than any other city. The various permanent missions and visiting delegations at the United Nations, where even countries that are otherwise banned from the U.S. are allowed staff, have provided cover for dozens of agencies to operate. Wall Street has offered further pretexts for mining information, with its swirl of cocktail parties, networking events, and investor conferences.
The espionage story of the year, and perhaps one of the greatest foreign operations in decades, has undoubtedly been Russia’s successful effort to influence this fall’s presidential election through hacking—penetrating Democratic National Committee servers and the e-mail account of John Podesta, Hillary Clinton’s campaign chairman. The strategy marks an evolution for Russia, which historically has valued so-called HUMINT, or human intelligence, over SIGINT, or signals intelligence. It’s an evolution borne of some necessity, as Russia has in recent years struggled to install spies on American soil. The Buryakov affair illustrates the point. As the U.S. election was reeling this spring toward its astonishing conclusion, Russia’s Wall Street spy was being sentenced, haplessly, to prison.
Maria Ricci has spent her FBI career chasing Russian spies up and down the East Coast. After majoring in English at Columbia and working as a lawyer in private practice, she joined the bureau 15 years ago, assigned to the counterintelligence squad. Her first job was known internally as Operation Ghost Stories—Ricci and other agents worked for almost a decade to track a ring of Russian illegals hidden across the country in what became the FBI’s largest espionage case ever. Their investigation ended in 2010 with the arrest of 10 individuals working for the SVR, Moscow’s version of the CIA, including a sultry redhead named Anna Chapman, who became an instant tabloid star. The case inspired the hit FX series The Americans, which follows two Russian “sleeper” spies living deep undercover in 1980s Washington.
When foreign diplomats come to the U.S. for the first time, the FBI routinely scouts their profiles to identify potential intelligence plants. If agents spot something suspicious, they’ll concoct a plan to smoke the person out. The FBI’s alarms were tripped in November 2010 by the arrival in New York of Igor Sporyshev, supposedly a trade representative of the Russian Federation. One red flag was that his father, Mikhail, had been a KGB officer and a major general in its successor agency, the Federal Security Service (FSB).
In 2011, Sporyshev attended a run-of-the-mill energy conference in New York—as did an FBI agent, posing as a Wall Street analyst. The Russian introduced himself, chatted amicably, exchanged business cards, and later followed up. “The Russians are incredibly good at what they do,” Ricci says. “They’re wary of all English speakers. What’s much easier, to get them to trust you, is if they approach you.”
In subsequent conversations, Sporyshev pushed the supposed analyst for information about the energy industry, such as company financial projections and strategy documents. The information wasn’t secret or even especially sensitive. It didn’t give Sporyshev an edge he could use to commit insider trading. Rather, asking for information like this reflected a Russian approach to intelligence that’s endured long after the Cold War.
Coming from a traditionally closed society where the media operates as an extension of the state, Russian agents tend to prioritize human recruitment and generally discount the huge amount of “open source” news and information that flows routinely out of the U.S. in government reports, independent news articles, and think tank analyses. “Whispered conversations always feel sexier,” Ricci says. And relationships that start out innocuously, with junior or midlevel workers, can be cultivated over years, until the target is senior and desensitized to sharing information with someone they think of as a longtime friend.
The FBI’s undercover agent played along with Sporyshev, handing over supposedly confidential corporate reports inside binders that had been rigged with voice-activated recording devices. From the outside, the binders appeared to be part of a numbered set. The agent told Sporyshev that the documents would be missed if they were absent too long and so they had to be returned promptly.
When the first of the binders began to flow back to the FBI, technicians downloaded the audio. “We got ‘take,’ ” they reported to Ricci, using the term for worthwhile intel. As linguists began to translate from Russian, it became clear the ruse had worked even better than the FBI had imagined. In a grave violation of security procedure, Sporyshev had carried the bugs into the secure SVR office, the rezidentura, inside Russia’s UN office on East 67th Street—its equivalent of what U.S. officials call a “SCIF,” or Sensitive Compartmented Information Facility, an area that’s supposed to be free of any electronic listening devices. “Nothing given to him by someone in the United States should have ever been brought inside the SCIF,” Ricci says.
Over several months, as one binder after another circulated through Sporyshev’s hands, the FBI collected hundreds of hours of recorded conversation, much of it comically mundane. Sporyshev spent hours chatting with one colleague, Victor Podobnyy, a twentysomething who was also working under diplomatic cover as an attaché to the Russian UN mission. Both belonged to the SVR’s Directorate ER, a branch dealing with economic issues, such as trade and manufacturing. Often, they complained about the lack of drama in their lives.
“The fact that I’m sitting with a cookie right now at the … chief enemy spot—f—!” Podobnyy said in April 2013. Sure, he knew he couldn’t expect action like in the “movies about James Bond,” he said. But the job was supposed to be more invigorating than pushing paper at a desk. “Of course, I wouldn’t fly helicopters,” Podobnyy said, “but pretend to be someone else, at a minimum.”
Sporyshev was sympathetic. “I also thought that at least I would go abroad with a different passport,” he said, and then he complained about the parsimony of the agency’s expense reimbursement.
Amid the hours of bellyaching, one thing stood out: an oblique reference to a NOC hidden inside Wall Street. FBI agents pieced together that Sporyshev and Podobnyy had been discussing Buryakov. The putative banking analyst had previously appeared on the FBI’s radar, but the agency hadn’t yet pinned him as a spy.
Buryakov in court.
Photographer: Elizabeth Williams/AP Photo
The son of a government construction engineer, Buryakov grew up in the remote southern Russian village of Kushchyovskaya, where he met Marina in 1994, when she was still in high school; they married in 1999. Smart and inquisitive, Buryakov was gifted at learning foreign languages. He worked in Moscow first as a tax inspector, then joined the Vnesheconombank, or VEB—the Russian government’s development bank, which backed economic projects that would boost growth and employment.
At some point, Buryakov signed on with the SVR intelligence agency. Following a five-year stint with VEB in South Africa, he arrived in the U.S. just weeks after the FBI had rolled up Operation Ghost Stories. He was the first of the next wave of Russian intelligence officers.
Buryakov, his wife, and their two children, Pavel and Polina, rented a $3,000-a-month, two-story house on Leibig Avenue in Riverdale. The Bronx neighborhood was well-known to U.S. counterintelligence. A few blocks away, clearly visible from the Buryakovs’ driveway, looms a 20-story, cream-colored high-rise built for Russia’s UN staff. The six-acre compound, known as the White House, had long made the area a favorite for other Eastern European diplomats and immigrants. Sporyshev lived right around the corner. The Buryakovs mostly kept to themselves, but the nuns next door often saw Evgeny smoking cigarettes at the end of his driveway late at night, and Marina would host other mothers from school.
By day, Buryakov lived the ordinary life of a Wall Street analyst: reading and writing reports; attending meetings, conferences, and parties; building connections on LinkedIn. His employer, VEB, occupied a useful niche in the global banking network. The public-private nature of the bank allowed Buryakov to move freely in government, corporate, and nongovernmental organization circles, without anyone suspecting they were talking to an intelligence officer. (Alexander Slepnev, the head of VEB’s New York office, didn’t respond to requests for comment.)
As one of Buryakov’s handlers, Sporyshev gave him a series of often menial side projects. In May 2013, Sporyshev asked him to outline some questions that the Russian news outlet ITAR-TASS could use when interviewing an official from the New York Stock Exchange. Buryakov did about 20 minutes of research, then recommended asking about exchange-traded funds.
Buryakov also became involved in a multibillion-dollar aerospace deal when Canada’s Bombardier attempted to team up with Rostek, Russia’s state-owned defense manufacturer. Using his bank job as cover, Buryakov traveled to Canada twice, in 2012 and 2013, to participate in meetings and conferences about the proposed agreement. Then, after researching the Canadian labor unions’ resistance to overseas production, he wrote a proposal for the SVR’s “active measures directorate” that Sporyshev described as “geared towards pressuring the unions and securing from the company a solution that is beneficial to us.” It wasn’t 007-worthy. But it helped Russian industry pursue a lucrative contract. (The arrangement was paused after Russia annexed Crimea in 2014, alarming Western governments.)
As Buryakov performed more such tasks, the FBI built a surveillance dragnet around him. Agents conducted multiple covert searches of his office at VEB. In December 2013, Gregory Monaghan—the lead agent on the case—showed up at Buryakov’s landlord’s office to ask about gaining entrance to the house. The landlord consented, and while the Buryakovs were away on a ski trip that winter, the FBI sneaked in and wired the house for audio and video. Over the next several months, the bureau surveilled more than four dozen meetings between Buryakov and his handlers.
Inside Russia’s UN mission, in New York’s Lenox Hill neighborhood, Sporyshev and Podobnyy were also recorded trying to recruit sources across Wall Street: consultants, analysts, and other financial professionals who had access to proprietary data or documents—or might win access later in their careers. Russian intelligence agencies have demonstrated extreme patience for schemes that play out over many years—time horizons far beyond those that will hold the interest of U.S. agencies, presidential administrations, and congressional leaders. The agents of Directorate ER sought to build relationships by asking for innocuous information that nobody would suspect might one day lead to the sharing of more valuable intelligence.
As the FBI’s bugs listened, Podobnyy informed Sporyshev that he’d told one woman, a recent college graduate, that he “needed answers to some questions, answers to which I could not find in open sources. Due to that, I am interested to find information from paid publications and opinions of independent people who discuss these topics amongst themselves behind closed doors.” The woman, Podobnyy said, responded favorably.
Podobnyy also approached a male financial consultant he’d met at an energy symposium. The consultant often traveled to Moscow and was keenly interested in Gazprom, Russia’s massive energy conglomerate. “It’s obvious that he wants to earn lots of money,” Podobnyy told Sporyshev. “For now, his enthusiasm works for me. I also promised him a lot: that I have connections in the trade representation, meaning that you can push contracts.” He laughed. “I will feed him empty promises.”
The FBI’s Ricci says such attempts at cultivating connected New Yorkers are far more common, and successful, than many people in the financial world think. Americans regularly become unwitting agents, passing along useful tips to Russian officers without realizing who they’re dealing with. “When the Russians come to you, they don’t say, ‘Hey, I’m an intelligence officer,’ ” Ricci says. “They say, ‘Hey, friend, it’d be useful to have this information.’ ”
Buryakov devoted his time to finding and making contacts across New York—referring potential sources and future contacts for his handlers and other intelligence officers to pursue. “This isn’t about just stealing classified information. This is about stealing you,” Ricci says. “It’s about having you in a Rolodex down the road when they need it.”
Or, as Sporyshev put it in a recorded conversation: “This is intelligence method to cheat. How else to work with foreigners? You promise a favor for a favor. You get the documents from him and tell him to go f— himself. ‘But not to upset you, I will take you to a restaurant and give you an expensive gift. You just need to sign for it.’ This is ideal working method.”
By the middle of 2014, FBI agents thought they had enough evidence to arrest Buryakov but decided to go for more—preparing a final dramatic episode that would document the full cycle of a foreign spy recruiting a Wall Street source, from first contact to document handoff. The bureau asked an Atlantic City businessman (his name hasn’t been disclosed) to approach Buryakov, pretending to represent a wealthy investor who wanted to open casinos in Russia. In a bugged call with Buryakov, Sporyshev was dubious, saying the encounter seemed like “some sort of setup. Some sort of trap.”
Buryakov proceeded anyway. On Aug. 8, 2014, he spent seven hours touring Atlantic City with the FBI source, visiting casinos and looking over a PowerPoint presentation about the project. The FBI source provided Buryakov with government documents, marked “Internal Treasury Use Only,” about individuals who had been sanctioned by the U.S. over the Crimean invasion. Buryakov said he’d like more documents like that, and later in the month, the source handed over another report, this one on the Russian banking sector, labeled “Unclassified/FOUO, or “For Official Use Only.” That same day, Buryakov called Sporyshev to discuss “the schoolbooks,” and that night, briefcase in hand, he went directly from his VEB office to Sporyshev’s home in the Bronx. An FBI surveillance team monitored from outside.
SVR agents work on five-year contracts, and toward the end of 2014, Sporyshev and Podobnyy returned to Russia, their tours over. Now that Buryakov’s handlers were gone, the FBI grew concerned about identifying their replacements. “They could’ve completely changed the meetups and contact procedures, so we didn’t think it was worth letting [Buryakov] continue to operate,” Ricci says. One of the oddities of counterintelligence is that countries regularly tolerate both known and suspected spies, allowing them to operate under what they hope is a watchful eye. “The original goal for a counterintelligence case isn’t an arrest—it’s to recruit or deflect them,” Ricci says. “My No. 1 priority is to make sure no one steals our secrets.” That mission appears to have succeeded. Aside from documents the FBI allowed him to see, Buryakov rarely seemed to get his hands on material more valuable than what any average Wall Streeter might possess.
The FBI scheduled his arrest for Jan. 26, 2015. As the snow fell on VEB’s headquarters and Buryakov’s Riverdale home, search teams and dozens of agents waited anxiously outside both locations. Buryakov headed out to get groceries. After he paid, he found Ricci’s agents, clad in blue FBI windbreakers, waiting in the parking lot. “Sir, you have to come with us,” they said, then hurried him into an SUV. Buryakov, the agents later reported, was calm and hardly seemed surprised. Other agents then took his purchases the two blocks back along Leibig Avenue, where they knocked on his door, delivered the groceries, and told Marina that they had a warrant to enter. As they searched the house, technicians covertly removed the FBI’s audio and video surveillance tools.
By day’s end, the U.S. Department of Justice announced the arrest and unsealed the criminal complaint against Buryakov, as well as naming Sporyshev and Podobnyy, who were both protected by diplomatic immunity. The arrest and announcement touched off a flurry of international activity. In Moscow, the Russian government summoned the U.S. ambassador to protest. In New York, Marina and the children fled into the nearby Russian mission residence, their family car abandoned on Mosholu Street outside, until they were able to leave the country. Russian colleagues hurriedly moved the family’s belongings out of the Riverdale home, tearing the house apart in the vain hope of uncovering the FBI’s recording devices.
VEB paid $45,000 to settle a lawsuit filed by Buryakov’s landlord and also paid for his legal counsel. Initially, Buryakov’s defense was that he’d done nothing more than many professionally ambitious expatriates in New York do: He’d simply agreed to help his countrymen, Sporyshev and Podobnyy, with their work and lives in America. But eventually he pleaded guilty to being an unregistered foreign agent—the technical federal charge for espionage.
Buryakov’s arrest did little to slow the flow of intelligence operatives into America. Even as his case played out in the New York courts in the summer of 2015, Border Patrol agents apprehended a man from Ukraine crossing the Texas border, according to previously unreported internal U.S. Customs and Border Protection documents. “It is my opinion that this subject is a Russian asset and was sent by the Russians to infiltrate the U.S.,” the agent wrote. “[The individual] is a perfect asset since he already knows some English, is militarily trained, and is fluent in Russian and his native tongue of Arabic.” Following standard procedure, though, the man was released into the U.S. with a notice to appear at a deportation hearing. The FBI refuses to confirm if it’s aware of the incident or if it’s monitoring the man.
On May 24, 2016, Buryakov was sentenced to 30 months in prison, and he now resides in the federal low-security prison in rural Lisbon, Ohio. He’s still listed on VEB’s website as its deputy representative in New York.