Category Archives: Russia

FBI Watched the Spy Ring Inside the Hillary Inner Circle

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Ah, she was posing as an accountant..

FBI hidden camera surveillance videos of the spies’ operations give a fascinating look into Russian spy tradecraft as employed by Chapman and the other Russian agents. The videos show, among other things, the Russian infiltrators hiding messages under bridges, secretly trading information, money and contact information via “brush passes,” and digging for buried payoff money in the woods.

While Chapman and her fellow spies seemed to live routine, middle-class lives, the videos reveal both traditional and hi-tech spy techniques, including Chapman sending encrypted messages to her handler with a specially equipped laptop. In one of the FBI surveillance tapes, Chapman is in a department store, transmitting messages to her contact standing outside the store.

“We were able to capture wirelessly the communications between her and her handler,” Figliuzzi said. “There were six locations throughout New York,” that Chapman used, he said. “She transmits and receives messages from the official who is in close proximity but not anywhere near visibly close to her … she is transmitting encrypted code that the FBI was able to break.” More here.

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The 97 page criminal complaint is here.

As Hillary Clinton was beginning her job as President Obama’s chief diplomat, federal agents observed as multiple arms of Vladimir Putin’s machine unleashed an influence campaign designed to win access to the new secretary of State, her husband Bill Clinton and members of their inner circle, according to interviews and once-sealed FBI records.

Some of the activities FBI agents gathered evidence about in 2009 and 2010 were covert and illegal.

A female Russian spy posing as an American accountant, for instance, used a false identity to burrow her way into the employ of a major Democratic donor in hopes of gaining intelligence on Hillary Clinton’s department, records show. The spy was arrested and deported as she moved closer to getting inside the secretary’s department, agents said.

Other activities were perfectly legal and sitting in plain view, such as when a subsidiary of Russia’s state-controlled nuclear energy company hired a Washington firm to lobby the Obama administration. At the time it was hired, the firm was providing hundreds of thousands of dollars a year in pro bono support to Bill Clinton’s global charitable initiative, and it legally helped the Russian company secure federal decisions that led to billions in new U.S. commercial nuclear business, records show.

Agents were surprised by the timing and size of a $500,000 check that a Kremlin-linked bank provided Bill Clinton with for a single speech in the summer of 2010. The payday came just weeks after Hillary Clinton helped arrange for American executives to travel to Moscow to support Putin’s efforts to build his own country’s version of Silicon Valley, agents said.

There is no evidence in any of the public records that the FBI believed that the Clintons or anyone close to them did anything illegal. But there’s definitive evidence the Russians were seeking their influence with a specific eye on the State Department.

“There is not one shred of doubt from the evidence that we had that the Russians had set their sights on Hillary Clinton’s circle, because she was the quarterback of the Obama-Russian reset strategy and the assumed successor to Obama as president,” said a source familiar with the FBI’s evidence at the time, speaking only on condition of anonymity, because he was not authorized to speak to the news media.

That source pointed to an October 2009 communication intercepted by the FBI in which Russian handlers instructed two of their spies specifically to gather nonpublic information on the State Department.

“Send more info on current international affairs vital for R., highlight US approach,” part of the message to the spies read, using the country’s first initial to refer to Russia. “… Try to single out tidbits unknown publicly but revealed in private by sources closer to State department, government, major think tanks.”

The Clintons, by that time, had set up several new vehicles that included a multimillion dollar speech-making business, the family foundation and a global charitable initiative, all which proved attractive to the Russians as Hillary Clinton took over State.

“In the end, some of this just comes down to what it always does in Washington: donations, lobbying, contracts and influence – even for Russia,” said Frank Figliuzzi, the former FBI assistant director for counterintelligence.

The sleeper ring

Figliuzzi supervised the post-arrest declassification and release of records from a 10-year operation that unmasked a major Russian spy ring in 2010. It was one of the most important U.S. counterintelligence victories against Russia in history, and famous for nabbing the glamorous spy-turned-model Anna Chapman.

While Chapman dominated the headlines surrounding that spy ring, another Russian woman posing as a mundane New Jersey accountant named Cynthia Murphy was closing in on accessing Secretary Clinton’s department, according to records and interviews.

For most of the 10 years, the ring of Russian spies that included Chapman and Murray acted as sleepers, spending a “great deal of time collecting information and passing it on” to their handlers inside Russia’s SVR spy agency, FBI records state.

Murphy, living with her husband and kids in the New Jersey suburbs of New York City, reported a major breakthrough in February 2009 in an electronic message sent to her handlers: she had scored access to a major Democrat, FBI records state.

“Murphy had several work-related personal meetings with [a prominent New York-based financier, name omitted] and was assigned his account,” one FBI record from the case read. “The message accurately described the financier as  ‘prominent in politics,’ ‘an active fund-raiser’ for [a major political party, name omitted] and a ‘personal friend’ of [a current Cabinet official, name redacted].”

Multiple current and former officials confirmed to The Hill that the Cabinet officer was Hillary Clinton, the fundraiser was New York financier Alan Patricof and the political party was the Democratic National Committee. None of the Americans were ever suspected of illegalities, but the episode made clear the Russian spies were stepping up their operations against the new administration after years of working in a “sleeper” capacity, officials said.

Patricof did not return a call to his office Friday seeking comment. But in 2010 he told The Washington Post after the spy case broke he believed he had been a victim of the spy ring, saying Murphy had worked for him but that he only talked accounting and not government or politics with her.

“It’s just staggering,” he told the Post about the idea of being targeted by Russia. “It’s off the charts.”

Clinton spokesman Nick Merrill declined Saturday to say if the secretary was ever alerted or briefed to the Russian spy effort, instead suggesting that any focus on the spy case was a partisan effort to distract from the controversy around Moscow and President Trump.

“Nothing has changed since the last time this was addressed, including the right’s transparent attempts to distract from their own Russia problems, which are real and a grave threat to our national security,” he wrote in an email to The Hill.

Back in 2010, when the spy story broke, Hillary Clinton’s office issued a statement that there was “no reason to think the Secretary was a target of this spy ring.”

Court documents and agents who worked the case suggest otherwise, saying the Russians were specifically targeting her department and any intelligence they could get on the new administration’s emerging foreign policy.

Trying to get inside State

The FBI documents show exactly what Murphy’s Russian handlers wanted her to get from a Clinton-tied donor she had befriended. “Maybe he can provide Murphy with remarks re US foreign policy, roumors (sic) about White House internal kitchen, invite her to major venues,” one FBI document quoted the Russians as saying.

By 2010, the Russian SVR urged Murphy to consider taking a job with a lobbying firm because “this position would expose her to prospective contacts and potential sources in U.S. government,” the FBI affidavit read.

Figliuzzi said it was the FBI’s belief that Murphy wasn’t going to risk taking a job inside the State Department, where the vetting process might unmask her true identity. So she aimed for a private sector job where “she could get next to people who had the jobs who could get the information she wanted from State,” he said.

The retired FBI executive said that by early summer 2010, agents feared Chapman might flee the country and Murphy was getting too close to posing a security concern to Hillary Clinton. As a result, they arrested the entire ring of 10 spies, and quickly expelled them.

“In regards to the woman known as Cynthia Murphy, she was getting close to Alan, and the lobbying job. And we thought this was too close to Hillary Clinton. So when you have the totality of the circumstance, and we were confident we had the whole cell identified, we decided it was time to shut down their operations,” Figliuzzi said.

The FBI announced the arrests on June 28, 2010, a day after they were made.

The ring highlights the long-standing efforts Russia has made to gain access to U.S. officials, which sprouted up well before the last election. But the recent events also illustrate how Russia’s efforts have advanced.

Figliuzzi said they show a “logical evolution or morphing of methodology to exploit social media in a way that is far more effective and potentially damaging” than the spy ring rolled up in 2010.

“We watched a sleeper cell of ten people for ten years that didn’t come close to the impact of a few thousand ads and posts on FB, Twitter, Google and Instagram,” he said.

Bill Clinton’s big check

A day after the arrests of the sleeper ring, another event captured the FBI’s attention.

Thousands of miles away in Russia, former President Clinton collected a $500,000 check for giving a 90-minute speech to Renaissance Capital, a Kremlin-connected bank, then scored a meeting with Putin himself.

The check caught the attention of FBI agents, especially with Hillary Clinton having recently returned from meetings in Russia, and her department working on a variety of issues where Moscow had an interest, records show.

One issue was American approval of the Russian nuclear company Rosatom’s purchase of a Canadian company called Uranium One, which controlled 20 percent of America’s strategic uranium reserves. State was one of more than a dozen federal agencies that needed to weigh in, and a Clinton deputy was handling the matter.

The second issue was the Russian company TENEX’s desire to score a new raft of commercial nuclear sales to U.S. companies. TENEX for years was selling uranium recycled from old Soviet warheads to the United States. But that deal was coming to an end and now it needed a new U.S. market.

And the third was a promise Secretary Clinton herself made to Russian leaders to round up support in America’s Silicon Valley for then-Russian President Dmitry Medvedev’s dream for a new high-tech hub outside Moscow known as Skolkovo. A team of venture capitalists had been dispatched to Moscow just a few weeks before Bill Clinton landed his payday, records show.

“We have 40,000 Russians living in Silicon Valley in California. We would be thrilled if 40,000 Russians were working in whatever the Russian equivalent of Silicon Valley is, providing global economic competition, taking the internet and technology to the next level,” Hillary Clinton said at the time, according to a State Department transcript. She added that the business executives she dispatched to Putin’s homeland had Twittered their way through Russia.

The bank that paid Bill Clinton was promoting the Uranium One deal’s stock. And the former president entertained – though he never followed through with – meeting with two Russian figures who had ties to the nuclear sales and the Silicon Valley deals as well, State Department records show.

Angel Urena, the official spokeswoman for the former president, told The Hill that Bill Clinton never discussed the issues pending before his wife’s department when he was in Russia and that the money he collected for himself and his charitable efforts never influenced his wife’s decision-making.

Another investigation

Away from Bill Clinton’s check and the breaking news of a spy ring, the FBI had another major investigation underway where the Clinton name was surfacing.

Since 2009, the FBI had an undercover informant gathering evidence of a massive bribery and kickback scheme inside the Russian nuclear energy firm TENEX and its American arm TENAM.

Years later, FBI agents would help the Justice Department bring charges against the Russian nuclear industry’s point man in the United States, TENEX director Vadim Mikerin, as well as a Russian financier and an American trucking executive whose company moved Russian uranium around the United States.

But as the informant gathered evidence of the bribery scheme in early 2010, he began to hear a familiar name crop up in conversations. The Russians kept talking about ways they could win access to or favor with the Clintons, and the informant kept reporting it back to his FBI handlers.

The informant has never been publicly identified, but his lawyer told The Hill on Friday he can shed significant light to Congress on what the Russians were doing to try to win favorable treatment from the Obama administration.

“I can confirm that my client while working undercover for the FBI and in the employ of the Russian energy firm TENEX witnessed numerous, detailed conversations in which Russian actors described their efforts to lobby, influence or ingratiate themselves with the Clintons in hopes of winning favorable uranium decisions from the Obama administration,” attorney Victoria Toensing said.

“Unfortunately, he cannot at the present time disclose the specifics of that evidence he reported to the agents in real time because of an NDA he signed with the bureau. But we are working with Congress to find a means in the future for him to transmit the important information he possesses,” she added.

There are some public records that show what TENEX was trying to do inside the United States.

The Russian firm between 2009 and 2011 hired two Washington consulting firms to help it win Obama administration approval for policies and contracts that opened up billions in new nuclear fuel sales for TENEX, foreign agent registration records show. Those firms were never implicated in any wrongdoing in court records, and were just doing contract work to expand the Russian company’s commercial nuclear sales inside the United States.

The lobbying work was perfectly legal, focusing on agencies like State, Commerce and Energy that supervised the U.S.-Russia nuclear relationship. But once again, a connection to the Clintons emerged.

One of the firms TENEX hired in 2010 was providing hundreds of thousands of dollars a year in support to the Clinton Global Initiative, starting in 2008.

Trump Orders ALL JFK Files for Release? Nah

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Background

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In summary, Trump clarified his approval:

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

 

Anyone From the U.S. Mentioning this to China’s President Xi?

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Remarkable site and well on top of this issue, for the summary go here.

Primer:

Out of a list of 57 companies accused by U.N. investigators of aiding North Korea, 43 of them haven’t been sanctioned by Treasury.

One of them is Glocom, a firm also known as Pan Systems Pyongyang Branch, a North Korean company based in Malaysia that investigators say uses a series of front companies and agents to procure components and sell communications systems in violation of U.N. sanctions. Pan Systems and another associated firm, Wonbang Trading Co., are operated by North Korea’s intelligence service, the Reconnaissance General Bureau, the U.N. says. Wonbang has also been one of the largest shippers of North Korea coal and Glocom has been investigated for arms shipments. Glocom, which maintains a website, didn’t respond to repeated requests for comment on the allegations.

Another network cited by the U.N. is a transport firm named Vast Win Trading, whose ship, the Jie Shun, was seized in Egypt last year with 30,000 rocket-propelled grenades. The owner of that ship, Chinese national Sun Sidong, has business ties to a network owned by Chinese national Chi Yupeng through a shared email address in China’s business registry, according to the nonprofit group, C4ADS, that monitors global threats. U.S. Attorneys and Treasury have already targeted the Chi Yupeng network with sanctions and seized funds. Mr. Sun’s network of companies has remained so far untouched. In August, Mr. Sun sold his $1.3 million home in Great Neck, N.Y., for cash, according to his real-estate agent. Mr. Sun couldn’t be reached through his U.S.- and U.K.-based companies or through an individual identified as his lawyer in New York property records.

One of his companies, Dandong Dongyuan Industrial Co. Ltd., is the largest exporter of what’s called “dual use” equipment that can include navigation systems and guidance devices that can be used for ballistic missiles, according to C4ADS. Mr. Sun is also the CEO of Dongyuan Enterprise, a Flushing, N.Y., firm.

U.N. investigators named several banks in North Korea that were established, managed or owned by Chinese firms. First Eastern Bank in Rason, North Korea, owned by Unaforte Hong Kong, was set up to provide loans to Chinese individuals and companies, for example. More here.

DoJ: On Aug. 3, 2016, a U.S. Magistrate Judge Joseph A. Dickson of the District of New Jersey signed a criminal complaint charging Ma Xiaohong (Ma) and her company, Dandong Hongxiang Industrial Development Co. Ltd. (DHID), and three of DHID’s top executives, general manager Zhou Jianshu (Zhou), deputy general manager Hong Jinhua (Hong) and financial manager Luo Chuanxu (Luo), with conspiracy to violate the International Emergency Economic Powers Act (IEEPA) and to defraud the United States; violating IEEPA; and conspiracy to launder monetary instruments.

Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) also imposed sanctions on DHID, Ma, Zhou, Hong and Luo for their ties to the government of North Korea’s weapons of mass destruction proliferation efforts.

In addition, the department filed a civil forfeiture action for all funds contained in 25 Chinese bank accounts that allegedly belong to DHID and its front companies. The department has also requested tha the federal court in the District of New Jersey issue a restraining order for all of the funds named in the civil forfeiture action, based upon the allegation that the funds represent property involved in money laundering, which makes them forfeitable to the United States. There are no allegations of wrongdoing by the U.S. correspondent banks or foreign banks that maintain these accounts.

“The charges and forfeiture action announced today allege that defendants in China established and used shell companies around the world, surreptitiously moved money through the United States and violated the sanctions imposed on North Korea in response to, among other things, its nuclear weapons program,” said Assistant Attorney General Caldwell. “The actions reflect our efforts to protect the integrity of the U.S. banking system and hold accountable those who seek to evade U.S. sanctions laws.”

***

For context:

Hong Kong (CNN)Easey Commercial Building is an unassuming mid-rise office tower on Hennessy Road, an artery that runs through Hong Kong’s busy Wan Chai district. The structure sits among scenery that’s classic Hong Kong: bright lights, tall buildings, people rushing about.

But camouflaged in the normalcy is a business that seemingly exists in name only.
Take the elevator to the Easey building’s 21st floor, and in room 2103 is the registered office of Unaforte Limited Hong Kong. It’s a company accused by the United Nations of violating sanctions on the Democratic People’s Republic of Korea (North Korea’s official name) for helping the country make money internationally, funding everything from its nuclear weapons program to the lavish lifestyles of North Korean Supreme Leader Kim Jong Un and Pyongyang’s most important players.
At least, Unaforte is supposed to be there. That is the address listed on its publicly available corporate filings provided to the Hong Kong government. When CNN visited the office, it found neither Unaforte nor its listed company secretary, Prolive Consultants Limited.
Instead, room 2103 was home to a seemingly unrelated company: Cheerful Best Company Services. Only one man was there when CNN stopped by, and he said a representative for Prolive Consultants only comes by every so often to pick up mail. He had not heard of Unaforte.
The United Nations Panel of Experts on North Korea — the body charged with monitoring sanctions enforcement on the hermit nation — said in two recent reports that Unaforte opened and owned a bank in the North Korean city of Rason. That is likely a violation of the latest UN Security Council resolution banning joint international ventures with North Korea, according to Christopher Wall, a lawyer who specializes in international trade law and a partner at Pillsbury Winthrop Shaw Pittman in Washington, DC.
North Korea is believed to use these types of practices to cover up much of its trade, from selling coal and fuel to exporting weapons.
“The (North Korean) regime accesses the international financial system through front companies and other deceptive financial practices in order to buy goods and services abroad,” Sigal Mandelker, the undersecretary for terrorism and financial intelligence at the US Department of the Treasury, said in Senate testimony on September 28.
Hong Kong is one of two business jurisdictions (along with the British Virgin Islands) where the UN Panel of Experts on North Korea has seen the largest share of North Korean-controlled front companies operating, said Hugh Griffiths, the panel’s coordinator.
When Unaforte’s company particulars show up in Hong Kong’s publicly available corporate records, the name of just one individual appears. He holds a passport from the small Caribbean island of Dominica. A passport number is there, but not a phone number.
Those details shed light on Hong Kong’s incorporation requirements. To start a company in Hong Kong, one needs at least one director (has to be an actual person) and a company secretary (which can either be a person or another company, but must be based in Hong Kong), according to the Companies Registry website.
Companies that are sanctioned in most cases cannot easily conduct transactions in the dollar, as US banks have to back those deals and would filter and flag sanctioned entities, Anthony Ruggiero, an expert in the use of targeted financial measures at the Foundation for the Defense of Democracies, told CNN.
The DHID charges revealed that to get around US prying eyes, North Korea uses a complex ledger and credit scheme to hide North Korea’s involvement in dollar transactions, Ruggiero explained to Congress in September.
Thirteen of DHID’s front companies were located in Hong Kong. Eleven shared the same registered address in Wan Chai, less than a kilometer away from the Easey Commercial Building, the indictment said. Read more here from CNN.

Subpoena Tim Geithner About the Uranium One Deal for Starters

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

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

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

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

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

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

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

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

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

Suggestions include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mikerin indictment document here.

The plea deal and 2 associated cases here.

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

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

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

***

Mikerin

 

Officials Potentially Influenced (Name; Title; Organization): 

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

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

Third-Party Intermediary:   

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

 

N Korean Hackers’ Heist from Taiwan Bank

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Taiwan Bank Heist Linked to North Korean Hackers

A recent cyber-heist that targeted a bank in Taiwan has been linked by security researchers to an infamous threat group believed to be operating out of North Korea.

Hackers exploited the SWIFT global financial network to steal roughly $60 million from Taiwan’s Far Eastern International Bank. The money was transferred to several countries, but bank officials claimed they had managed to recover most of it. Two individuals were arrested earlier this month in Sri Lanka for their role in the operation.

Researchers at BAE Systems have identified some of the tools used in the attack and found connections to the North Korean threat actor known as Lazarus. This group is also believed to be behind the 2014 attack on Sony Pictures and campaigns targeting several banks, including Bangladesh’s central bank.

The attack on the Bangladesh bank, which resulted in the theft of $81 million, also involved the SWIFT system. Similar methods were also used to target several other banks, but SWIFT said some of the operations failed due to the new security measures implemented by the company.

While it’s still unclear how attackers gained access to the systems of Far Eastern International Bank, an analysis of various malware samples apparently involved in the attack suggests that the hackers may have used a piece of ransomware as a distraction.

The ransomware involved in the attack is known as Hermes. According to Bleeping Computer, the threat surfaced in February and its latest version has an encryption mechanism that makes it impossible to recover files without paying the ransom.

However, researchers at McAfee discovered that the Hermes variant used in the attack on the Taiwanese bank did not display a ransom note, which led them to believe it may have been only a distraction.

“Was the ransomware used to distract the real purpose of this attack? We strongly believe so,” McAfee researchers said. “Based on our sources, the ransomware attack started in the network when the unauthorized payments were being sent.”

BAE Systems has seen samples that drop a ransom note in each encrypted folder, but even they believe Hermes may have been used to distract the bank’s security team.

Another malware sample linked by BAE Systems to this attack is a loader named Bitsran, which spreads a malicious payload on the targeted network. This threat contained what appeared to be hardcoded credentials for Far Eastern International’s network, which suggests the threat group may have conducted previous reconnaissance.

Some pieces of malware discovered by BAE Systems are known to have been used by the Lazarus group, including in attacks aimed at financial organizations in Poland and Mexico. The malware includes commands and other messages written in Russia, which experts believe is likely a false flag designed to throw off investigators.

It’s worth noting that the Hermes ransomware samples checked the infected machine’s language settings and stopped running if Russian, Ukrainian or Belarusian was detected. This is common for malware created by Russian and Ukrainian hackers who often avoid targeting their own country’s citizens. However, this could also be a false flag.

Another piece of evidence linking the Taiwan bank attacks to Lazarus is the fact that money was transferred to accounts in Sri Lanka and Cambodia, similar to other operations attributed to the group.

Some experts believe that these bank heists and the WannaCry attack, which has also been linked by some to Lazarus, are campaigns launched by North Korea for financial gain. However, many of these operations don’t appear to have been very successful on this front.

“Despite their continued success in getting onto payment systems in banks, the Lazarus group still struggle getting the cash in the end, with payments being reversed soon after the attacks are uncovered,” BAE Systems researchers explained.

“The group may be trying new tricks to disrupt victims and delay their ability to respond – such as different message formats, and the deployment of ransomware across the victim’s network as a smokescreen for their other activity. It’s likely they’ll continue their heist attempts against banks in the coming months and we expect they will evolve their modus operandi to incorporate new ways of disrupting victims (and possibly the wider community) from responding,” they added.

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*** Related reading: The Lazarus (aka DarkSeoul group) is allegedly controlled by Bureau 121, a division of the Reconnaissance General Bureau, a North Korean intelligence agency. Bureau 121 is responsible for conducting military cyber campaigns.

*** By the way, some of the North Korean hackers not only operate in China but many of those hackers are from India….

6,000 is the number of hackers working for North Korea, traced by American and British security officials.
Once scoffed at, North Korea’s cyber technology has now developed to a brink where it can create a havoc in the world’s cybersecurity. From theft to political agenda, North Korea now launches attacks in the form of ransomware, digital bank heists, online video game cracks and Bitcoin exchanges.

In the first week of October, India’s Ministry of External Affairs issued a strongly-worded statement condemning North Korea for conducting a powerful nuclear test. Few weeks down the line, a stunning report from the New York Times claims that India serves as a base for North Korea’s cyber warfare.

Citing a report by the Recorded Future, the American publication said nearly a fifth of the Pyongang’s attacks originate from India.

The report claims that most of North Korean cyber operations are carried out from foreign countries like India, Malaysia, New Zealand, Nepal, Kenya, Mozambique, and Indonesia. While in some cases, the North Korean hackers route their attacks through their computers from abroad, in cases like that in India, hackers are physically stationed to carry out attacks.

The cyber mission as envisaged by Kim Jong-il in the 1990s was expanded by his dictator son Kim Jong-Un after he took power in 2011.

On of the most successful cyber attacks carried out by North Korea dates back to 2014 on Sony pictures to prevent them from releasing a comedy film that was based on the assassination of Kim Jong Un.

Last May, a widespread global ransomware attack caused panic and briefly stalled the Britain’s National Health Services.

The digital bank heists in Philippines in 2015 and in Vietnam in the same year also earned them some hard cash from cyber attacks.

The report by Recorded Future also indicates that India, despite serving as a base for North Korea’s cyberwar, also remains at a potential threat from similar attacks. While the world lives under the fear of North Korea emerging as a nuclear superpower, the country is silently building a strong brigade of hackers.