Sentencing Memorandum

Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 1 of 33 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Crim. No. 17-232 (EGS) MICHAEL T. FLYNN, Defendant UNITED STATES’ SUPPLEMENTAL MEMORANDUM IN AID OF SENTENCING The United States of America, by and through its attorney, the United States Attorney for the District of Columbia, hereby respectfully submits its Supplemental Memorandum in Aid of Sentencing for defendant Michael T. Flynn. In its initial sentencing memorandum, the government recommended that the defendant receive a sentence at the low end of the Guidelines range. See Government’s Memorandum in Aid of Sentencing, United States v. Flynn, No. 17-cr232 (D.D.C. Dec. 4, 2018) (Doc. 46) (“Gov’t Sent’g Mem.”). At that time, the government represented that the defendant had accepted responsibility, and it filed a motion for a downward departure pursuant to Section 5K1.1 of the United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”). At the initial sentencing hearing in December 2018, the Court raised concerns about proceeding to sentencing without “fully understanding the true extent and nature” of the defendant’s assistance. Hearing Transcript at 31, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 18, 2018) (“12/18/2018 Hearing Tr.”). Upon a motion of the defendant predicated on a desire to “complete his cooperation” in the case of United States v. Bijan Rafiekian, No. 18-cr457, in the U.S. District Court for the Eastern District of Virginia (“EDVA”), the Court continued his sentencing. 12/18/2018 Hearing Tr. at 46-47. Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 2 of 33 The defendant is now scheduled to be sentenced almost exactly three years from the date of his primary criminal conduct – lying to the FBI – and the intervening years have included periods where the defendant has sought to assist and aid the government, and periods where the defendant has sought to thwart the efforts of the government to hold other individuals, principally Bijan Rafiekian, accountable for criminal wrongdoing. Given the serious nature of the defendant’s offense, his apparent failure to accept responsibility, his failure to complete his cooperation in – and his affirmative efforts to undermine – the prosecution of Bijan Rafiekian, and the need to promote respect for the law and adequately deter such criminal conduct, the government recommends that the court sentence the defendant within the applicable Guidelines range of 0 to 6 months of incarceration. I. Background On December 1, 2017, the defendant entered a plea of guilty to a single count of “willfully and knowingly” making material false statements to the Federal Bureau of Investigation (“FBI”) regarding his contacts with the Government of Russia’s Ambassador to the United States (“Russian Ambassador”) during an interview with the FBI on January 24, 2017 (“January 24 interview”), in violation of 18 U.S.C. § 1001(a)(2). See Information, United States v. Flynn, No. 17-cr-232 (D.D.C. Nov. 30, 2017) (Doc. 1); Statement of Offense at ¶¶ 3-4, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 1, 2017) (Doc. 4) (“SOF”). In addition, at the time of his plea, the defendant admitted making other material false statements and omissions in multiple documents that he filed on March 7, 2017, with the Department of Justice (“DOJ”) pursuant to the Foreign Agents Registration Act (“FARA”), which pertained to his work for the principal benefit of the Government of Turkey. See SOF at ¶ 5. These additional material false statements are relevant conduct that the Court can and should consider in determining where within the Guidelines range to sentence the defendant. 2   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 3 of 33 The defendant was initially scheduled to be sentenced by this Court on December 18, 2018, even though the defendant had not completed his cooperation. The parties sought to hold the hearing at that time because the defendant had expressed a desire to be sentenced as soon as possible. The government assented to his request because the sole outstanding area of cooperation pertained to the Rafiekian case, and the defendant had already testified under oath before a federal grand jury in that matter. The government expected that, in the event the Rafiekian case went to trial, the defendant would testify at trial consistent with that grand jury testimony and the Statement of Offense. In anticipation of that hearing, the parties filed sentencing memoranda. As part of its submission, the government requested that the Court grant a downward departure for providing substantial assistance to the government. The government provided a detailed accounting of the defendant’s assistance to the government in several ongoing investigations, including the investigation by the Special Counsel’s Office (“SCO”). See Addendum to Government’s Memorandum in Aid of Sentencing, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 19, 2019) (Doc. 146) (“Addendum”). Notably, only the assistance he had provided in the Rafiekian case was deemed “substantial.” Id. at 2. The government recognized that “some of that benefit [of the defendant’s substantial assistance] may not be fully realized at this time,” but it represented that the government and the defendant “agree that sentencing at this time is nonetheless appropriate because sufficient information is available to allow the Court to determine the import of the defendant’s assistance to his sentence.” Id. at 2. In addition to asking the Court to credit the defendant with providing substantial assistance, the government recommended that the defendant receive credit for accepting responsibility. For the reasons detailed below, the government now withdraws both requests. 3   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 4 of 33 The defendant was not sentenced at the December 18 hearing. The Court first engaged in an “extension . . . of the plea colloquy.” Hearing Transcript at 5, United States v. Flynn, No. 17cr-232 (D.D.C. Dec. 18, 2018) (“12/18/2018 Hearing Tr.”). Based upon the defendant’s responses, the Court found that the defendant entered his earlier guilty plea while “competent and capable.” Id. at 16. The Court then engaged in a colloquy with the government, during which the government represented that “based on the totality of the assistance that the defendant had provided at that point,” it believed that a motion for a downward departure based on his substantial assistance was warranted. Id. at 27. The government further stated that based not only on “the assistance he provided, but the nature of the investigations . . . , that the defendant had provided the vast majority of cooperation that could be considered,” concluding that the Court “was in a position to consider the vast majority of not just the cooperation, but the potential benefit of that cooperation.” Id. (emphasis added). The Court inquired whether the defendant could have been charged as a co-defendant in the Rafiekian case, and the government affirmed that the defendant could have been charged with various offenses in connection with his false statements in his FARA filings, consistent with his Statement of Offense. Id. at 28. With respect to sentencing, the Court reminded the defendant that he could be sentenced to a term of imprisonment, and reminded the defendant of the government’s representation that some of the benefit of his cooperation “may not be fully realized at this time.” Id. at 30. The Court then asked whether the defendant therefore wished to fully complete his cooperation with the government in order to improve potentially his sentence. Id. at 30-34, 44. The defendant noted that any remaining cooperation consisted of testifying at the Rafiekian trial, and requested that the Court continue the sentencing hearing. Id. at 46-47. It is within the government’s sole discretion to determine whether the defendant has “substantially assisted” the government. In light of the complete record, including actions 4   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 5 of 33 subsequent to December 18, 2018, that negate the benefits of much of the defendant’s earlier cooperation, the government no longer deems the defendant’s assistance “substantial.” Based on the defendant’s conduct since the time of the December 18, 2018, sentencing hearing, the government also does not believe the defendant should receive credit for acceptance of responsibility. Indeed, the government has reason to believe, through representations by the defendant’s counsel, that the defendant has retreated from his acceptance of responsibility in this case regarding his lies to the FBI. For that reason, the government asks this Court to inquire of the defendant as to whether he maintains those apparent statements of innocence or whether he disavows them and fully accepts responsibility for his criminal conduct. II. Factual Summary of the Defendant’s Conduct Relevant to Sentencing The underlying facts in this case should not be in dispute. As the Court has noted, the defendant admitted to the underlying criminal conduct “when he entered his guilty pleas in this case.” See Memorandum Opinion at 4, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 16, 2019) (Doc. 144) (“Mem. Opinion”). At sentencing, just one year ago, the defendant reiterated that he “d[id] not take issue” with the government’s description of that conduct. See Defendant’s Memorandum in Aid of Sentencing at 7, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 11, 2018) (Doc. 50) (“Def. Sent’g Mem.”). In his recent filings and statements, however, the defendant has disputed that conduct and the underlying facts. Accordingly, the government below highlights relevant facts for purposes of sentencing. As described in the Statement of Offense, this case is about multiple false statements that the defendant made to various DOJ entities. The defendant’s first series of false statements occurred during an interview with the FBI about his communications with the Russian Ambassador. The defendant also made a second series of false statements in his FARA filings that pertain to his work for the Government of Turkey. 5   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 6 of 33 i. False Statements to the FBI About Communications with the Russian Ambassador In July 2016, the FBI opened an investigation into the Russian government’s efforts to interfere in the 2016 presidential election, including the nature of any links or coordination between the Russian government and individuals associated with the campaign of then-candidate Donald J. Trump (“FBI counterintelligence investigation”). The inquiry included examining relationships between individuals associated with the campaign and the Russian government, as well as identifying actions of such individuals that would have benefited the Russian government. During the presidential election, the defendant served as a surrogate and national security advisor for the campaign of Donald J. Trump. See SOF at ¶ 1. After the election, the defendant became a senior member of the President-Elect’s transition team and was chosen to become the National Security Advisor. Id. On December 28, 2016, then-President Barack Obama signed an executive order that implemented a series of sanctions against Russia in response to that government’s actions to interfere with the 2016 presidential election; concurrently, the Obama Administration expelled 35 Russian government officials and closed two Russian government-owned compounds in the United States (collectively, “sanctions”). See SOF at ¶ 3; SPECIAL COUNSEL ROBERT S. MUELLER III, REPORT ON THE INVESTIGATION INTO RUSSIAN INTERFERENCE IN THE 2016 PRESIDENTIAL ELECTION (Mar. 2019) (“Special Counsel Report”), Vol. I. at 168-69. The U.S. Intelligence Community assessed that Russian President Vladimir Putin “ordered an influence campaign in 2016 aimed at the US presidential election[,]” with a goal of “undermin[ing] public faith in the US democratic process.” INTELLIGENCE CMTY. ASSESSMENT, “ASSESSING RUSSIAN ACTIVITIES AND INTENTIONS IN RECENT US ELECTIONS,” at ii (Jan. 6, 2017). That evening, the Russian Ambassador texted the defendant, “can you kindly call me back at your convenience.” Special Counsel Report, Vol. I. at 169. At the time, the defendant 6   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 7 of 33 was on vacation, while multiple senior officials from the transition team were with PresidentElect Trump in Palm Beach, Florida. See SOF at ¶ 3. When the sanctions were announced publicly on December 29, 2016, the defendant texted a transition team member: “Russian AMBO reaching out to me today.” Special Counsel Report, Vol. I. at 170. The defendant then spoke to K.T. McFarland, the incoming Deputy National Security Advisor who was in Palm Beach, to discuss what to communicate to the Russian Ambassador about the sanctions. That conversation included a discussion that the transition team did not want Russia to escalate the situation, and that the defendant would relay such a message to the Russian Ambassador. See SOF at ¶ 3. Immediately after speaking with McFarland, the defendant spoke with the Russian Ambassador and discussed the sanctions, among other topics. Id. With respect to the sanctions, the defendant requested that Russia not escalate the situation and only respond in a reciprocal manner. Id. After the conversation, the defendant reported to McFarland his discussion of sanctions with the Russian Ambassador. Id. The next day, Putin released a statement that Russia would not take retaliatory measures in response to the sanctions at that time. Id. On December 31, 2016, the Russian Ambassador called the defendant and told him the request had been received at the highest levels and that Russia had chosen not to retaliate to the sanctions in response to the request. See Special Counsel Report, Vol. I. at 171. Later that day, the defendant spoke with McFarland and relayed his conversation with the Russian Ambassador. See SOF at ¶ 3. In the days that followed, the Russian government’s actions to interfere in the election remained a significant topic for the transition team and the public. On January 6, 2017, the U.S. Intelligence Community briefed the President-Elect and members of his national security team— including the defendant—on a joint assessment that concluded with high confidence that Russia 7   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 8 of 33 had interfered in the election. See Special Counsel Report, Vol. II. at 27. A declassified version of the assessment was publicly released that same day. A few days later, on January 12, 2017, the Washington Post (“Post”) published a story alleging that the defendant had spoken with the Russian Ambassador on December 29, 2016, the day the sanctions were announced. See David Ignatius, Why did Obama Dawdle on Russia’s hacking?, WASH. POST (Jan. 12, 2017). The Post story queried whether the defendant’s actions had undercut the sanctions and violated the Logan Act. In response, the defendant had K.T. McFarland contact the Post on January 13 and convey false information about his communications with the Russian Ambassador. See Government’s Reply to Defendant’s Memorandum in Aid of Sentencing at 2, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 14, 2018) (Doc. 56) (“Gov’t Reply to Def. Sent’g Mem.”). Over the next two weeks, the defendant repeated the same false statements about the sanctions to multiple members of the transition team, including Vice President-Elect Michael Pence, who repeated those false statements on national television.1 On January 23, 2017, the White House Press Secretary recounted that he had recently spoken with the defendant, and the defendant had again denied speaking to the Russian Ambassador about sanctions. See White House Briefing by Sean Spicer – Full Transcript, Jan. 23, 2017, CBS NEWS (Jan. 24, 2017). The following day, as part of the FBI counterintelligence investigation, the FBI interviewed the defendant about his conversations with the Russian Ambassador. During the                                                              1   See, e.g., Face the Nation transcript January 15, 2017: Pence, Manchin, Gingrich, CBS NEWS (Jan. 15, 2017) (Vice President Pence recounting that defendant told him he did not discuss sanctions with the Russian ambassador); Meet The Press 01/15/17, NBC NEWS (Jan. 15, 2017) (Priebus recounting that he had talked to the defendant and “[t]he subject matter of sanctions or the actions taken by the Obama [sic] did not come up in the conversation [with the Russian ambassador]”).   8   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 9 of 33 interview, the defendant disclosed some communications that he had had with Russian government officials, but omitted his communications with the Russian Ambassador about the sanctions. See Notice (Official Record of January 24 Interview Report), United States v. Flynn, No. 17-cr-232 (D.D.C. June 6, 2019) (Doc. 85). The defendant also omitted references to his communications with the Russian Ambassador in December 2016 about requesting that Russia vote against or delay a United Nations Security Council resolution. Id. The defendant’s request was contrary to the position of the then-current administration, and was relevant to the FBI’s investigation. When the interviewing agents attempted to refresh the defendant’s recollection about his conversations with the Russian Ambassador about the sanctions, the defendant continued to deny that such conversations had occurred. Id. It was material to the FBI’s counterintelligence investigation to know the full extent of the defendant’s communications with the Russian Ambassador, and why he lied to the FBI about those communications. On February 8, 2017, the defendant spoke to the Post, and again denied that he had discussed sanctions with the Russian Ambassador. The next day, the Post reported that U.S. officials stated that the defendant had discussed sanctions with the Russian Ambassador. See Greg Miller, et al., National security adviser Flynn discussed sanctions with Russian ambassador, despite denials, officials say, WASH. POST (Feb. 9, 2017). The defendant then changed his story, and started claiming that “he couldn’t be certain that the topic [of sanctions] never came up.” Id. Four days later, on February 13, 2017, President Trump asked for the defendant’s resignation, and the defendant complied. ii. False Statements to the DOJ About his Work for the Government of Turkey The defendant’s false statements to the DOJ pertain to work that he and his company, the Flynn Intel Group (“FIG”), performed for the Government of Turkey. On July 15, 2016, a coup d’état was attempted in Turkey. The Government of Turkey maintained that a cleric living in the 9   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 10 of 33 United States, Fethullah Gulen, was responsible for the failed coup. Just twelve days later, the defendant and Rafiekian (Vice Chairman of FIG) began exchanging emails with Ekim Alptekin, a Turkish national with connections to high-level Government of Turkey officials, about assisting the Government of Turkey’s effort to obtain custody of Gulen. See Attachment 1 (selected trial exhibits from United States v. Bijan Rafiekian, No. 18-cr-457, 2019 WL 4647254 (E.D. Va. Sept. 24, 2019)), Ex. 8B.2 The decision to hire the defendant and his company was based in part on the defendant’s work for and relationship with then-presidential candidate Trump. The defendant, Rafiekian, and Alptekin devised a campaign pertaining to Gulen, which they called the “Truth” campaign, with the direction, support, and authorization of the Government of Turkey. For example, on August 8, 2016, Alptekin reported that he had just had a “long meeting with [the Turkish] Minister of Economy upon the referral of [Turkish Minister of Foreign Affairs Mevlut] Cavusoglu. I explained what we can offer. He agreed to discuss in general lines at the council of ministers today and subsequently with [Turkish Prime Minister Binali] Yildirim in more detail.” See Attachment 1, Ex. 14A. Just two days later, Alptekin informed the defendant and Rafiekian that he had just “finished in Ankara after several meetings today with Min of Economy and [Minister of Foreign Affairs] Cavusoglu. I have a green light to discuss confidentiality, budget and the scope of the contract.” See Attachment 1, Ex. 16. On September 8, 2016, Alptekin reported that he “will send the agreement // just left [Prime Minister]’s office.” See Attachment 1, Ex. 67J. That same day, the defendant and Alptekin signed a contract that would pay FIG $600,000 for 90 days of work. See Attachment 1, Ex. 58.                                                              Exhibits in Attachment 1 are not consecutively numbered, and are referred to by the exhibit number used in the Rafiekian trial. 2    10   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 11 of 33 One of the first actions that the defendant and Rafiekian took after signing the contract and receiving payment was attending a meeting in New York City with Turkish ministers. On September 19, 2016, the defendant, Rafiekian, Alptekin, and two other FIG associates met with Turkish Minister of Foreign Affairs Cavusoglu and the Turkish Minister of Energy. See In re Grand Jury, Testimony of Michael T. Flynn (June 26, 2018) (“Grand Jury Tr.”) at 22-25 (Attachment 2); Attachment 1, Ex. 61. The conversation centered on Gulen and the Government of Turkey’s efforts to obtain custody of Gulen. See, e.g., Attachment 1, Ex. 26B (talking points for the meeting). After receiving feedback from those Turkish officials, work on the project began.3 During September and October 2016, members of the team lobbied a member of Congress, a Congressional staffer, and a state government official about Gulen, including the prospect of holding Congressional hearings on Gulen. See Attachment 1, Exs. 30A, 30B, 61. The team also discussed publishing an op-ed about Gulen. During a meeting towards the end of the project, on November 2, 2016, Alptekin expressed frustration with the team’s lack of progress. In response, later that day, Rafiekian emailed Alptekin a draft of an op-ed that urged the United States to extradite Gulen. See Attachment 1, Ex. 45A. In that email, Rafiekian wrote, “A promise made is a promise kept.” Id. The next day, Rafiekian emailed the defendant that Rafiekian had asked an editor to “review and edit my 1000 word draft to make sure it is tight before I send it out to you.” Attachment 1, Ex. 47. Four days later, on November 8, 2016, the day of the presidential                                                              The Government of Turkey provided supervision and direction throughout the project. For example, the defendant sent a text message on October 22, 2016, explaining that he had just talked to Alptekin who thought FIG’s social media analysis was “worth talking to [Minister of Foreign Affairs Cavusoglu] about as well as all the other talking points.” Attachment 1, Ex. 40. The district judge in Refiekian ruled that this exhibit was not admissible as a coconspirator statement, based in part on the defendant’s decision to intervene against the government, in a legal, evidentiary argument. See infra, at 24-25. 3    11   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 12 of 33 election, the op-ed, credited as authored by the defendant, was published in The Hill. See Attachment 1, Ex. 50; see also Grand Jury Tr. at 31-32. The op-ed blamed Gulen for the attempted coup and urged the U.S. government to deny him refuge in the United States. At no point during FIG’s lobbying efforts or in the op-ed did the defendant disclose his affiliation with the Government of Turkey. Following the publication of the defendant’s op-ed, the FARA Unit of the DOJ sent the defendant a letter requesting information in order to determine whether the defendant had an obligation to register as an agent of a foreign government under FARA. See Attachment 1, Ex. 90. From December 2016 to March 2017, the defendant worked with attorneys from the law firm of Covington & Burling (“Covington”) to determine whether he and his company had an obligation to register and to draft such registration documents. On March 7, 2017, the defendant and Rafiekian filed multiple documents with the DOJ pursuant to FARA. See Attachment 1, Ex. 56 (Registration Statement); Ex. 58 (Exhibits A and B); Ex 61 (Supplemental Statement); Ex. 64 (Short Form Registration Statement – Flynn); Ex. 65 (Short Form Registration Statement – Rafiekian). All but one of the filings was signed by the defendant. Id. The FARA filings contained multiple false statements and made at least one material omission, including: 1. The filings affirmatively stated that FIG did not know whether or the extent to which the Republic of Turkey was involved in the Turkey project. See Attachment 1, Ex. 58 (Registration Statement, Exhibit A). 2. The filings omitted that officials from the Republic of Turkey provided supervision and direction over the Turkey project. See, e.g., Attachment 1, Ex. 56 (Registration Statement, Para. 7 & 8). 3. The filings affirmatively stated that FIG “understood the engagement to be focused on improving U.S. business organizations’ confidence regarding doing business in Turkey.” See Attachment 1, Ex. 61 (Supplemental Statement, Attachment). 12   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 13 of 33 4. The filings affirmatively stated that the defendant published the op-ed “on his own initiative;” and it was not undertaken at the direction or control of a foreign principal. See Attachment 1, Ex. 61 (Supplemental Statement, Paragraph 13). These false statements were described in the Statement of Offense, and at the time of his initial guilty plea, the defendant admitted under oath that these statements were material and false. See SOF at ¶ 5. The evidence and the defendant’s sworn testimony before the grand jury in the Rafiekian case demonstrate overwhelmingly that these three affirmative statements are false, and that the omitted statement is true. With respect to #1 and #2, the defendant’s and Rafiekian’s communications with Alptekin show that work on the project did not begin until the Government of Turkey approved the work and the budget. See, e.g., Attachment 1, Exs. 14A, 16, 40, 67J. The defendant also testified before the grand jury that the project “was always on behalf of elements within the Turkish government,” and Turkish officials were involved throughout the project. See Grand Jury Tr. at 5-12. With respect to #3, the defendant denied before the grand jury that the project focused on improving U.S. business organizations’ confidence regarding doing business in Turkey. See, e.g., Grand Jury Tr. at 9 (“Q: Was any work done regarding business opportunities and investment in Turkey? A: Not that I’m aware of.”). And with respect to #4, the emails between the defendant, Rafiekian, and Alptekin show that the op-ed was drafted immediately after Alptekin expressed frustration with the lack of progress on the project, and Rafiekian indicated that the op-ed was part of his “promise” to Alptekin. See, e.g., Attachment 1, Exs. 45A, 47. The defendant likewise testified before the grand jury that Rafiekian drafted the op-ed, that it was a deliverable for the project, and that it was necessary because FIG “needed to 13   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 14 of 33 show [they] had done something because [they] really hadn’t done much by that point.” Grand Jury Tr. at 31-32.4 III. Sentencing Recommendation and Analysis The defendant’s multiple lies to various DOJ entities warrant a sentence within the Guidelines range that is “‘sufficient, but not greater than necessary, to comply with’ the purposes of federal sentencing, in light of the Guidelines and other § 3553(a) factors.” Freeman v. United States, 564 U.S. 522, 529 (2011) (citing 18 U.S.C. § 3553(a)). “Federal sentencing law requires the district judge in every case to impose ‘a sentence sufficient, but not greater than necessary, to comply with’ the purposes of federal sentencing, in light of the Guidelines and other § 3553(a) factors.” Freeman, 564 U.S. at 529 (citing 18 U.S.C. § 3553(a)). When weighing the § 3553(a) factors as part of its calculus of an appropriate sentence, the Court should consider not only the nature and circumstances of the offense and the history and characteristics of the defendant, but also the applicable sentencing objectives—that is, that the sentence: (1) reflect the seriousness of the offense; (2) promote respect for the law; (3) provide just punishment; (4) afford adequate deterrence; (5) protect the public; and (6) effectively provide the defendant with needed educational or vocational training and medical care. See 18 U.S.C. §§ 3553(a)(1) and (2). Furthermore, the sentence should reflect “the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.” 18 U.S.C. § 3553(a)(6).                                                                 Rafiekian was not charged in EDVA with making false statements in the FARA filings, which is the relevant conduct as to defendant Flynn that the government highlights in this submission, and to which the defendant admitted in the Statement of Offense. Instead, Rafiekian was charged with being an agent of the Government of Turkey without notifying the Attorney General, in violation of 18 U.S.C. § 951, and conspiring to do so and to violate FARA, in violation of 18 U.S.C. § 371.   4 14   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 15 of 33 In United States v. Booker, 543 U.S. 220 (2005), the Supreme Court ruled that the Guidelines are no longer mandatory. However, “[a]s a matter of administration and to secure nationwide consistency, the Guidelines should be the starting point and the initial benchmark” for determining a defendant’s sentence. Gall v. United States, 552 U.S. 38, 49 (2007) (citations omitted). The Supreme Court has “recognized that, in the ordinary case, the Commission’s recommendation of a sentencing range will ‘reflect a rough approximation of sentences that might achieve § 3553(a)’s objectives.’” Kimbrough v. United States, 552 U.S. 85, 109 (2007) (quoting Rita v. United States, 551 U.S. 338, 350 (2007)). As one member of this Court has held, “Booker requires judges to engage in a two-step analysis to determine a reasonable sentence.” United States v. Doe, 412 F. Supp. 2d 87, 90 (D.D.C. 2006) (Bates, J.). Accordingly, after reviewing the Guidelines calculation, “the [court] should then consider all of the § 3553(a) factors to determine whether they support the sentence requested by a party. In so doing, [the court] may not presume that the Guidelines range is reasonable . . . [but] must make an individualized assessment based on the facts presented.” Gall, 552 U.S. 38 at 49-50 (citations omitted). A. United States Sentencing Guidelines Calculation The government submits that under the Guidelines, the appropriate total offense level is six, which based on the defendant’s criminal history category of I, results in a Guidelines range of 0 to 6 months of incarceration and a fine of $1000-$9500. With respect to other relevant Guidelines provisions, the Court should consider the defendant’s lies to the DOJ in connection with his FARA filings as relevant conduct for the purpose of determining his sentence within the applicable Guidelines range under U.S.S.G. §§ 1B1.3 and 1B1.4. Based on the assertions made in recent defense filings, and absent the defendant clearly and credibly disavowing those assertions during a colloquy with the Court at the sentencing hearing, the defendant is not 15   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 16 of 33 entitled to credit under U.S.S.G. § 3E1.1(a) for accepting responsibility. Finally, the government is no longer moving for a departure under U.S.S.G. § 5K1.1 for providing substantial assistance to the government. i. Base Offense Level The government agrees with the Presentence Report (“PSR”) that the appropriate Guidelines for the criminal conduct at issue here, violating 18 U.S.C. § 1001, is U.S.S.G. § 2B1.1(a)(2), results in a base offense level of six. See PSR at ¶ 27. That conclusion also reflects the parties’ Guidelines calculation in the plea agreement. See Plea Agreement at 2, United States v. Flynn, No. 17-cr-232 (D.D.C. Dec. 1, 2017) (Doc. 3) (“Plea Agmt”). ii. Relevant Conduct Analysis In fashioning its sentence, the Court must consider all relevant criminal conduct. Under the Guidelines, “the sentencing range for a particular offense is determined on the basis of all ‘relevant conduct’ in which the defendant was engaged and not just with regard to the conduct underlying the offense of conviction.” Witte v. United States, 515 U.S. 389, 393 (1995) (citing U.S.S.G. § 1B1.3, “[c]onduct that is not formally charged or is not an element of the offense of conviction may enter into the determination of the applicable guideline sentencing range.” U.S.S.G. § 1B1.3, comment, backg’d). Section 1B1.4 of the Guidelines further provides: “[i]n determining the sentence to impose within the Guidelines range, or whether a departure from the Guidelines is warranted, the court may consider, without limitation, any information concerning the background, character and conduct of the defendant, unless otherwise prohibited by law.” U.S.S.G. § 1B1. 4 (citing 18 U.S.C. § 3661). Courts may consider such relevant conduct in determining the sentence within the range prescribed by the base offense level. See United States v. Dorcely, 454 F.3d 366, 276 (D.C. Cir. 2006) (upholding as reasonable the District Court’s reliance on acquitted conduct in sentencing the defendant to 24 months in a false 16   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 17 of 33 statements case); see also United States v. Pinnick, 47 F.3d 434, 438 (D.C. Cir. 1995) (citing United States v. Wood, 924 F.2d 399, 403 (1st Cir. 1991) (the court may consider conduct related to other offenses when selecting the specific sentence within that range)). Here, in determining where within the Guidelines range to sentence the defendant, the Court should consider not just the defendant’s lies to the FBI regarding his contact with the Russian Ambassador, but also his lies to the DOJ in his FARA filings concerning his work on behalf of the Government of Turkey. See SOF at ¶ 5. His lies pertaining to FARA constitute relevant conduct under Section 1B1.3(a)(1)(A) (“all acts and omissions committed, aided, abetted, counseled, commanded, induced, procured, or willfully caused by the defendant”). Those lies are particularly relevant here, as they demonstrate a pattern of lies to DOJ entities that, collectively, deprived the DOJ of the ability to learn about foreign governments’ efforts to influence the public and our government. The defendant’s false statements to the FBI were significant. When it interviewed the defendant, the FBI did not know the totality of what had occurred between the defendant and the Russians. Any effort to undermine the recently imposed sanctions, which were enacted to punish the Russian government for interfering in the 2016 election, could have been evidence of links or coordination between the Trump Campaign and Russia. Accordingly, determining the extent of the defendant’s actions, why the defendant took such actions, and at whose direction he took those actions, were critical to the FBI’s counterintelligence investigation. For similar reasons, the defendant’s materially false statements and omissions in his FARA filings are relevant conduct, and should be considered by the Court in determining where within the applicable Guidelines range to sentence the defendant.5 The purpose of FARA is to                                                              5    The defendant now asserts that the FARA paragraph in the Statement of Offense, Paragraph 5, is “meaningless” because the word “willful” was not included in the Statement of 17   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 18 of 33 provide transparency on efforts by foreign entities, in particular foreign governments, to influence the American public and our government. FARA ensures that the public and our government know when foreign actors are behind activity intended to influence policy or opinion, so that policymakers and the public can properly evaluate the activity. Here, the defendant was working under the “supervision and direction” of the Government of Turkey, but never made such disclosures. SOF ¶5. During the entirety of the defendant’s time as the National Security Advisor and a senior advisor to the Presidential Transition Team, the public and our government did not know about his relationship with the Government of Turkey. When he published an op-ed seeking to remove a U.S. resident from the United States, the public was not informed that he and his company had been paid to do so at the behest of the Government of Turkey. Instead, he falsely represented in his FARA filings that the op-ed was written at his own                                                              Offense when describing the defendant’s false statements to the FARA Unit. See Defendant’s Response to the Court’s Order of July 9 and Government’s Filing of July 10 at 7, United States v. Flynn, 17-cr-232 (D.D.C. July 11, 2019) (Doc. 98) (“Def. Resp. to Court”) (“Nowhere, however, did [the defendant] sign or recite that he willfully allowed the filing to proceed”); SOF at ¶ 5. The defendant’s new position on the FARA offense is contradicted by his prior statements, his prior conduct, and the evidence. As the government noted in its reply to the defendant’s original sentencing memo, the defendant “chose to make” those false statements after receiving an explicit warning that providing false information was a federal offense. See Gov’t Reply to Def. Sent’g Mem. at 5. The defendant did not object when the government represented at the defendant’s initial sentencing hearing that the Statement of Offense represented the defendant’s “unlawful” conduct, or that he could have been indicted in EDVA for that conduct. See 12/18/2018 Hearing Tr. at 27-28, 35. The defendant’s lack of objection at that time was not surprising in light of the evidence. One year earlier, he told the FBI that he had seen FIG’s FARA application prior to it being filed. See June 25, 2018, Interview of Defendant at 4 (Attachment 3). When one of the defendant’s attorneys who was helping him prepare the filings sent the defendant an email with a draft of the FARA filings, which requested that he review the filings, the defendant responded, “Yes, approved, this is as discussed.” July 3, 2019 Interview of Robert Kelner at 5 (Attachment 4). Multiple Covington attorneys similarly informed the FBI that the defendant reviewed the FARA filings. See June 21, 2018 Interview of Brian Smith at 6 (Attachment 5); June 21, 2018 Interview of Robert Kelner at 7 (Attachment 6). And when the defendant signed five of the FARA filings, he affirmed, “under penalty of perjury,” that he “read the information” in the filings, was “familiar with the contents thereof[,] and that such contents are in their entirety true and accurate.” See Attachment 1, Ex. 56 p. 6; Ex. 58 pp. 2, 5; Ex 61 p. 9; Ex. 64 p. 2. 18   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 19 of 33 initiative. And when individuals hired by his company lobbied federal and state officials, those individuals never disclosed that their activity was all being done under the “supervision and direction” of the Government of Turkey. Accordingly, the defendant’s false statements regarding his work for the Government of Turkey are relevant conduct for purposes of sentencing. iii. Based on the Current Record, the Defendant Has Failed to Accept Responsibility Based on statements made in recent defense filings, the defendant has not accepted responsibility for his criminal conduct, and therefore is not entitled to any such credit unless he clearly and credibly disavows those statements in a colloquy with the Court. The Guidelines provide for a two-level reduction “[i]f the defendant clearly demonstrates acceptance of responsibility for his offense.” U.S.S.G. § 3E1.1(a) (emphasis added). A “defendant who enters a guilty plea is not entitled to an adjustment . . . as a matter of right.” United States v. Saani, 650 F.3d 761, 767 (D.C. Cir. 2011) (quoting U.S.S.G. § 3E1.1 cmt. n.3). The defendant bears the burden of convincing the Court that he is entitled to a downward adjustment for acceptance of responsibility. See United States v. McLean, 951 F.2d 1300, 1302 (D.C. Cir. 1991). The plea agreement mirrors the Guidelines, conditioning credit for accepting responsibility on the defendant “clearly demonstrat[ing] acceptance of responsibility, to the satisfaction of the Government, through [the defendant’s] allocation, adherence to every provision of this Agreement, and conduct between entry of the plea and imposition of sentence.” Plea Agmt at 2 (emphasis added). The defendant has made no such demonstration, clear or otherwise.6 At the time of the defendant’s initial sentencing hearing on December 18, 2018, the government supported the defendant receiving credit for accepting responsibility because the                                                                 The PSR was prepared over one year ago, on November 20, 2018. On December 26, 2019, the government informed the Probation Office that due to the defendant’s recent conduct, 6 19   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 20 of 33 defendant appeared to have accepted responsibility for all of his criminal conduct. During the hearing, the Court engaged in a dialogue with the defendant concerning arguments in his sentencing memorandum that appeared to challenge the circumstances of the January 24 interview. See 12/18/2018 Hearing Tr. at 6-7. However, when questioned by the Court, the defendant declined to challenge the circumstances of that interview. Id. at 8. When pressed by the Court about whether he wanted to proceed with his guilty plea “[b]ecause you are guilty of this offense,” the defendant unequivocally responded, “Yes, Your Honor.” Id. at 16. And when the Court asked whether he was “continuing to accept responsibility for [his] false statements,” the defendant replied, “I am, Your Honor.” Id. at 10. The defendant’s recent conduct and statements dramatically differ from those representations to the Court, which he made under oath. Six months later, in June 2019, the defendant began retracting those admissions and denying responsibility for his criminal conduct. Far from accepting the consequences of his unlawful actions, he has sought to blame almost every other person and entity involved in his case, including his former counsel. Most blatantly, the defendant now professes his innocence. See, e.g., Reply in Support of His Motion to Compel Production of Brady Material and to Hold the Prosecutors in Contempt at 2, 6, United States v. Flynn, 17-cr-232 (D.D.C. Oct. 22, 2019) (Doc. 129-2) (“Reply”) (“When the Director of the FBI, and a group of his close associates, plot to set up an innocent man and create a crime . . . ;” alleging that text messages provided by the government “go to the core of Mr. Flynn’s . . . innocence”). With respect to his false statements to the FBI, he now asserts that he “was honest with the agents [on January 24, 2017] to the best                                                              it did not believe the defendant was entitled to a two-level reduction for accepting responsibility pursuant to U.S.S.G. § 3E1.1(a). As of the date of this filing, the government has not had the opportunity to meet with the Probation Office to explain its position. 20   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 21 of 33 of his recollection at the time.” Reply at 23. Such a claim is far from accepting responsibility for his actions. As the defendant admitted in his plea agreement and before this Court, during the January 24 interview the defendant knew he was lying to the FBI, just as he knew he was lying to the Vice President of the United States. The defendant has also chosen to reverse course and challenge the elements and circumstances of his false statements to the FBI. See, e.g., June 6, 2019 Sidney Powell Letter to the Attorney General (Doc. 122-2) (“Powell Letter to AG”). The defendant now claims that his false statements were not material, see Reply at 27-28, and that the FBI conducted an “ambushinterview” to trap him into making false statements, see Reply at 1. The Circuit Court recently stated in United States v. Leyva, 916 F.3d 14 (D.C. Cir. 2019), cert. denied, No. 19-5796, 2019 WL 5150737 (U.S. Oct. 15, 2019), that “[i]t is not error for a district court to ‘require an acceptance of responsibility that extended beyond the narrow elements of the offense’ to ‘all of the circumstances’ surrounding the defendant’s offense.” Id. at 28 (citing United States v. Taylor, 937 F.2d 676, 680-81 (D.C. Cir. 1991)). A defendant cannot “accept responsibility for his conduct and simultaneously contest the sufficiency of the evidence that he engaged in that conduct.” Id. at 29. Any notion of the defendant “clearly” accepted responsibility is further undermined by the defendant’s efforts over the last four months to have the Court dismiss the case. See Reply at 32.7                                                              7    Even where defendants have asserted a defense of entrapment, it is permissible for a court to bar a defendant from receiving an acceptance of responsibility reduction. See United States v. Layeni, 90 F.3d 514, 524 (D.C. Cir. 1996) (no error where court used entrapment arguments to find a defendant had not accepted responsibility); United States v. Hoenscheidt, 7 F.3d 1528, 1532 (10th Cir. 1993) (no error where sentencing court acknowledged entrapment defense does not necessarily bar Section 3E1.1 reduction and “used his entrapment arguments to find [he] had not accepted responsibility”).   21   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 22 of 33 iv. The Defendant Has Not Substantially Assisted the Government At the time of his initial sentencing on December 18, 2018, the government represented to the Court that the defendant had provided substantial assistance. As described in the Addendum to its original sentencing memorandum, at that time the government represented that the defendant had assisted in three investigations, but only deemed his assistance in the Rafiekian case as “substantial.” See Addendum at 2. In reference to the Rafiekian case, the government informed the Court that “the defendant’s cooperation and assistance have been critical to [the government’s] investigation;” that the defendant had interviewed multiple times with the prosecutors, “testified before the Grand Jury in EDVA, and provided materials that substantially aided its investigation;” and that the defendant’s assistance had “cemented” the prosecutors’ decision to charge Rafiekian and Alptekin. Id. at 2-3. In reference to the SCO’s investigation, the government stated that the defendant had assisted the SCO’s investigation on “a range of issues,” through the course of 19 interviews, and it provided three examples of such assistance. Id. at 3-5. The government also highlighted the timeliness of the defendant’s assistance, stating: “The usefulness of the defendant’s assistance is connected to its timeliness. The defendant began providing information to the government not long after the government first sought his cooperation. His early cooperation was particularly valuable because he was one of the few people with long-term and firsthand insight regarding events and issues under investigation by the SCO. Additionally, the defendant’s decision to plead guilty and cooperate likely affected the decisions of related firsthand witnesses to be forthcoming with the SCO and cooperate.” Id. at 5. Although the government noted that “some of th[e] benefit” of the defendant’s assistance “may not be fully realized at th[at] time,” it proceeded to sentencing because it believed the defendant’s anticipated testimony in the Rafiekian case had been secured through his grand jury 22   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 23 of 33 testimony and the Statement of Offense.8 The Court, however, expressed that “courts are reluctant to proceed to sentencing unless and until cooperation has been completed . . . [b]ecause the Court wants to be in a position to fully evaluate someone’s efforts to assist the government.” 12/18/2018 Hearing Tr. at 26. The Court’s concern that the parties had prematurely proceeded to sentencing was prescient. The defendant retained new counsel in June 2019. Less than three weeks before the Rafiekian trial, as prosecutors were in the process of preparing for the defendant’s testimony, his new counsel proffered a new version of events surrounding the FARA filings. That version of events was, in the view of the Rafiekian prosecutors, among other things, contradicted by the defendant’s sworn grand jury testimony, statements he had made to the FBI in several interviews, and the testimony of other expected trial witnesses. In light of that view, the Rafiekian prosecutors made a rational, strategic decision not to call the defendant as a witness, and promptly disclosed the proffered new version of events to Rafiekian’s counsel.9 The most serious charge against Bijan Rafiekian was acting as an agent of a foreign government without notifying the Attorney General, in violation of 18 U.S.C. § 951. The contested issue at trial with respect to that charge was whether Rafiekian knew that the Government of Turkey was exercising direction and control over the Turkey project. The defendant’s anticipated testimony at trial would have provided the best and most direct evidence                                                                 While the defendant provided information that was “useful” to the SCO investigation, Addendum at 4, his assistance in that investigation was never “substantial.” 8      Rafiekian’s counsel characterized the “new Flynn version of events” as “an unbelievable explanation, intended to make Flynn look less culpable than his signed December 1, 2017 Statement of Offense and consistent with his position at his sentencing hearing. In short, Flynn wants to benefit off his plea agreement without actually being guilty of anything.” See Defendant’s Memorandum Regarding Correction at 5, United States v. Bijan Rafiekian, No. 18cr-457 (E.D. Va. July 5, 2019) (Doc. 262). 9   23   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 24 of 33 of that allegation, to include that his knowledge of the Government of Turkey’s role came from what Rafiekian told him. See Grand Jury Tr. at 5, 6, 12-13.10 Once the Rafikeian prosecutors made the rational, strategic determination not to call the defendant as a witness, the government moved to designate the defendant as a coconspirator in order to admit an exhibit as a statement of a coconspirator pursuant to FED. R. EVIDENCE 801(d)(2)(E). See Notice of Correction to the Record at 2, United States v. Bijan Rafiekian, No. 18-cr-457 (E.D. Va. July 3, 2019) (Doc. 261); see also Hearing Transcript at 23-25, United States v. Bijan Rafiekian, No. 18-cr-457 (E.D. Va. July 12, 2019) (Doc. 309). This designation would have permitted the introduction at the Rafiekian trial of a single email, Exhibit 40, discussed supra at 11, authored by the defendant, which would have provided some evidence of the direction and control exercised over the project by the Government of Turkey.11 Remarkably, the defendant, through his counsel, then affirmatively intervened in the Rafiekian case and filed a memorandum opposing the government’s theory of admissibility on the grounds that the defendant was not charged or alleged as a coconspirator. See Flynn Memorandum Opposing Designation, United States v. Bijan Rafiekian, No. 18-cr-457 (E.D. Va July 8, 2019) (Doc. 270). This action was wholly inconsistent with the defendant assisting (let alone                                                              10   The import of such testimony is evidenced by the district judge’s decision to overturn the guilty verdict in the case, which was based in part on his finding that there was “no substantial evidence that Rafiekian agreed to operate subject to the direction or control of the Turkish government.” United States v. Rafiekian, No. 18-cr-457, 2019 WL 4647254, at *12 (E.D. Va. Sept. 24, 2019). The district judge’s decision to overturn the verdict is currently on appeal to the Fourth Circuit. United States v. Rafekian, No. 19-4803 (4th Cir. Oct. 31, 2019).    11 Because the Court found that there was insufficient evidence that Rafiekian was, himself, a member of a conspiracy, this document was entered into evidence only to show that it had been received by Rafiekian, not for its truth. 24   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 25 of 33 substantially assisting) or cooperating with the government in that case.12 Accordingly, while the defendant initially helped the prosecutors in EDVA bring the Rafiekian case, he ultimately hindered their prosecution of it. The Guidelines provide for a downward departure, upon “motion of the government,” if the “defendant has provided substantial assistance in the investigation or prosecution of another person who has committed an offense.” U.S.S.G. § 5K1.1. As the Guidelines make clear, the discretion to seek such a departure rests with the government. The plea agreement is explicit on that point, stating that the “[g]overnment determines” whether the defendant “has provided such substantial assistance” to merit a departure, and that such a determination “is within the sole discretion of the Government and not reviewable by the Court.” Plea Agmt at 9 (emphasis                                                              12   Any claim by the defendant that the Rafiekian prosecution was aided by his agreement to waive the attorney-client privilege and the attorney work-product doctrine regarding his attorneys’ preparation and filing of the FARA documents would be unfounded. The defendant explicitly did not waive any privileges or protections with respect to the preparation and filing of the FARA documents. No waiver occurred because the government (and the defendant’s attorneys) did not believe a waiver for such information was necessary—information provided to a lawyer for the purposes of a public filing is not privileged. The district judge in Rafiekian agreed with that conclusion, and permitted the defendant’s attorneys to testify about what the defendant and Rafiekian told them because those statements were not privileged or protected as opinion work product. See United States v. Rafiekian, No. 18-cr-457, 2019 WL 3021769, at *2, 17-19 (E.D. Va. July 9, 2019). 25   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 26 of 33 added).13 Here, in the sole exercise of its discretion, the government withdraws its prior motion for a downward departure pursuant to Section 5K1.1.14 B. Analysis of Factors Enunciated in 18 U.S.C. § 3553(a) The factors enunciated in Section 3553(a) all favor the imposition of a sentence within the Guidelines range. The defendant’s offense is serious, his characteristics and history present aggravating circumstances, and a sentence reflecting those factors is necessary to deter future criminal conduct. Similarly situated defendants have received terms of imprisonment. i. Nature and Circumstances of the Offense Public office is a public trust. The defendant made multiple, material and false statements and omissions, to several DOJ entities, while serving as the President’s National Security Advisor and a senior member of the Presidential Transition Team. As the government represented to the Court at the initial sentencing hearing, the defendant’s offense was serious. See Gov’t Sent’g Mem. at 2; 12/18/2018 Hearing Tr. at 32 (the Court explaining that “[t]his crime is very serious”). The integrity of our criminal justice depends on witnesses telling the truth. That is precisely why providing false statements to the government is a crime. As the Supreme Court has noted:                                                              13 The government does not believe it is prudent or necessary to relitigate before this Court every factual dispute between the defendant and the Rafiekian prosecutors. The above explanation of the decision not to call the defendant as a witness in the Rafiekian trial is provided as background for the Court to understand the basis for the government’s decision to exercise its discretion to determine that the defendant has not provided substantial assistance to the government. The government is not asking this Court to make factual determinations concerning the defendant’s interactions with the Rafiekian prosecutors, other than the undisputed fact that the defendant affirmatively litigated against the admission of evidence by the government in that case. 14 The government notes its decision to withdraw its motion for substantial assistance has no impact on the applicable Guidelines range, which will remain 0 to 6 months of incarceration. 26   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 27 of 33 In this constitutional process of securing a witness’ testimony, perjury simply has no place whatsoever. Perjured testimony is an obvious and flagrant affront to the basic concepts of judicial proceedings. Effective restraints against this type of egregious offense are therefore imperative. The power of subpoena, broad as it is, and the power of contempt for refusing to answer, drastic as that is -- and even the solemnity of the oath -- cannot insure truthful answers. Hence, Congress has made the giving of false answers a criminal act punishable by severe penalties; in no other way can criminal conduct be flushed into the open where the law can deal with it. United States v. Mandujano, 425 U.S. 564, 576 (1975); see also Nix v. Whiteside, 457 U.S. 157, 185 (1986) (“[t]his Court long ago noted: ‘All perjured relevant testimony is at war with justice, since it may produce a judgment not resting on truth.’”) (quoting In re Michael, 326 U.S. 224, 227 (1945)). All persons carry that solemn obligation to tell the truth, especially to the FBI. The defendant’s repeated failure to fulfill his obligation to tell the truth merits a sentence within the applicable Guidelines range. As the Court has already found, his false statements to the FBI were material, regardless of the FBI’s knowledge of the substance of any of his conversations with the Russian Ambassador. See Mem. Opinion at 51-52. The topic of sanctions went to the heart of the FBI’s counterintelligence investigation. Any effort to undermine those sanctions could have been evidence of links or coordination between the Trump Campaign and Russia. For similar reasons, the defendant’s false statements in his FARA filings were serious. His false statements and omissions deprived the public and the Trump Administration of the opportunity to learn about the Government of Turkey’s covert efforts to influence policy and opinion, including its efforts to remove a person legally residing in the United States. The defendant’s conduct was more than just a series of lies; it was an abuse of trust. During the defendant’s pattern of criminal conduct, he was the National Security Advisor to the President of the United States, the former Director of the Defense Intelligence Agency, and a retired U.S. Army Lieutenant General. He held a security clearance with access to the 27   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 28 of 33 government’s most sensitive information. The only reason the Russian Ambassador contacted the defendant about the sanctions is because the defendant was the incoming National Security Advisor, and thus would soon wield influence and control over the United States’ foreign policy. That is the same reason the defendant’s fledgling company was paid over $500,000 to work on issues for Turkey. The defendant monetized his power and influence over our government, and lied to mask it. When the FBI and DOJ needed information that only the defendant could provide, because of that power and influence, he denied them that information. And so an official tasked with protecting our national security, instead compromised it. ii. History and Characteristics of the Offender The defendant’s extensive military record, as described in his prior sentencing submission, presents a clear factor in mitigation. See Def. Sent’g Mem. at 7-12. However, that extensive record and government service, at the highest levels of the national security apparatus, and his “many years” of working with the FBI, should have made him particularly aware of the harm caused by providing false statements to the government. See id. at 13. That work also exposed him to the threat posed by foreign governments, in particular Russia, seeking to covertly influence our government and democracy. iii. The Need for Adequate Deterrence and to Promote Respect for the Law The sentence should adequately deter the defendant from violating the law, and to promote respect for the law. It is clear that the defendant has not learned his lesson. He has behaved as though the law does not apply to him, and as if there are no consequences for his actions. That has been reinforced by his failure to accept responsibility and by his affirmative litigation against the admission of evidence proffered by the government in the Rafiekian case. The sentence should also to deter others from lying to the government. The FBI protects our homeland from terrorism, espionage, cyber-based attacks, and all other manner of threats. 28   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 29 of 33 Lying to the FBI, in any context, cannot be tolerated. That is particularly true in a counterintelligence investigation targeting efforts by a foreign government to interfere in our democratic process—a threat that continues to this day. Our criminal justice system depends on the solemn obligation of witnesses to tell the truth, regardless of their motives to do otherwise. Minimizing the seriousness of the defendant’s actions would tempt future witnesses to flout that obligation. Similarly, FARA is at the focal point of the government’s efforts to combat covert foreign influence. That is particularly the case for senior government officials, who should be held to a higher standard when it comes to being honest and transparent, especially when those officials hold positions of trust and power. iv. Avoiding Unwarranted Sentencing Disparities It goes without saying that this case is unique. See 12/18/2018 Hearing Tr. at 43 (Court noting that “[t]his case is in a category by itself”). Few courts have sentenced a high-ranking government official and former military general for making false statements. And the government is not aware of any case where such a high-ranking official failed to accept responsibility for his conduct, continued to lie to the government, and took steps to impair a criminal prosecution. Accordingly, while Section 3553(a)(6) requires the court to consider “the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct,” there are no similarly situated defendants. Although other persons investigated by the SCO pleaded guilty to lying to the FBI and were sentenced to varying terms of incarceration, those individuals and their conduct are easily distinguishable. See id. at 42-43 (“The Court’s of the opinion that those two cases aren’t really analogous to this case. I mean, neither one of those individuals was a high-ranking government official who committed a crime while on the premises of and in the West Wing of the White House.”). Alex van der Zwaan lied to the SCO, pled guilty to violating 18 U.S.C. § 1001, and 29   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 30 of 33 was sentenced to 30 days incarceration and a fine of $20,000. See United States v. van der Zwaan, No. 18-cr-31 (ABJ). George Papadopoulos likewise lied to the SCO, pled guilty to violating 18 U.S.C. § 1001, and was sentenced to serve 14 days incarceration, to perform 200 hours of community service, and pay a fine of $9,500. See United States v. Papadopoulos, No. 17-cr-182 (RDM). Neither defendant was a high-ranking government official, held a position of trust vis-à-vis the United States, held a security clearance, had a special understanding of the impact of providing misleading information to investigators, or denied responsibility for his unlawful conduct. The most recent sentencing pertaining to an individual charged by the SCO is also distinguishable. Last month, Richard W. Gates III was sentenced to 45 days of intermittent confinement during a 36-month probationary period for lying to the SCO and conspiring to commit multiple offenses, including tax fraud and violating FARA. See United States v. Richard W. Gates III, 17-CR-201-2 (ABJ). As Judge Amy Berman Jackson noted at the sentencing hearing, Gates’ assistance was “extraordinary,” including more than 50 interviews and truthful testimony in three different federal trials (Paul Manafort, Gregory Craig, and Roger Stone). See Sentencing Hearing Transcript at 30, 35, United States v. Richard W. Gates III, 17-CR-201-2 (D.D.C. Dec. 17, 2019). Moreover, Gates accepted responsibility for all of his unlawful conduct, including uncharged conduct. See id. at 26, 30-31 (“it is telling and it is particularly positive that this defendant has accepted responsibility”). The Court granted the government’s motion for a significant downward departure pursuant to Section 5K1.1 for providing substantial assistance, gave Gates credit for accepting responsibility, and still sentenced him to 45 days of confinement. See id. at 8, 38. Just over one year ago, James A. Wolfe, who had served as the Director of Security for the Senate Select Committee on Intelligence for 30 years, was sentenced to two months of 30   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 31 of 33 incarceration and a fine of $7,500 for lying to the FBI. See United States v. James A. Wolfe,17CR-170 (KBJ). At sentencing, Judge Ketanji Brown Jackson stressed that “[l]ying to the FBI is a serious crime, especially when it is committed by a government official who understands the importance of truthfulness in the context of a national security investigation.” See Sentencing Hearing Transcript at 60, United States v. James A. Wolfe, 17-CR-170 (D.D.C. Dec. 20, 2018). The court concluded that Wolfe’s position—which was far less significant than the defendant’s position as National Security Advisor—was an aggravating factor to consider at sentencing, and one that distinguished his case from those of Papadopoulos and van der Zwaan. Moreover, in that case, the defendant received credit for accepting responsibility. In the above cases, a term of imprisonment was imposed. The government acknowledges that the defendant’s history of military service, and his prior assistance to the government, though not substantial, may distinguish him from these other defendants. The government asks the Court to consider all of these factors, and to impose an appropriate sentence within the Guidelines range. 31   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 32 of 33 CONCLUSION For the foregoing reasons, the government submits that a sentence within the Guidelines range is appropriate and warranted. Respectfully submitted, JESSIE K. LIU United States Attorney D.C. Bar No. 472845 By: /s/ Brandon L. Van Grack Special Assistant U.S. Attorney 950 Pennsylvania Ave., NW Washington, DC 20530 (202) 233-0968 Jocelyn Ballantine Assistant United States Attorney 555 4th Street, NW Washington, D.C. 20530 (202) 252-7252 Dated: January 7, 2020 32   Case 1:17-cr-00232-EGS Document 150 Filed 01/07/20 Page 33 of 33 CERTIFICATE OF SERVICE I, Jocelyn Ballantine, certify that I caused to be served a copy of the foregoing by electronic means on counsel of record for the defendant on January 7, 2020. /s/ Jocelyn Ballantine Assistant United States Attorney 555 4th Street, NW Washington, D.C. 20530 (202) 252-7252 Attorney for the United States of America 33   Case Document 150-1 Filed 01/07/20 Page 1 of 72 Attachment 1 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 2 of 72 Horsford, Latoya (USAVAE) From: Sent: To: Subject: Bijan Kian <[email protected]> Wednesday, July 27, 2016 1:40 PM Ekim Alptekin Re: All good to go I had a detailed discussion with my MF last night. We are ready to engage on what needs to be done. Turkey's security and stability is extremely important to world security. RTE can lead the campaign against Radical Islam to protect the image of Islam. No other leader in the world of Islam has the power to lead this campaign. I just wanted to let you know that we are all on the same page. Please let me know if you would like to talk on Skype. I will make time and it will be my pleasure. Looking forward to working together again. At the right time, I will include our partners in the communications. Perhaps we can connect on Friday to update. All the best Hon. Bijan R. Kian Vice Chairman of the Board of Directors Flynn Intel Group, Inc. 703-313-7040 (office) 858-449-8997 (mobile) [email protected] Notice of Confidentiality The information contained in this communication is intended solely for the use of the individual or entity to whom it is addressed and others authorized to receive it. It may contain confidential or legally privileged information. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or taking any action in reliance on the contents of this information is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by responding to this email and then delete it from your system. On Wed, Jul 27, 2016 at 11:41 AM, Ekim Alptekin <[email protected]> wrote: Hi Bijan - Thats good news. Im seeing the MFA in Ankara tomorrow to confer before their imminent US visit. Anything new we need to discuss tonight before my meeting? If not I will report back tomorrow night. Best, Ekim Sent from Virtru for iPhone On 27 Tem 2016 18:19, Bijan Kian <[email protected]> wrote: Dear Ekim: We are ready. I look forward to speaking with you. All the best 1 GOVERNMENT EXHIBIT 8B 1:18-CR-457 Case Document 150-1 Filed 01/07/20 Page 3 of 72 Bijan Sent from my iPhone Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 4 of 72 From: To: Cc: Subject: Date: Bijan Kian Ekim Alptekin Michael Flynn Re: Truth Monday, August 08, 2016 2:44:05 PM Thank you Ekim for your kind update. This is an important engagement and we will give it priority on our side.  Looking forward to seeing you soon, Bijan Hon. Bijan R. Kian Vice Chairman of the Board of Directors Flynn Intel Group, Inc.  703-313-7040 (office) 858-449-8997 (mobile) [email protected] Notice of Confidentiality The information contained in this communication is intended solely for the use of the individual or entity to whom it is addressed and others authorized to receive it. It may contain confidential or legally privileged information. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or taking any action in reliance on the contents of this information is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by responding to this email and then delete it from your system. On Mon, Aug 8, 2016 at 12:36 PM, Ekim Alptekin <[email protected]> wrote: Dear Bijan, General Flynn, I had a long meeting with the Minister of Economy upon the referral of MFA Cavusoglu. I explained what we can offer. He agreed to discuss in general lines at the council of ministers today and subsequently with PM Yildirim in more detail.  I will get back to you shortly.  Best regards, Ekim  Sent from Virtru for iPhone On 4 Ağu 2016 18:22, Bijan Kian <[email protected]> wrote: Thank you Ekim.  GOVERNMENT EXHIBIT 14A 1:18-CR-457 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 5 of 72 I echo General Flynn's sentiment on the significance of unlocking the facts. It is sometimes natural for complex situations to turn into a Rorschach test of a giant ink blot. Precision investigative work takes off the masks layer by layer until the real picture can emerge from the masked ink blot. Time plays a key factor in such precision work. The longer the time distance between an event and active start of a Special Investigation, the lesser the effect of revealing the "truth". The main event becomes "old news" and the findings less relevant.  Let me give you a real life experience: 1978: A soft spoken  cleric sitting under an apple tree in Neauphle-le-Chateau in France looked so harmless. Spoke of equality and spirituality, declared that if he were to gain power, he will go to a religious shrine and will not get into politics and governance.  Sounds familiar?  Well, the world neglected to take the layers off the ink blot in 1978. One year later,  from the place under the apple tree, The soft spoken spiritual man led the Islamic Revolution in Iran and turned the clock back 1400 years. An ancient country and culture was turned into a Pariah State that Iran is today.   37 years later, "truth" is being revealed page by page, story by story of "what" and "who" helped out the monster dressed as the soft spoken spiritual man. No matter how piercing the facts, too much time has passed. The world has changed. In this information age, we don't need to wait 37 years. 37 minutes can change the world.  The world needs a strong leader with credibility in the Islamic faith to shape a new understanding of the religion and its place in the hearts of the Muslims. The weapon of choice in the Age of Information is the "word" and not the "sword".  General Flynn and I will return with more thoughts shortly. Looking forward to working together on this important engagement. We are arranging key pieces needed for operationalizing our plan.  All the best, Bijan   Hon. Bijan R. Kian Vice Chairman of the Board of Directors Flynn Intel Group, Inc.  703-313-7040 (office) 858-449-8997 (mobile) [email protected] Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 6 of 72 Notice of Confidentiality The information contained in this communication is intended solely for the use of the individual or entity to whom it is addressed and others authorized to receive it. It may contain confidential or legally privileged information. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or taking any action in reliance on the contents of this information is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by responding to this email and then delete it from your system. On Thu, Aug 4, 2016 at 5:11 AM, Ekim Alptekin <[email protected]> wrote: Dear Bijan, General Flynn, First off, I look forward to meeting in person and thrilled at the prospect of working together.  Thank you for the eloquent outline. I met with the MFA and explained our proposed approach. He is receptive and indicated he would like to meet with us during his upcoming visit to DC.  As soon as the visit dates are scheduled and confirmed, I will inform you and we can strategize how best to approach the meeting.  PS1: Sec. Kerry appears to be visiting TR on August 21. Do we know anyone in his team? PS2: This article shows the depth of the crisis we are facing: http://nyti.ms/2avkkES Warm regards, Ekim Alptekin Sent from Virtru for iPhone On 30 Tem 2016 20:32, Bijan Kian <[email protected]> wrote: Ekim: It was my pleasure continuing our conversation today. General Flynn and I have discussed broad contours of the "truth" campaign.  In brief, we need: PHASE ZERO: DEFINE THE ARENA and THE CHALLENGE Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 7 of 72 To secure your active participation in the project. Define the opposing force.  Develop an accurate, objective and reliable account of "Where we are now". (undesired state) A clear path to "where we would like to be" (desired state) Define dependencies, uncertainties, expected and unexpected consequences. Define options from "narrow" and "extremely tactical" to "broad" and "strategic"  with a clear cost/benefit matrix. (Net Assessment)  Apply the "Expected Value Analysis" model to options. Define "possibilities" as distinct from "probabilities" of success and failure.  Measure second and third order effects on both "possibilities" and "probabilities".  Executing these key 9 steps are essential in defining the arena and measuring the challenge. In the field of opposing forces, the adversary has already set the "intensity and complexity standard". A side by side comparison of the logistics/tools in the arena shows clearly that the adversary has made seriously more superior choices in battle preparations.  We need to discuss a PHASE ZERO execution now at a managed cost and time frame. PHASE ZERO can move to a more expanded design and implementation of selected path forward based on phase Zero within the next 90 days (August, September, October 2016). Please give us your thoughts.  At this time, this conversation shall remain limited to you, General Flynn and myself. Needless to say, these are extremely critical times and our key motivation is to make sure that we do what we can to secure a better future for our grandchildren.      I look forward to resuming our conversation tomorrow. All the best to you and your family,  Bijan Hon. Bijan R. Kian Vice Chairman of the Board of Directors Flynn Intel Group, Inc.  703-313-7040 (office) 858-449-8997 (mobile) [email protected] Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 8 of 72 Notice of Confidentiality The information contained in this communication is intended solely for the use of the individual or entity to whom it is addressed and others authorized to receive it. It may contain confidential or legally privileged information. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or taking any action in reliance on the contents of this information is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by responding to this email and then delete it from your system. 1 of 6 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 9 of 72 Subject: Re: Truth From: Ekim Alptekin <[email protected]> Date: 8/10/2016, 2:55 PM To: Bijan Kian <kian@flynnintelgroup.com> CC: Michael Flynn <flynn@flynnintelgroup.com> Gentlemen - I just finished in Ankara a er several mee ngs today with Min of Economy Zeybekci and MFA Cavusoglu. I have a green light to discuss confiden ality, budget and the scope of the contract. I am flying to LA tomorrow at the request of MFA with ETA 13:35. Can we talk some me early evening EDT tomorrow? Best regards, Ekim Alptekin Sent from Virtru for iPhone On 8 Ağu 2016 21:44, Bijan Kian <kian@flynnintelgroup.com> wrote: Thank you Ekim for your kind update. This is an important engagement and we will give it priority on our side. Looking forward to seeing you soon, Bijan Hon. Bijan R. Kian Vice Chairman of the Board of Directors Flynn Intel Group, Inc. 703-313-7040 (office) 858-449-8997 (mobile) kian@flynnintelgroup.com GOVERNMENT EXHIBIT 16 1:18-CR-457 No ce of Confiden ality The informa on contained in this communica on is intended solely for the use of the individual or en ty to whom it is addressed and others authorized to receive it. It may contain confiden al or legally privileged informa on. If you are not the intended recipient you are hereby no fied that any disclosure, copying, distribu on or taking any ac on in reliance on the contents of this informa on is strictly prohibited and may be unlawful. If you have received this communica on in error, please no fy us immediately by responding to this email and then delete it from your system. 7/9/2019, 2:02 PM 2 of 6 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 10 of 72 On Mon, Aug 8, 2016 at 12:36 PM, Ekim Alptekin <[email protected]> wrote: Dear Bijan, General Flynn, I had a long mee ng with the Minister of Economy upon the referral of MFA Cavusoglu. I explained what we can offer. He agreed to discuss in general lines at the council of ministers today and subsequently with PM Yildirim in more detail. I will get back to you shortly. Best regards, Ekim Sent from Virtru for iPhone On 4 Ağu 2016 18:22, Bijan Kian <kian@flynnintelgroup.com> wrote: Thank you Ekim. I echo General Flynn's sen ment on the significance of unlocking the facts. It is some mes natural for complex situa ons to turn into a Rorschach test of a giant ink blot. Precision inves ga ve work takes off the masks layer by layer un l the real picture can emerge from the masked ink blot. Time plays a key factor in such precision work. The longer the me distance between an event and ac ve start of a Special Inves ga on, the lesser the effect of revealing the "truth". The main event becomes "old news" and the findings less relevant. Let me give you a real life experience: 1978: A so spoken cleric si ng under an apple tree in Neauphle-le-Chateau in France looked so harmless. Spoke of equality and spirituality, declared that if he were to gain power, he will go to a religious shrine and will not get into poli cs and governance. Sounds familiar? Well, the world neglected to take the layers off the ink blot in 1978. One year later, from the place under the apple tree, The so spoken spiritual man led the Islamic Revolu on in Iran and turned the clock back 1400 years. An ancient country and culture was turned into a Pariah State that Iran is today. 37 years later, "truth" is being revealed page by page, story by story of 7/9/2019, 2:02 PM 3 of 6 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 11 of 72 "what" and "who" helped out the monster dressed as the so spoken spiritual man. No ma er how piercing the facts, too much me has passed. The world has changed. In this informa on age, we don't need to wait 37 years. 37 minutes can change the world. The world needs a strong leader with credibility in the Islamic faith to shape a new understanding of the religion and its place in the hearts of the Muslims. The weapon of choice in the Age of Informa on is the "word" and not the "sword". General Flynn and I will return with more thoughts shortly. Looking forward to working together on this important engagement. We are arranging key pieces needed for opera onalizing our plan. All the best, Bijan Hon. Bijan R. Kian Vice Chairman of the Board of Directors Flynn Intel Group, Inc. 703-313-7040 (office) 858-449-8997 (mobile) kian@flynnintelgroup.com No ce of Confiden ality The informa on contained in this communica on is intended solely for the use of the individual or en ty to whom it is addressed and others authorized to receive it. It may contain confiden al or legally privileged informa on. If you are not the intended recipient you are hereby no fied that any disclosure, copying, distribu on or taking any ac on in reliance on the contents of this informa on is strictly prohibited and may be unlawful. If you have received this communica on in error, please no fy us immediately by responding to this email and then delete it from your system. On Thu, Aug 4, 2016 at 5:11 AM, Ekim Alptekin <[email protected]> wrote: Dear Bijan, General Flynn, First off, I look forward to mee ng in person and thrilled at the prospect of working together. 7/9/2019, 2:02 PM 4 of 6 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 12 of 72 Thank you for the eloquent outline. I met with the MFA and explained our proposed approach. He is recep ve and indicated he would like to meet with us during his upcoming visit to DC. As soon as the visit dates are scheduled and confirmed, I will inform you and we can strategize how best to approach the mee ng. PS1: Sec. Kerry appears to be visi ng TR on August 21. Do we know anyone in his team? PS2: This ar cle shows the depth of the crisis we are facing: h p://ny .ms /2avkkES Warm regards, Ekim Alptekin Sent from Virtru for iPhone On 30 Tem 2016 20:32, Bijan Kian <kian@flynnintelgroup.com> wrote: Ekim: It was my pleasure con nuing our conversa on today. General Flynn and I have discussed broad contours of the "truth" campaign. In brief, we need: PHASE ZERO: DEFINE THE ARENA and THE CHALLENGE To secure your ac ve par cipa on in the project. Define the opposing force. Develop an accurate, objec ve and reliable account of "Where we are now". (undesired state) A clear path to "where we would like to be" (desired state) Define dependencies, uncertain es, expected and unexpected consequences. Define op ons from "narrow" and "extremely tac cal" to "broad" and "strategic" with a clear cost/benefit matrix. (Net Assessment) Apply the "Expected Value Analysis" model to op ons. 7/9/2019, 2:02 PM 5 of 6 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 13 of 72 Define "possibili es" as dis nct from "probabili es" of success and failure. Measure second and third order effects on both "possibili es" and "probabili es". Execu ng these key 9 steps are essen al in defining the arena and measuring the challenge. In the field of opposing forces, the adversary has already set the "intensity and complexity standard". A side by side comparison of the logis cs/tools in the arena shows clearly that the adversary has made seriously more superior choices in ba le prepara ons. We need to discuss a PHASE ZERO execu on now at a managed cost and me frame. PHASE ZERO can move to a more expanded design and implementa on of selected path forward based on phase Zero within the next 90 days (August, September, October 2016). Please give us your thoughts. At this me, this conversa on shall remain limited to you, General Flynn and myself. Needless to say, these are extremely cri cal mes and our key mo va on is to make sure that we do what we can to secure a be er future for our grandchildren. I look forward to resuming our conversa on tomorrow. All the best to you and your family, Bijan Hon. Bijan R. Kian Vice Chairman of the Board of Directors Flynn Intel Group, Inc. 703-313-7040 (office) 858-449-8997 (mobile) kian@flynnintelgroup.com No ce of Confiden ality The informa on contained in this communica on is intended solely for the use of the individual or en ty to whom it is addressed and others authorized to receive it. It may contain confiden al or legally privileged informa on. If you are not the 7/9/2019, 2:02 PM 6 of 6 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 14 of 72 intended recipient you are hereby no fied that any disclosure, copying, distribu on or taking any ac on in reliance on the contents of this informa on is strictly prohibited and may be unlawful. If you have received this communica on in error, please no fy us immediately by responding to this email and then delete it from your system. 7/9/2019, 2:02 PM Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 15 of 72 Background and Talking Points FOR FLYNN INTEL PRINCIPALS ONLY January 1978 In 1978, a soft spoken, gray beard elderly Shia cleric sat under an apple tree in Neauphle-LeChateau near Paris. He claimed that he is a man of God, set out to topple a dictator. He said he has no intention of taking over the government. He spoke of love and compassion. He said his goal is to go to the mosque and pray. He said he will lead the people to topple a dictator. A perfect picture of peace and harmony aimed at liberating the oppressed. The elderly cleric’s name was Ayatollah Ruhollah Khomeini. Washington believed the Ayatollah. On January 23, 1979, New York Times reported that Ramsey Clark, former U.S.A. Attorney General visited this old cleric on January 22, in France. Mr. Clark returned to Washington with a message repeating the Ayatollah’s words. “This is a courageous man opposed to a dictator. He has the backing of the Iranians”. Washington’s policies were shaped based on such feedback. On January 7th, 1979, President Carter had dispatched U.S. Air Force General Robert E. Huyser to Tehran. General Huyser’s mission was to deliver a message to the Iranian Armed Forces leaders to stand down and accept “The will of the people”. Ayatollah Khomeini became the leader of the Islamic Revolution in Iran and the founder of the Islamic Republic which is today the top state sponsor of terrorism in the world. Mr. Clark and others supporting his position on the Ayatollah neglected to see the Ayatollah for who he really was. A terrible mistake that has raised the cost of international security for good and has given rise to an intensified growth in radical Islam. The Islamic Republic’s role in Iraq and Syria is what provided the main impetus behind the rise of ISIS. Iranian Quds Force partnered with Shia government in Iraq to massacre the Sunni population of Iraq. Disguised as a “Republic”, Iran is one of the most active promoters of Radical Islam and the top State sponsor of terror in the world. One of Iran’s key allies in the region is The Hezbollah. Syria provides the transport and logistical route to Hezbollah for Iran. Leaders in Iran have declared that “Bashar Assad” of Syria is their “Red Line”. Had Washington studied Ayatollah Khomeini closer before becoming an “echo chamber” of repeating his claims (as if they were facts), U.S. policies would have taken a different shape and direction and the world will be in an entirely different shape. September 18, 2016 A soft spoken, gray haired, elderly Muslim cleric lives in a secluded compound in Poconos, Pennsylvania. He claims to be a man of peace. He encourages devout Muslims to build schools and not mosques. He publicly promotes the ideas of tolerances and denounces violence. According to close observers, his followers jump if he orders them to jump. What his staff and followers do not deny is that his “movement” runs 130 or more publicly funded charter schools in 26 states all over the United States with at least 36 of such charter schools in Texas. The schools don’t teach Islamic studies. Their focus is on math and science. A perfect picture of Peace and harmony aimed at liberating the oppressed. The Elderly Cleric’s name is Fetullah Gulen. GOVERNMENT EXHIBIT 26B 1:18-CR-457 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 16 of 72 QUESTIONS Is Washington about to buy two copies of the same Newspaper? Is Washington acting as an “echo chamber” repeating the claims of Mr. Gulen about the peaceful intentions of the movement? Does a radicalized person need directions to commit an act of terror? Can they be simply “inspired” to take a terrorist action? 1. Is Mr. Gulen another Ayatollah Khomeini with a long term plan for Muslim domination? 2. What are the true intentions and long term goals of Mr. Gulen and his movement? Does he follow Hasan Al Banna’s edict or a version of it? “Islam is the basis of all legislation”. Hasan Al Banna. Founder of Muslim Brotherhood in 1928. Is this an obfuscated operation to lead to Sharia Law at the “right” time? 3. Do American Tax payers need to finance 130 charter schools where teachers are imported from Turkey? 4. Are American teachers so inadequately trained that these charter schools have to import math and science teachers from Turkey? 5. Does a teacher have to teach Islam in order to capture the hearts and minds of the American youth in these charter schools? Can a teacher just develop a mentor/mentee relationship with students? 6. Why do the schools ask for visas for “English” teachers from Turkey to teach American students? ( An interview with one of the teachers from Turkey reveals a thick, almost unintelligible English accent). 7. How does the Gulen movement obtain public funding for 130 charter schools in the U.S.? Is there any undue influence involved? Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 17 of 72 8. Do some or all of the teachers from Turkey pay a significant portion of their salaries back to the “Gulen Movement”? (40% in one case). What are the legal implications of such paybacks? On what basis does the Gulen Movement collect such paybacks from the teachers? 9. Does the Gulen Movement perform a different function other than educating American kids? What are the possibilities? What does Mr. Gulen mean when he refers to “Sleeping Soldiers”? (VIDEO) 10. Is there a possibility of immigration fraud committed by the charter schools? 11. Why is it that Mr. Gulen never visits any of the charter schools? Does he not wish to be associated with them? Why? 12.What is the relationship of Mr. Gulen’s supporters with elected officials in the United States? Non Profit entities? 13.Are there (or have there been) any illegal political contributions made to campaigns by Mr. Gulen or his supporters? 14.Are the movement supporters encouraged to donate to political campaigns? Any violations of the United States campaign contribution laws? 15.What are the characteristics of four stages of “Jihad”? Any signs of the early stages of Jihad in the “movement”? Is the movement in the first stage of Jihad? (Long preparation for the subsequent stages) 16. Is Mr. Fetullah Gulen the next Ayatollah Khomeini? 17.What are the direct and indirect contributions of the movement to instability around the world? 18.Does the movement capitalize on capturing the hearts and minds of the youth around the world in preparation for control? 19. What is the relationship of the movement with the 2016 U.S. elections? Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 18 of 72 20.Does the movement have (now or ever) an indirect or direct relations with any of the presidential candidates? • Who is the most qualified leader in the Muslim World to combat and defeat Radical Islam? • What are such qualifications? • Who has the power, credibility and the political will of their people behind them to win the fight against death and destruction of DAESH. NOTE: U.S. Chairman of the Joint Chiefs and General Akar, Chief of Staff of the Turkish Armed Forces have met and agreed to join forces in combatting ISIS. 1 of 1 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 19 of 72 Subject: Congressional Outreach From: "Michael Boston" <boston@flynnintelgroup.com> Date: 10/12/2016, 1:25 AM To: "'Graham Miller'" <graham@sphereconsul ng.com>, "'Bijan Kian'" <kian@flynnintelgroup.com> CC: "'BRIAN MCCAULEY'" < [email protected]>, <[email protected]> Graham: In reference to your question about congressional outreach and coordination, I am including Bijan in this thread, since he has already met with the National Security Advisor in Chairman McCaul’s office. He suggests we prepare a detailed brief and get scheduled with them in the next couple of weeks. CONGRESSIONAL OUTREACH - I think we have determined Chairman McCaul is our irst and primary contact. We have informally reached out to our contacts close with the of ice to make sure we have the best contact there. However, since other members of the team are approaching (or have already) the of ice, we want to make sure that outreach is coordinated. Do you know the nature of that contact to date? Brian and Emalee: Information you respectively want to submit will be included in the brief. Best, Mike GOVERNMENT EXHIBIT 30A 1:18-CR-457 7/9/2019, 2:32 PM Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 20 of 72 GOVERNMENT EXHIBIT 30B 1:18-CR-457 cw, . L. Luquub?lb? unions are a ripe ally In this project given their automatic resist?r??e be on the homeland security front, the education/teachers angle could be a valuable flank that appeals to Democratic policymakers, whereas Homeland Security might appeal more to Republicans. As such initiated contact today with: Gene Bruskin, formerly of the American Federation of Teachers and author of "The Story Behind the Gulen Charter Schools and Their Reclusive Founder? have requested aphouemeejiugjo compare notes and gauge his interest in participating in and assisting with the organization of an effort to coalesce issue experts in his field to persuade policy makers to take action. I will update you with developments on this front as I get them. 5) Gulenopoly I am attaching both 3 dr ft ?wirefr- me? version of the boar and a citation document that provides public record of the ?accusations" within the board. We welcome any and all feedback and will continue working to build out a more ?produced" version with graphics. etc. 6) Policymaker Fact Sheet Per this morning's emails, Sphere is producing a briefing document ahead of a policymaker meetings and will circulate a Attaching mm for reference. 7) High Ranking State Level Elected Official Sphere has engaged in conversation with a high ranking elected official in a state with multiple Guien Charter Schools. He is ?extremely interested" and we are briefing him soon, but wish to keep this outreach confidential at the moment per his wishes. l-lappy to discuss in more detail over the phone or in person. Gulenopoly Board.pdf.tdf (745.6 kb) Gulenopoly Citations.docx.tdf (2445 kb) Guien Brie?ng Sheet.docx.tdf (142.1 kb) Viriru respects your privacy. Learn more about. Virtru's priy?Ey benefits; v=sErf3VCeaHEl lmkE?eUl Pin-1e of Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 22 of 72 Team, Overall a Very good call. I may be meeting with him early next week during an American Turkish conference in WDC. We discussed the long term effort, as well as the tax issue that Mike B and I discussed this morning. I walked him through the social media analysis which he found very interesting and worth talking to the [Turkish Minister #1] about as well as all other talking points (thank you for pulling those together). Regarding RA. .. he felt a phone call between Us would work best. We can discuss who is best to do that call, between Brian and Mike but this is something we should do. I mentioned that if a parallel effort I'm okay. We don't want to trip over each other however. I also walked him through the monopoly and its status as well as the videos. He was happy to hear where those efforts are at. Next strategic step: We need to put together an initial formal assessment/ report w attachments and initial videos (if they're ready) nlt next weekend. Let me know if this is doable. Seems to me we have all the info to put together a solid assessment with facts, assumptions, our analysis, data backing up what we've learned and initial conclusions and recommendations. Among the recommendations is to take this effort to a long term relationship. We discussed the business side of what we're doing and I told him we have many irons in the fire and at some point very soon I need a commitment beyond the initial 90 days. He agreed. Bottom line, a good call and we are on the right track. Mike GOVERNMENT EXHIBIT 40 1:18-CR-457 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 23 of 72 From: Sent: To: Subject: Attach: Bijan Kian <kian@flynnintelgroup .com> Wednesday, · ovember 2, 2016 10:36 PM Ekim Alptekin <[email protected]>· Bob Kelley <kelley@flynnintelgroup .com> Getting Turkey Wrong GETTING TURKEY WRO G.docx Ekim : A promise made is a promise kept. Please see attached 1000 word article. I appreciate it if you take a look and give me your thoughts at your earliest convenience. I am not certain how much of the text will survive review and edits but as you can see, the humble author is not shy. I am copying Bob as we move forward with executing the plan . All the best, Bijan Hon. Bijan R. Kian Vice Cha;,man of the Board of Directors Flynn In/el Group, Inc. 703-313-7040 (office) 858-449-8997 (mobile) [email protected] HYNN !NT~L GRGUJ' INC . otice of Confidentiality The information contained in this communication is intended solely for the use of the individual or entity to whom it is addressed and others authorized to receive it. It may contain confidential or legally privileged information. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or taking any action in reliance on the contents of this information is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by responding to this email and then delete it from your system . GETTING TURKEY WRONG.docx .tdf (138 .5 kb) GOVERNMENT EXHIBIT 45A 1:18-CR-457 CONFIDENTIAL FIG- EDVA- 00005472 US_v_Kian_00001325 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 24 of 72 GETTING TURKEY WRONG United States needs to understand Turkey's unique position not just as an important NATO ally but also as a key player in maintaining balance of power in a region enflamed in conflict. We will ignore this fact at our own peril. The U.S. needs to show Turkey that we understand the importance of keeping our alliance in the interest of regional and global security. Sadly, This administration is doing the opposite. President Obama's administration continues to give refuge to Fetulah Gulen, a shady cleric who President Clinton calls "his friend" in a well circulated video. Gulen has allegedly called the United States "the number one enemy". He has publicly boasted about his "soldiers" waiting for his order to do whatever he directs them to do. For those of us who have closely studied Seyed Qutb and Hasan Al Bana, the founder of Muslim Brotherhood, these words sound very familiar. Much similar to Gulen, Seyed Qutb was the author of 24 books on education and the arts. Much like Gulen, Qutb's inner circle consisted of influential politicians, intellectuals, poets and literary figures. Contrary to this well masked fa~ade, Qutb's writings GOVERNMENT EXHIBIT 45B CONFIDENTIAL 1:18-CR-457 FIG- EDVA- 00005473 US_v_Kian_00001326 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 25 of 72 provided the inspiration for violent terrorist groups like Al-Qaeda. To professionals in the Intelligence Community, the stamp of terror is all over Mullah Gulen's statements. Hasan Al Bana defined the first phase of pre-emptive Jihad as a long and quiet process that can take as long as a quarter of a century to prepare the forces for a decisive strike. Al Bana famously declared that the only acceptable form of legislation is Sharia Law. Gulen's vast, global network has all the right markings to fit the description of a dangerous sleeper terror network. From Turkey's point of view, Turkey's Usama Bin Washington Laden. is harboring Washington's silence speaks volumes when we hear the incredulous claim that the democratically elected president of Turkey staged a military coup, bombed his own parliament and killed the confidence in Turkey's strong economy just so that he could purge his political opponents. This ridiculous claim places the intelligence of its promoters in serious question. It is also a dark reminder of the vicious rumors spread by our enemies that 9/11 was an inside job by the American Intelligence apparatus as an excuse to invade Muslim lands to grab their oil! To add CONFIDENTIAL FIG- EDVA- 00005474 US_v_Kian_00001327 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 26 of 72 insults to injury, American tax payers are financing Fettulah Gulen's 160 charter schools in the United States. His charter schools have been granted more H1 B visas than Google. It is inconceivable to imagine that our visa officers have approved thousands of visas for English teachers whose English is incomprehensible. A CBS 60 Minutes program documented a conversation with one such imported English teacher from Turkey whose English was impossible to understand. Several law suits including some in Ohio and Texas point to irregularities in the operation of said schools. However, as money is no object for Gulen's network, hired legal guns and influential charitable organizations keep the lucrative source of income for Gulen and his network. Influential charities such as Cosmos Foundation continue their support for Gulen's charter schools. Incidentally, Cosmos Foundation is a major donor to Clinton Foundation. No wonder President Clinton calls Mullah Gulen "his friend". It is now no secret that Ms. Huma Abedin, Secretary Clinton's close aide and confidant worked for 12 years as the associate editor for a journal published by the London based Institute of Minority Muslim Affairs. The institute has promoted the CONFIDENTIAL FIG- EDVA- 00005475 US_v_Kian_00001328 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 27 of 72 thoughts of radical Muslim thinkers such as Seyed Qutb and Qaradawi. The American public is lulled into believing that this elder cleric is a Sufi scholar who promotes the teachings of Rumi, the Persian poet, works to expand interfaith dialogue and does a great job by providing American youth great education in math and science as well as English. Voices of concern about this shady Mullah are quickly muffled by his vast network of public relations and legal professionals. He has established a false fac;ade that he is a freedom fighter set to topple Turkey's autocratic leader. This image is a stark reminder of another era and a great American mistake that has raised the cost of international security forever. We all remember another quiet bearded elder cleric who sat under an apple tree in Neauphle-Le-Chateau in the suburbs of Paris in 1978. He claimed to be a man of God who wanted to topple a dictator and return the power to the people. Washington believed him. Sadly, shortly after his rise to power through the Iranian revolution, we watched in horror as our diplomats were taken hostage for 444 days as we betrayed one of our strongest allies in the Middle East. The world has never been the same CONFIDENTIAL FIG- EDVA- 00005476 US_v_Kian_00001329 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 28 of 72 since that irreversible mistake. Ayatollah Khomeini, the quiet man of God under the apple tree created the world's top sponsor of terror. His revolutionary guards created Hezbollah, the world's famous Lebanon based terror organization. Ayatollah's terrorists killed American servicemen, slaughtered Iraqi Sunnis by the thousands and his brutal Quds Force killed innocent Sunni civilians in Syria. Ultimately, ISIS became the radical Sunni's response to the mayhem caused by our friendly Mullah under the apple tree. History does not repeat itself without people repeating the mistakes of the past. It is time we take a fresh look at the importance of Turkey and place our priorities in proper perspective. It is unconscionable to militate against Turkey, our NATO ally as Washington is hoodwinked by this masked source of terror and instability nestled comfortably in our own backyard in Pennsylvania. We need to adjust our foreign policy to place Turkey as a priority. We need to see the world from Turkey's perspective. What would we do if right after 9/11 we heard the news that Usama Bin Laden lives in a nice villa at a Turkish resort while running 160 charter schools funded by the Turkish tax payers? Time to end our romanticized foreign policy CONFIDENTIAL FIG- EDVA- 00005477 US_v_Kian_00001330 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 29 of 72 directives written by fiction writers and echo chamber specialists by their own blatant confessions. 1002 Words. CONFIDENTIAL FIG- EDVA- 00005478 US_v_Kian_00001331 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 30 of 72 From : To: Bijan Kian <kian@flynninlelg roup.corn > Thursday, November 03, 2016 3:55 PM LTG R Mike Flynn Subject: Re: Tim Kaine congratulates Gulenists in a letter • Rag1p Soylu • Daily Sabah Sent: Thank you Mike. I asked Ilank Cox to review and edit my I 000 word draft to make sure it is tight before I send it out to you. The plan is to go out with the piece on Monday. When we get a chance to talk, I will explain. Please expect the piece in an hour or two. Had a good meeting with Sphere this morning. Sec you soon! Bijan Hon. Bija.n R. Kian Vice Chairman ofthe Board ofDirectors Flynn /11/lti Group, Inc. 703 -3 1] -7040 (office) 858-449-8997 (mobile) kia11@flxnnin!el!!J:Qup.,_c_om Notice o l'Conlidcnliality The infonnation contained in this communication is intended solely for tbe use of the individual or entity to whom ii is addressed and others authorized to receive it. II may contain confidential or legally privileged information. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or taking any action in reliance on the contents of this infonnation is strictly prohibited and may be w1lawfol. Tf you have received this communication in error, please notify u~ i11u11eJiately by respomlinp lo this emai l a11J then J elete it from your system. On Thu, ov 3, 2016 at 2:21 PM, LTG R Mike Flynn <[email protected]> wrnte: FYl. NEW YORK TIMES BESTSELLER "Tire Field of Fight, flow We Can Win tl,e Global War Against R,ulica/ Islam anti Its Allies" -Lt. General Michael T Flynn and Michael Ledeen -St. Martin' s Press ORDER TODAY!! lndividual Orders http_://pit_lyff.i~l9.9_fFjghtA111a~o11 GOVERNMENT EXHIBIT 47 1:18-CR-457 CONFIDENTIAL FIG_EDVA_00009834 US_v_Kian_00001338 Our ally Turkey is in crisis and needs our support TheHill Page 1 of 4 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 31 of 72 Our ally Turkey is in crisis and n our support BY LT. GEN. MICHAEL T. FLYNN (R), CONTRIBUTOR - 11/08/16 05:46 PM EST 2,348 SHARES SHARE TWE Just In... Sarah Sanders denies Trump walk-out was premeditated ADMINISTRATION — 4M 18S AGO Samantha Bee slams 2020 Democrats who go on Fox News CAMPAIGN — 4M 52S AGO Poll: Women move up the leader board in Democratic primary CAMPAIGN — 6M 36S AGO © Getty Images Indictment of Massachusetts judge invades state court independence OPINION — 6M 37S AGO Trump Jr. slams Republican committee chairman: 'Too weak to stand up to the Democrats' ADMINISTRATION — 14M 55S AGO Swalwell becomes second 2020 candidate to accept cryptocurrency donations after Yang TECHNOLOGY — 15M 29S AGO It is fair to say that most Americans don’t know exactly what to make of our ally Turkey these days, as it endures a prolonged political crisis that challenges its long-term stability. The U.S. media is doing a bang-up job of reporting the Erdoğan government’s crackdown on dissidents, but it’s not putting it into perspective. We must begin with understanding that Turkey is vital to U.S. interests. Turkey is really our strongest ally against the Islamic State in Iraq and Syria (ISIS), as well as a source of stability in the region. It provides badly needed cooperation with U.S. military operations. But the Obama administration is keeping Erdoğan’s government at arm’s length — an unwise policy that threatens our long-standing alliance. The primary bone of contention between the U.S. and Turkey is Fethullah Gülen, a shady Islamic mullah residing in Pennsylvania whom former President Clinton once called his “friend” in a well circulated video. George Conway contrasts Trump denying 'cover-ups' with check to Michael Cohen BLOG BRIEFING ROOM — 17M 35S AGO Buttigieg: Trump faked being disabled to get out of Vietnam CAMPAIGN — 21M 5S AGO GOVERNMENT EXHIBIT 50 1:18-CR-457 https://thehill.com/blogs/pundits-blog/foreign-policy/305021-our-ally-turkey-is-in-crisis-a... 5/23/2019 Our ally Turkey is in crisis and needs our support TheHill Page 2 of 4 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 32 of 72 VIEW ALL Related News by Drivers who switch to Progressive save an… Sponsored Progressive Gülen portrays himself as a moderate, but he is in fact a radical Islamist. He has publicly boasted about his “soldiers” waiting for his orders to do whatever he directs them to do. If he were in reality a moderate, he would not be in exile, nor would he excite the animus of Recep Tayyip Erdoğan and his government. Trump jokingly suggests serving as many as five… Coke bringing back 'New Coke' campaign in For those of us who have closely studied the careers of Seyed Qutb and Hasan al Bana, the founders and followers of the Muslim Brotherhood, Gülen’s words and activities are very familiar. Schwarzenegger won't press charges against… The late Seyed Qutb in particular was very much in the Gülen mold. The author of 24 books on education and the arts, he assembled an inner circle of intellectuals and influential politicians. But contrary to this well-masked façade, Qutb’s writings provided the inspiration for terrorist groups like Al-Qaeda. Qutb was hanged in 1966 in Egypt for instigating rebellion. Likewise, Hasan al Bana, an Egyptian who died in 1949, defined the first phase of pre-emptive jihad as a long and quiet process that can take as long as a quarter of a century, to prepare the forces for a decisive strike. Al Bana famously declared that the only acceptable form of law is Sharia. To professionals in the intelligence community, the stamp of terror is all over Mullah Gülen’s statements in the tradition of Qutb and al Bana. Gülen’s vast global network has all the right markings to fit the description of a dangerous sleeper terror network. From Turkey’s point of view, Washington is harboring Turkey’s Osama bin Laden. Washington’s silence on this explosive topic speaks volumes when we hear the incredulous claim that the democratically elected president of Turkey staged a military coup, bombed his own parliament and undermined the confidence in Turkey’s strong economy, just so that he could purge his political opponents. This baseless claim is a dark reminder of the vicious rumors spread by our enemies that 9/11 was an inside job by the American intelligence apparatus as an excuse to invade Muslim lands to grab their oil! https://thehill.com/blogs/pundits-blog/foreign-policy/305021-our-ally-turkey-is-in-crisis-a... 5/23/2019 Our ally Turkey is in crisis and needs our support TheHill Page 3 of 4 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 33 of 72 To add insult to injury, American taxpayers are helping finance Gülen’s 160 charter schools in the United States. These schools have been granted more H1-B visas than Google. It is inconceivable that our visa officers have approved thousands of visas for English teachers whose English is incomprehensible. A CBS “60 Minutes” program documented a conversation with one such imported English teacher from Turkey. Several lawsuits, including some in Ohio and Texas, point to irregularities in the operation of these schools. However, funding seems to be no problem for Gülen’s network. Hired attorneys work to keep the lucrative government source of income for Gülen and his network going. Influential charities such as Cosmos Foundation continue their support for Gulen’s charter schools. Incidentally, Cosmos Foundation is a major donor to Clinton Foundation. No wonder Bill Clinton calls Mullah Gülen “his friend.” It is now no secret that Huma Abedin, Hillary Clinton’s close aide and confidante, worked for 12 years as the associate editor for a journal published by the London-based Institute of Minority Muslim Affairs. This institute has promoted the thoughts of radical Muslim thinkers such as Qutb, al Bana and others. The American public is being lulled into believing that Gülen is a Sufi scholar who promotes the teachings of Rumi, the Persian poet, works to expand interfaith dialogue and does a great job of providing American youth high-quality education in math and science as well as English. Voices of concern about this shady character are quickly muffled by his vast network of public relations and legal professionals. He has established a false façade that he is a moderate at odds with Turkey’s autocratic leader. This image is a stark reminder of a great American mistake from another era — one that has raised the cost of international security forever. We all remember another quiet, bearded, elder cleric who sat under an apple tree in Neauphle-leChâteau in the suburbs of Paris in 1978. He claimed to be a man of God who wanted to topple a dictator and return the power to the people. Washington believed him. Sadly, shortly after his rise to power through the Iranian revolution, we watched in horror as our diplomats were taken hostage for 444 days in what was once one of our strongest allies in the Middle East. The world has never been the same since that irreversible mistake. Ayatollah Khomeini, the quiet man of God under the apple tree, created the world’s top sponsor of terror. His revolutionary guards created Hezbollah, the famous Lebanon-based terror organization. The Ayatollah’s terrorists have killed American servicemen and slaughtered Iraqi Sunnis by the thousands, and his brutal Quds Force killed innocent Sunni https://thehill.com/blogs/pundits-blog/foreign-policy/305021-our-ally-turkey-is-in-crisis-a... 5/23/2019 Our ally Turkey is in crisis and needs our support TheHill Page 4 of 4 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 34 of 72 civilians in Syria. Ultimately, ISIS became the radical Sunni’s response to the mayhem caused by our friendly mullah under the apple tree. Get the latest from The Hill Sign up for our daily email YOUR EMAIL Sign Up History repeats itself when people repeat the mistakes of the past. It is time we take a fresh look at the importance of Turkey and place our priorities in proper perspective. It is unconscionable to militate against Turkey, our NATO ally, as Washington is hoodwinked by this masked source of terror and instability nestled comfortably in our own backyard in Pennsylvania. We need to adjust our foreign policy to recognize Turkey as a priority. We need to see the world from Turkey’s perspective. What would we have done if right after 9/11 we heard the news that Osama bin Laden lives in a nice villa at a Turkish resort while running 160 charter schools funded by the Turkish taxpayers? The forces of radical Islam derive their ideology from radical clerics like Gülen, who is running a scam. We should not provide him safe haven. In this crisis, it is imperative that we remember who our real friends are. Lt. Gen. Michael T. Flynn (ret.) is the former director of Defense Intelligence Agency and the author of New York Times Bestseller “The Field of Fight.” The views expressed by contributors are their own and not the views of The Hill. TAGS HILLARY CLINTON BILL CLINTON SHARE TWEET THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 202-628-8500 TEL 202-628-8503 FAX THE CONTENTS OF THIS SITE ARE ©2019 CAPITOL HILL PUBLISHING CORP., A SUBSIDIARY OF NEWS COMMUNICATIONS, INC. https://thehill.com/blogs/pundits-blog/foreign-policy/305021-our-ally-turkey-is-in-crisis-a... 5/23/2019 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 35 of 72 Received by NSD/FARA [email protected]~~lil.Ji~92:45 PM U.S. D.epartment or Justiee Re·g1stration Stateme·nt Washingt0n. oc 20530 Pursuant to the Foreign Agents Registration Act of 1938, as amended I-REGISTRANT I. Naine.ofRegist~ant Flynn Intel Group, ln·c. 2. Registra~ion No. (To Be Assigne_d By tl)e FARA Regisftatio"ii Unit) 6406 3. Principal Business Address 44 Canal Center Plaza, Alexandria VA 22314 4_. rfih-e registfantis an iQdividi.Jal, furnish tliaollowing infoi:mation: (a) Residence address(es) (b) Other business address(es), if any (c) Nationality (d) Year of birth (e) Present citizenship (f) l_f pres_ent cit_i_z~i:isl)ip i:io~ acquired by bi~h, s.tate when, w.here and how acquired (g) Occµpat_ion 5. Ifthe registrant is not an in_di_vidul!-1, fu_mish t~_e following ii:ifor1riatipn: (a) Typ_e of organization: Committee D Association D Partnership 0 Voluntary group Corporation 18'.1 Other (specify) _ _ _ _ _ _ _ __ (b) Date and place of organization Delaware Secretary of State, June 12, 2015 D (c) Address of principal office 44 Canal C~nter Plaza, Alexa:nclria VA 2_2314 (d) Na1I1.e of person hi c_harge Mtchael T.. Flynn and Bijan Rafiekian (e) Locations of branch or local offices N/A GOVERNMENT EXHIBIT 56 (f) Ifa membership organization, give numbe,r o(mC:mbe:rs N/A 1:18-CR-457 FORM NSD-l Revised 03/14 Rec:eived by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000368 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 36 of 72 Received by NSD/FAR;A R<!~isJ;ratiP:r:i Unit 03/07/2017 6:02:45 PM (PAGE 2) (g) 1_,ist aJI partn~rs, offiC:ers. dfrec:;rors or persons per(o):1jiing th~ fu~ctions of an office_r or director of the registrant Name Micl:iael ,:. ~fynn Bijan Rafie_kian Philip Oakley Residence Address( es) Prcl'iii9ed se·parately (o tl:ie Depart.ment of Ju)ti_c~. Position Cl:i~irm¥1 and C_EO Yice-r.;hai_rl!lar:i, ~irectj;>r, Secretary, and Treas_ure·r President Nationality u._s. u_._s. U.S. (h) Whi~h ofth~ abo"ve ria_me:d pe_r~ons r_ende_rs se_ivice_s djrectly in ~eran~e ofth~ int_er~sts of any of the foreign principals? Michael T. Flynn, Bijan Rafiekian (i) Describe the nature of the registrant's regular business or activity. Flynn lritel Group is:a consulting firm that provided intelligence research and advisory services. (j) Give a complete statement of the ownership and control of the registrant. Ownership as of November·31, 2016, was as follows: Michael T. Flynn (350,000 shares), Bijan Rafieklan (300,000 shares), Philtp Oakley (250,000 shares), Dr. Payman Arabshahi (5;000 shares), Darkshore LLC (1,000 shares). The corporation acts pursuant.to its bylaws, under-which the Board of Directors governs the organization. Directors include Michael T. Flynn, Bijan Rafiekian, and Philip Oakley. 6. List all employees who render.services to the registrant directly in furtherance of the interests of any of the foreign principaJs in oth_er than ·a clerical, secretarial. or in_ a related or sim_ilar capacity. Name Michael T. Flynn Bijan Rafiekian Residence Address(es) Provided separately to the Department of Justice. Nature'ofServices Director,.consulting Director,.consultlng Received by NS.D/FARA Registration Unit 0310112017 6:02:45 PM US_v_Kian_00000369 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 37 of 72 Received by NSD/FA_RA Registration Uni_t 03/07/2017 6:02:45 PM (PAGE 3) lb-FOREIGN PRINCIPAL 7. List every foreig·n principa\ I for whom the registrant is acting Or has agTeed to act. Principal Address( es) Foreign Principal 47 Adi_rea~n~vaat, 3581 l_novoBV sc; Ultrecht, The N_etb~:rl_an~s 111--ACl'l\/l'flES. 8. In addition to the activities described in any Exhibit B to this statement, wiil you engage or areyou engaging now in activity oil your own behalf which benefits any or all of your foreign principals? Yes 181 N_o D If yes, describe fully. Because this is filed retrospective to activity under this engagement, we note that during the course.of the engagement and the~eafter, Flynn Intel Group officials·(particularly Micha.el T. Flynn, in his capacity as a public figure separate from Flynn Intel Group) frequently wrote, sp_oke, or provided interviews relating to national security. Although not undertaken at the direction qfariy foreign prir:icipal, i_(i~lu:ding but no_t limited to lnovo, it is possible that such activities may have had an indi_rect be):i_efit to lnovo BV. 1\/-FIN~CIAL I_NFORMATION 9. {a) RECEIPTS-MONIES During the period.beginning 60 days prior to the date of your obligation.to registerl to the time·oftiling this statement, did:ydu ~ece_ive from any foreign principal named in rtem 7 any contribution, income,.or money either as compensation or for disbursement or otherwise? Yes D No eg · If.yes, set forth b_elow in the required detail and separately for each such foreign principal an account of such monies. 3 Foreign Principal Date Received Purpose Aniowit Becaus_e this is a retroactive reg lstration, re:c:e_ipt~ appear 0".1 s_upple_mental state·merit filed concuhently. t~e Total l The term "foreign principal," as defined m Section l(b) of the Act, mdudes a foreign government, foreign pohtical party. foreign orgamzntton, foreign 111d1v1duiil an£ f~r ,h-~ purpose of registration,.an organization or an indi~idual any of whose activities are directly or indirectly supervised, directei:l, control led, financei:I. or subsidizeil in whole or in major part by a foreign government. foreign political party. foreign organization or foreign individual. 2 An agent must register within ten days of becoming an agent, and before acting as such.3 A registrant is required to file·an Exhibit D if he collects or receives contributions. loans, moneys, or other things value for a foreign prineipal, as part of a fundraising campaign. There is no printed form for this exhibit. (See Rule 20l(e), 28 C.F.R. § 5.201(e)). of Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000370 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 38 of 72 Receiv~~fby NSD/F'.ARA Registrat,ipn Un.it 03/07/2017 6:02:45 PM (PAGE 4) (bfRECEIPT~THINGSOFVALUE- - - - -- . - . . During the period beginnin·g 60 days prior to the date of your obligation to register4 to the time of filing this statement, did you receive from any foreign principai named in Item 7 anything ofvalue5 other than money, either as compensation, or for disbursement, or otherwise? Yes D No 181 If yes, furnish the foltowing infonnation: Foreign Principal Thing of Value Date Received Purpose Duri11g the period beginning 60 days prior to the date of your obligation to register6 to the time offiiing this statement, did you spend or disburse any money in furtherance of or in connection· with your activities on behalf of any foreign principal named in Item 7? Yes D No [gJ I.f yes, se_t foi:th be_low ii:t tJiere.quired detai_l m:id separately for e_a,ch such for_eign pi:i_ncipal named inducting i:noriies transmitted, if any, to each foreign principal. To Whom Date Amount Purp~s~ . Because this is a retroactive registration, d·isbursements appear on the supplemental statement filed concurrently. ,(b).DISBURSEMENTS-TH_INGS OF VAJ,,UE During the period beginning 60 days prior to the date of your obligation to register7 to the time of fliing this statement, did you dispose:ofany thing ofvalue8 other than money in furtherance of or in connection with your activities on behalf of any foreign Yes D No [8] principal named in Item 7? lfyes, furnish thefollowing information; Re~ipi_en_t Foreign Principal Thing ofValu_e Purpose (c) I>ISBURSEl\-'.IENTS-POLITICAL CONTRIBUJ'IONS During the period beginning 60 days prior to the date of your obligation to. register9 to the time of filing this statement,.did.you, the registrant, or ariy short ~onn regisfrailt, n:_iake ~Y con,t_rit:,~t_i(>:n 9f mo~_ey or i;i_thej th_ing of value from your own funds arid on your own behalf in connection with an election to any political office or in coruiection with ariy primary election, convention, or Yes D No 18'.l caucus held to select candidates for any po"i°itical office? If yes, furnish the following infonnation: Date An:iP:urit cir Thi_ng of\'aj:ue Political Organization or Candidate Location of Event 4. 6, 7 and 9 See Footnolc 2, on page 3. 5 and 8 Things of value include but are not Iimitcd to gifts, interest free loans, expense free travel, favored stock purchases, cxclu.\ivc rights, favored 1rca1mcnr over competilon;, "kickbacks", and the like. Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000371 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 39 of 72 Re~eive<J by NSD/F ARA Regist.ration Unit 03/07/2017 6 :02:45 PM (PAGE 5) V-INFORMATIONAL MATERIAJ..S ' 0 11. Will the activities of the registrant oil behalf of any foreign· prin·cipal include the preparation or dissemination ofinformatiorial 'Ila.t.erials?· . Yes 18] . No tJ . IF YES, RESPOND TO THE REMAINING ITEMS IN THIS SECTION V. 12. Identify each such foreign principal. lnovo BV. 13. Has a ou'dget been estil.blislici:l or specified s'i.frri of money' allocated to finance your activities in preparing or disseminating infonna_tion:itl.i:z'iatei:iaJs? · Yes D No 18] · · · ' · lfye_s, identi7 each such f~reign principal, specify anioui)t and for what period oftim·e. S_ee attach.merit. 14. wm any public relations firms o~ publicity agents participate. fu tiie preparation or 'ciisseminaiion of such informational materials? Ye.s ~ N_o [] If ye~, furnish the names and addresses of such persons or finns . .See attachment. 15. Ac_t,ivi~ies in preparing or dis~_em_inating ii:i_forqiational .materials will include the use of the following: D Rad.io or TV broadcasts D Advertising·campaigns D Magazine or newspap·er D Motion pi_cJ1ire fi1111s D L~tte:rs or te_l_egi:arris D Press releases D Pamphlets or other publications D Lectures or speeches ~ Other (specify) See attachment. Electronic Comm·unications D t;:m_ail 0 Website URL(s): --------------------'-----"---'---------------0 Social media website URL(s): ~ Other (specify) See attachment. ----,---:-:--------:------------------------------- 16. Informational materials wiii be disseminated among the following.groups: D Public officials D Legislators D Government agencies D Newspapers O Edi~ors D Civic groups or associations D Libraries D Educational groups [] Nationality groups [8] Other (specify) See attac;hment. 17. Indicate language to be used in the informational materials: 181 English O Other (specify) ------------ lO Ttie·tenn' itifomiation·al ·materials incliides·aiiy oritl, visual, graphic, written, or pictorial infonnation or matter of any kind, including that published by means of advertising, . books, periodicals, newspapers. lectures, broadcasts, motion pictures, or any means or instrwnentality of interstate or foreign co~merce. or othe~ise. ·1nformationat"materials disseminated by an agent of a foreign principal IIS part of an activity in itself exempt from registration, ~ran ecti~ity which by itsefr would not'require registration, neclnot be filed pursuant to Section 4(b) of the Ac!. · · · Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000372 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 40 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM (PAGE 6) VI--EXHIBITS AND ATTACHMENTS 18. (a) The fol101Ning describ.ed exhibits shall be filed with an initial registration statement: Exhibit A- This exhibit, which is filed on Fonn NSD-3, sets forth the information required to. be disclosed concerning each foreign principal named in Item 7. Exhibit B- This exhib(t, which is filed on Form NSD-4, sets forth the infoifoatioil concerning the agreement or understanding between the registrant and the foreign principal. (b) An Exhibit C shall be filed when applicable. This exhibit, for which no prin,ted form is provided, consists of a true copy of t.he chart~r. arti_cle,s ofin~orporll_tion, association. con_stitution, an:<J bylaws ofa registrant that _is an organizatio·n. A waiver of the requirement to tile an Exhibit C may be obtained for good cause shown upon written application to the Assistant Attorney Generai, National Security Division, U.S. Department of Justice, Washington, DC 20530. (See Rule.201(c) and (d)). (c) An Exh_i_bi~. D sh~II be fil_~d when ap·pli_cabl.e. This exhibit, fo_r wl_l_icl_l ,r,10 ptjrit~d forn:i i_s provided, ~~ts forth an accoui:iJ of money collected or received as a result of a fundraising campaign and transmitted for a foreign principal. (See Rule.201 (e)). In accordancewith 28 U.S.C. § 1746, the undersigned swear(s) or affirrn(s) under penalty of perjury that he/she has (they have) read the information set forth in this registration statement and the attached exhibits and that he/she is (they are) familiar with the contents thereof and that suqh contents are in their entirety true and accurate to the best ofhis/he"r (their) knowledge and belief, except that the undersigned.make(s) no represen~ti,cin as to truth or ac·curacy C?ftJ1e·in.fo~!):tati_or:i c.()r:i~a.it:i~d ir:i. t.~~ at_ta~'-1.ed SJ:tort Fo~ Regis_tratiori · Statement(s), if any, insofar as such information is not within his/her (their) personal knowledge. (Date of sig1Jat1,1te) March 07, 2017 (Print or type name under each signature or provide electronic signature 11 ) /s/ Michael T. Flynn eSigned I I This statement shall be signed by the individual agent, if the registrant is an individual, or by a majority of those partners, officers, directors o"r persons pcrfbnning similar functions, if the registrant is an organization, except lhal the organi7Jltion can, by power of attorney, authorize one or ·more individuals to execute this statement on its behalf. Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000373 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 41 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM Flynn ftJ.(el Group, Inc., R,egis_tration S.tqtem_e_n_t Attachment Items 11~17 Pursuant to the contract between Flynn Intel Group and Inovo BV, the parties anticipated that Flynn Intel Group would engage a pubiic relations firm, Sphere Consulting, and engage a film production crew for the creation of a video. The public relations firm (S.GcR. LLC Go.vernmeiit Relations arid Lobbying} was engaged but the video was not completed or disseminated, to the best of our·understandihg. The b~dget for these activities was reflected in the engagement contractwith.S.G.R. LLC Government Relations and Lobbying; no separate budget rel~ted to inform~(ional n:ia~~_ri_als. Becau~ tp_i_s i_s a retroa:ctjve regist_rati~n prepare(i a~e.r Flynn Intel .Group had already begun to close-operations, this registration is based on documeIJ..t~Ji.or:i cu.rr~n_t_ly ~va.i_lable to Fiy1rn Int~l Group. If ~d4j#o:r)~J re_l~vant inform..ation is later identified, Flynn Intel Group will amend its registration. Rec·eived by NSD/F ARA Registration Unit 03/07/2017 6:02 :45 PM US_v_Kian_00000374 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 42 of 72 Received by NSD/FARA Reg~U-J§lUP-PJ:Jilnt*,,QJ/i-07.,{~lo726ii:-02:45 PM Exhibit A to Registration Statement Pursuant to the Foreign: Agents Registration Act of 1938, as amended U,S ..Department of Justice Washingtc:m, DC 20530 INSTRUCTIONS. Furnish this exhibit for EACH foreign principal listed in an initial staternent and for EACH additional foreign principal acquired subsequently. The filing of this document requires the payment of a filing fee as set forth iri Rule (d)(J), i8 C.F.R. § 5.5(d)( l): Compliance is accomplished by filing an electronic Exhibit A form at.b.Un;Uwww.farn_.gov. Privacy Act Statement. The filing of this document is requil"f!d by· the Foreign Ag~nts R(;!gistration Act of J938, as ~encjed, 22 U.S.C. § 611 et seq., for the purposes of registration under the Act and public disclosure. Provision of the information requested is maridatofy, arid failure to provide tliis information is subject to the penalty and enforcement provisions established in Section 8 of the Act. Every registration statement, short form regis.tration statement, supple.mental statement, exhibit, amendment, copy of informational materials or other document or information filed with the Attorney General under this Act is a.public record open to public examination, inspection and copying during the posted business hours of the Registration Unit in Washington, DC. Sta,tements a,re also l!,Vail_able onHne at thf! Registration Unit's webpage: http://www.fara.gov. One copy of every such document, other than informational timterials, is automatically provided to the Secretary ofState pursuant to Section 6(b) of the Act, and copies of any and all documents are routinely made available to other agencies, departments and Congress pursuant to Section 6(c) of the Act. The Atfomey General also transmits a semi-annual report to Congress on the administration of the Act which lists the names of all agents registered under the Act and the foreign principals they represent. This report is available to the public in print and online at: http://www.fara.gov. Public Reporting Burden. Public reporting burden for this collection of information is estimated to average .49 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,.and completing and reviewing the collection of information_. Send comments regarding this bµrden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to Chief, Registration Unit, Counterespionage Section, National Security Division, U.S. Department of Justice, Washington, DC 20530; and to the Office oflnformation and Regulatory Affairs, Office ofMana,gement and Budge~ Washi_ngton, DC 20503. 2: Registration No. I. Name and Address of Registrant Flynn Intel Group, Inc. 44 Canal Center Plaza, Alexandria, VA 22314 6406 3. Name of Foreign Principal lnovo BV 4. Principal Address of Foreign Principal 47 Adriaanstraat, 3581 SC Utrecht, The Netherlands 5. Indicate whether your foreign principal is one of the following: [J Government of a foreign country 1 D Foreign political party IE] Foreign or doinestic organization: If either, check one of the following: D l&l D D Partnership Cotpotation D Committee Voluntary group Associati.on D Other (specify) ~ I Individual-State nationality ------'----------------------------- 6. If the foreign principal is a foreign gov~rrtment, state: a) Branch or agency represented by the registrant b) Name and title of official with whom registrant deals 7. If the foreign principal is a foreign political party, state: a) Principal address GOVERNMENT EXHIBIT b) Name and title of official with whom registrant deals c) Principal aim 58 1:18-CR-457 i ''Governmeiit o(a foreign country." as defined in Section I(e) of the Act, includes any person or group of persons exercising sovereign de facto or de jure political jurisdiction over a.f1Y co1intry, other than the United States, or over any part of such cowitry. and i_ncludes a_ny su_bdivision of any such group and any group or agency to which such sovereign de facto or de jure authority or functions are directly or indirectly delegated. -Such tenn shall include any faction or body of insurgents ,vithin a country assurriirig to exercise governmental authority whether such faction or body of insurgents has or has not been recognized by the United States. FORMNSD-3 Revised 03/14 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000316 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 43 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM 8. If the foreign principal is not a foreign government or a foreign political party: a) State the nature of the business or activity of this foreign principal. See attachment. b) Is this foreign principal: Supervised by a foreign government, foreign political party, or other foreign principal Yes O No l2SI Owned by a foreign government, foreign political party, or other foreign principal Yes tJ No Q9 O Yes O Yes O Yes O No ~ Directed by a foreign government, foreign political party, or other foreign principal See attachment. Yes Controlled by a foreign government, foreign political party, or other foreign principal Financed by a foreign government, foreign political party, or other foreign principal Subsidized in part by a foreign government, foreign political party, or oUier foreign principal No Q9 No~ No (251 9. Explain fully all items answered "Yes" in Item 8(b). (lfad_ditional space is needed, a full jn_sert page must be used.) I0. If the foreign principal is an organization and is not owned or controlled by a foreign government, foreign political party or other foreign principal, state who owns and controls it See attachment. EXECUTION In accordance with 28 U.S.C. § 1746, the undersigned swears ot affirms under penalty of perjury that he/~he has read the information set forth in this Exhibit A to the registration statement and that he/she is familiar with the contents thereof and that such contents are in their entirety true an~ accurate to the best of his/her knowledge and belief. Date of Exhibit A March 07, 2017 Name and Title Michael T. Flynn, Chairman and CEO Signature /s/ Michael T. Flynn eSigned Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000317 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 44 of 72 Received by NSD/FARARegistration Unit 03/07/20176:02:45 PM Flynn Intel Gr(!UP, Inc., Registration State~ent, Exhibit A Attacbment Items 8-10 Inovo BV ("lnovo") is a Dut9h company incorporated in 2005 to provide business consultancy services. Flynn Intel Groµp understands the sole owner oflnovo BV to be Mr. Ekim Alptekin. According to Arent Fox, LLP, counsel to Mr. Alptekin: 1. lnovo is a privately owned com:pany that has not received, directly or indirectly; funds or financial support from any government during the course of its engagement of Flynn Intel Group Inc., tncluding the Republic of turkey. 2. At the time Inovo hired Flynn Intel Group, Inovo reptesertted a private sector com.party in Israel that sought to export natural gas to Turkey, and it was for support of its consulting work for this client that Inovo engaged Flynn Intel Group, specifically to 1J,nderstand the tumultuous political climate at the time between the United States and Turkey so that Inovo could advise its client regarding.its business opportunities and investment in turkey. 3. Mr. Alptekin is a businessman who holds a rtumbet of positions in international business organi.7:ations, such as Honorary CmmsuJ to the Repµblic of Albania, and Chairman of the Turkish-American Business Council. Mr. Alptekin and any organiza,tion in which he participates are not agents of the government of the Republic of Turkey. Flynn Intel Group does rtot krtow whether or the extent to which the Republic of Turkey was involved with its retention by Inovo for the three,,.month project. Flynn Intel Group is aware that Mr. Alptekin consulted with officials of the Republic of Turkey regarding potential work by Flynn Intel Group, and Mr. Alptekin introduced officials of the Republic of Turkey to Flynn Intel Group officials ata meeting on September 19, 2016, in New York. Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000318 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 45 of 72 Received by NSD/F ARA RegisM":etfw.t\~~:Q~Q71~JJ,2~:.P2:45 PM lJ.S. Department of Justice Exhibit B to Registration Statement wa~hington, DC 20530 Pursuant to the Foreign Agents Registration Act of 1938, as amended INSTRUCTIONS. A registrant must furnish as an Exhibit B copies of each written agreement and the terms and conditions of each oral agreement with his foreign principal, including all modifications of such agreements, or, where no contract exists, a full statement of all the circwnstances by reason of which the registrant is acting as an agent.of a foreign principal. Compliance is accomplished by filing an electronic Exhibit B form at http:/foww.fara.ggy. Privacy Act Statement. The filing of this document .is required for the Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. § 611 et seq., for the purposes of registration under the Act and public disclosure. Provision .of the information requested is mandatory, and failure to provide the information is subject to the penalty and enforcement provisions established in Section 8 of the Act. Every registration statement, short form registration statement, supplemental Stl!te_rnent. exhibit, am(;)ndment, copy of informational m~terials or o~er document or information filed with the Attorney General uilder tliis Act is a public record open to public examination, inspection and copying during the posted business hours of the Registration Unit in Washington, DC. Statem.ents are also available on.Hne at the Registration Unit's webpage: hnp_;/.~'&.\:'.1¥,.fori!.l,?,Q\:'.. One copy of every such document, other than infonnational materials, is automatically provided to the Secretary of State pursuant to Section 6(b) of the Act, and copies of any a:nd all documents are routinely made available to other agencies, departnients and Congress pursuant to Section 6(c) of the Act. The Attorney General also transm.its a semi-annual report to Congress on th~ admin.istrat_i.on of the Act whic!i lists the names of all agents registered under the Act and the foreign principals they represent. This report is available to the public in print and online at: http://www.fara.gQY. Public Reporting Burden. Public reporting burden for this collection of information is estimated to average .33 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviev,ing the collection of information. Send comments regardi.ng this burden estimate or any other aspect of this collection of information, includit1g suggestions for reducing this burden to Chief, Registration Unit, Counterespionage Section, National Security Division, U.S. Department of Justice, Washington, DC 20530; and to the Office oflnformation and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. 1. Name of Registrant Flynn Intel Group, Inc. 2. Registration No. 6406 3. Name of Foreign Principal lnovo BV Check Appropriate Box: 4. ~ The agreement between the registrant and the a.hove-named foreign principal is a formal written contract. If this box is checked, attach a copy of the contract to this exhibit. 5. D There is no formal written contract between the registrant and the foreign principal. The agreement with the above-named foreign principal has resulted from an exchange of correspondence. If this box is checked, attach a copy of all pertinent correspondence, including a copy of any initial proposal which has been adopted by reference in such correspondence. 6. D The agreement or understanding between the registrant and the foreign principal is the result of neither a formal written contract nor ail exchange of correspondence between the parties. If this box is checked, give a complete description below of the terms and conditions of the oral agreement or understanding, its duration, the fees and expenses, if any, to be received. 7. Describe fully the nature and method of performance of the above indicated agreement or understanding. See. attached contract.· Received by NSDIFARA Registration Unit 03/07/2017 6:02:45 PM FORMNSD-4 R.evi.sed 03/14 US_v_Kian_00000319 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 46 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM 8. Describe fully the activit_ies the regi?trant engages in or proposes to t!ngage in on behalf of the above foreign prfocipal. Flynn Intel Group was tasked to perform investigative research for a specified scope of work using its laboratory team of senior defense, diplomacy, development, and intelligence professionals over a three-month period; Flynn Intel Group was to retain an experienced filming a_nci production crew in order to develop a short film piece on the results of its investigation, and a public affairs firm to utilize for public affairs as needed. Flynn Intel Group held weekly calls with the client to report engagement progress. 9. Will the activities on behalfoftheabove foreign principal include political activities as defined in Section l(o) ofthe Act and in No D the footnote below? Yes l8] lfyes, describe all such political activities indicating, among other things, the relations, interests or policies to be influenced together with the means to be employed to acl_lieve t_his purpose. See response to item 8. EXECUTION In accordance with 28 U.S.C. § 1746, the undersigned swears or affirms under penalty of perjury that he/she has read the information set forth in this Exhibit B to the registration statement and that he/she is familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her knowledge and belief. Date of Exhibit B March 07, 2017 Name and Title Michael T. Flynn, Chairman and CEO Signature ts/Michael T. Flynn eSigned Footnote: "Poht1cal act1v1ty," as defined in Section l(o) ofttic Act,."n1eans an}· activity which the person engaging in believes will, or that the person intends to, many way mtluence any agency or official of the Government of the United States or any scctiory ofthe public within theUn_ited States with reference to formulating, adopting, or changing the domestic or foreign policies of the United States or with reference to the political or public interests, pol_icies, or relations of a gove"rninent of a foreign country or a foreign political party. . Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000320 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 47 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM :. Independent Advisory Services Agreement Matar, of lb@ N1at11uJafia lpfflyg lbtc8ePl 114 Qa!slffw: Received by NBD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000321 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 48 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM 'll;nn M4 tmpfngtlpp advlsar=-· Compniilloa l'or ll=alonal semces Is a firm. fixed price ofl600,000 (Sill hl!lldral. t11omnc1 dollan) . . _ or 11ne paymems or S200.000 (Two lwndled ~ ~ J lollowfna d1uclllld11le .... , • Fir.fl ~ of IZtJO,IIJO ~ ""'° lnllllnd "'"""""' o/tllts.,._,., . • 8M:aRtl lllllllibMat oiaoo.ooo (1w llllfUlnll 4olla,aj . . "' ,,,. . . "' •• tlul...,, dw till Odo6ilr.P, 1016. • 'itfl'd ~ tt/ atlfl,IIOO (lnio lr1111dHtl lltotiltnul """"'- <• 1111 N ~ P', 2016. uave coaiplnlallon Rama do 11111 &dude tilr/ Imel, lodalaa ind per c11cm 111p1111111, rr lnlwl Is deemed neccamy by die clicnl, eilniall:d expenses •hall be ~ fO the client In advance l'or approval by the client and 8llll!lldment ro thla agreemtlld Ir IIIICIIIDI)', 'i1ie advllllr shall aat Incur·any adclldo!ml ....- ro the above klt8I fared •C08II \llilJmut a prior wrlUla approval t'orsper:lflc ~ d ~ neceamy by die clleat(t11111U ~ ~ I s ~ ) . TIie CogffflgflgHtr TIit i.m and cand111o~ or lhS. ...-.,1111 shall remalll confid!l_nllal. Paitla 88fllC m, mallllllln t,adl odler'I lnf'Offl_1!1llon '" a_irict conffdcnco dnuahoul die CCllg'le or Ibis engap1111111 ll!d aftw ill llml'-JCIII. TIit advisor 8811!11 to 1'8111111 all aucb conlldmltlal material kt lhe clleat at the etl!I orlhe or or the enpgemenL Furd_lcr, part_lea agn:e th!l1 no public IIIIIOIIIICIIIIIIIII rmpa or delails dill ~ ll_lall be made without wlfnr!n appn,vat orbl)th palllal during the course o_rlhe ~ Parties as,ee co lbict oompllance with thla ~ llae ~ pllllles undelSland thal dllcloslng the delalla orthis enppmant will edvmaly Impact Iha quality lnvadptlom. or111e srpei11,y: INOVO 8V (TIie Nedleltancll) Cap&. Elclm Alplclcln Qal1111111 and CEO Flynn Intel On,up. Inc. Lfeuleilant Genn Mtchael T. FlyM Cludnnan and CEO - - . l Received by NSD/F ARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000322 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 49 of 72 Received by NSD/FARA Registration Urtit 03/07/2017 6:02:45 PM • a .t . - 3 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000323 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 50 of 72 Received by NSD/FARA Reg~iP112UmtQMi0s7iJli>:k72~;,02:45 PM U.S. Department of Justice Supplemental Statement W~h_ington, DC 20530 Pursuant to the Foreig11. Agents Registration Act of 1938, as amended For Six Month Period Ending Nov. 30, 20! 6 (Insert date) I - IU:GISTRANT (b) Registration No. l. (a) Name of Registrant Flynn Intel Group, Inc. 6406 ( c) Business Address( es) of Registrant 44 Canal C:eriterPlaza, Alexandria, VA 24314 2. Has there been a change in the information previously fumishecl in connection with the following? (a) Ifan individual: ( 1) Residence address( es) YesO NoO (2) Citizenship Yes D NoO Yes[] No[] (3) Occupation (b) If an organization: (I) Name (2) Ownership or control (3) Branch office_s Yes D Yes D Yes[] No 12] No l8j No ~ Flynn Intel Group's sole office closed in November 2016; (c) Explain fully all changes, if any, indicated in Items (a) and (b) above. Flynn Intel Group, Inc. suspended activities in November 2016. IF THE REGISTRANT IS AN INDIVIl)UAL, OMIT RESPONSE TO ITEMS3, 4, AND 5(a). 3. If you have previously filed Exhibit C 1, state whether any changes therein ha:ve occurred during this 6 month reporting period. Yes D Ifyes, have you filed No Bl amenclment to tl_le Exhibit C? l:Jcfl Yes D NoO If no; please attttc}J the. required amendment. GOVERNMENT EXHIBIT 61 1:18-CR-457 I The Exhibit C, for wfoch no 11nnted fonn 1s provided, consists of a true copy of the charter. art,cles·ot m~orporatmn; assoc,~tJon, and by l_aws of a registrant that 1s an organization. (A waiver ofihe requirement to file an Exhi_bit C may be obtafaed for good cause upo·n written applicaticiri to the Assistant Attorney General, National Security Division, US. Department of Justice, Washington. DC 20530.) Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM FORM NSD-2 Revis.eel 03/14 US_v_Kian_00000347 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 51 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM (PAGE2) 4. (a) Have any persons ceased acting as partners, officers, directors or similar officials of the registrant during this 6 month repo~ing period? Yes D No 181 Ifyes, furnish the following information: Name Position Date Connection Ended (b) Have any persons become partners, officers, directors or similar officials during this 6 month reporting period? Yes D No 181 If yes, furnish the following information: Citizenship Position Name Residence Address Date Assumed 5. (a) Has any person named in Item 4(b) rendered services directly in furtherance of the interests of any foreign principal? Yes D No D If yes, identify each such person and describe the service rendered. (b) During this six month reporting period, has the registrant hired as employees or in any other capacity; any persons who rendered or will render services to the registrant directly in furtherance of the interests of a:ny foreign principal(s) in other than a clerical or Yes D No 181 secretarial, or in a related or similar capacity? Name Residence Address Citizenship Position Date Assumed (c) Have any employees or individuals; who have filed a short form regi_stration statemeQt, terminated their employment or No D connection withthe registrant during this 6 month reporting period? Yes 12:1 If yes, furnish the following information: Nan1e Position or Connection Date Terminated Flynn Intel Group, Inc. suspended activities in November 2016. (d) Have any employees or individuals, who have filed a short fonn registratfon statement, terminated their connection with any foreign No D · principal during this 6 month reporting period? Yes 181 Tfyes, furnish the following information: Name Foreign Principal Position or Connection Date Terminated The contract between lnovo BV ahd Flynn Intel Group ended by its terms on November 15, 2016. 6. Have short form registration statements been filed by all of the persons narped in Items 5(a) and 5(b) of the supplemental statement? Yes tJ No tJ If no, list names of persons who have not filed the required statement. Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000348 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 52 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM (PAGE 3) II - FOREIGN PRINCIPAL 7. Has your connection with any foreign principal ended during this 6 month reporting period? If yes, furnish the following information: Yes 18] NoO Date ofTennination Foreign Principal November 15, 2016 1.novo BV 8. Have you acquired any new foreign principal(s) 2 during this 6 month reporting period? Ifyes, furnish th following infonnation: Yes D No 18] Date Acquired Name and Address of Foreign Principal(s) .9. In addition to those named in Items 7 and 8, if any, list foreign principal(s) 2 whom yoµ continued to represent during the 6 month reporting period. 10. (a) Have you filed exhibits for the newly acquired foreign principal(s), if any, listed in Item 8? Yes O No 0 Exhibit A3 4 Exhibit 8 Yes O No 0 lfno, please attach the required exhibit. (b) Have there been any changes in the Exhibits A and B previously filed for any foreign principal whom you represented during this six month period? Yes D No l8J If yes, have you filed an amendment to these exhibits? Yes O No 0 Ifno, please attach the required amendment. 2 The term "foreign principal" includes, in addition to those defined in Section l(b) of the Act, an individual organization any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsid.i.zed i.n whole or in major part by a foreign government, foreign political party, foreign organization or foreign individual. (See Rule tOO(a) (9)). A registrant who represents more than one foreign principal is required fo list in the statements he files under the Act only those principals for whoni he i.s not ent.it]ed to clai!n exemption un.der Section .3 of the Act (See Rule 208.) 3. T~e Exhi.bit A. which is filed on Fo.rm NSD-3, sets forth t.he information required to be disclosed concerning eacl~ foreign principal. 4 The Exhibit B, which is filed on Form NSD-4, sets forth the information concerning the agreement or understanding between the registrant and the foreign prii:icipaL Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000349 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 53 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM (PAGE 4) III - ACTIVITIES 11. During this 6 month reporting period, have you engagedin any activities for or rendered any services to any foreign principal Yes IBI No CJ named in Items 7, 8, or 9 of this statement? lfyes, identify each foreign principal and describe in full detail your activities and services: See attachment. 12. During this 6 month reporting period, have you on behalf of any foreign principal engaged in political activity 5 as defined below? Yes~ No D lfyes, identify each such foreign principal ancj describe in full detail aH such political activity, indicating, among other things, the relations, interests and policies sought to be influenced and the means employed to achieve this purpose. lfthe registrant arranged, sponsored or delivered speeches, lectures or radio and TV broadcasts, give details as to dates, places of delivery, names of speakers and subject matter. See attachment. 13. In addition to the above described activities, if any, have you engaged in activity on your own behalf which benefits your No D foreign principal(s)? Yes l8] lfyes, describe fully. Because of its expertise, Flynn Intel Group officials frequently write, speak, and give interviews on issues related to national security. Although not undertaken at the direction or control of a foreign principal, it is possible that such activities may have an indirect benefit to a principal. On his own initiative, Michael T. Flynn published an op-ed in The Hill on November 8, 2016, that related to the same subject matters as the Flynn Intel Group work for lnovo BV. Neither lnovo BV, nor any other person requested or directed publication of the op-ed. 5 "Political activity," as·defined in Se:Ction l(o) of the Act, means any activity that the person engaging in believes will, or that the person intends to, in any way influence any agency or official of the Government of the United States or any section of the public within the United States with reference to formulating, adopting or changing the domestic or foreign policies of the United States or with reference to political or public interests, policies. or relations ofa government of aforeign country or a foreign political party. Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000350 I Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 54 of 72 Received by NSDIFARA Registration Unit 03/07/2017 6:02:45 PM (PAGE 5) IV"' FINANCIAL INFORMATION 14. (a) RECEIPTS~MONIES During this 6 month reporting period, have you received from any foreign principal named in Items 7, 8, or 9 of this statement, or from any other source, for Or in the interests of any such foreign principal, any contributions, income or money either as compensation or otherwise? Yes ~ No tJ Ifno, explain why. If yes, set forth below in the required detail and separately for each foreign principal an account of such monies.6 From Whom bate Purpose Amount See 1:1ttachment. Total (b) RECEIPTS- FUNDRAISING CAMPAIGN During this 6 month reporting period, have you received, as part of a fundraisihg campaign7, any money on behalf of any Yes O No~ foreign principal named in Items 7, 8, or 9 of this statement? 8 If yes, have you filed an Exhibit D to your registration? If yes, indicate the date the Exhibit D was filed. (c) Yes D NoO Date-----~--- RECEIPTS-THINGS OF VALUE During this 6 month reporting period, have you received any thing ofvalue9 other than money from any foreign principal named in Items 7, 8, or 9 of this staten1ent, or from any other source, for or in the interests of any such foreign principal? No~ Yes O If yes, furnish the following information: Foreign Principal Date Received Thing of Value Purpose 6, 7 A registrant is required to file an Exhibit D if he collects or receives contributions, loans, moneys, or otber things of value for a foreign principal. as part of a fundraising can1paign. (See Rule 20J(e)). 8 · An Exh.ibit D, fof which no printed fom1 is provided. sets forth an aceowlt of money collected or received as a result ofa fundraising campaign and transmitted for a foreign principal. · 9 Things of value include but are not limited to gifts, interest free loans, expense free travel, favored stock purchases, exclusive rights, favored treatment ove_r competitors, "kickbacks," and the like. · Received by NSD/FARA Registration Unit 03/07<2017 6:02:45 PM US_v_Kian_00000351 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 55 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM (PAGE 6) 15. (a) DISBURSEMENTS-MONIES During this 6 month reporting period, have you (I) disbursed or expended monies in connection with activity on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? Yes l.8l No D (2) transmitted monies to any such foreign principal? Yes D NoO If no, explain in full detail why t.here were no disbursements made on behalf of any foreign principal. If yes, set forth below in the required detail and separately for each foreign principal an account of such monies, including monies transmitted, if any, to each foreign principal. To Whom Date Purpose Amount See attachment. Total Received byNSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000352 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 56 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM (PAGE7) (b) DISBURSEMENTS-THINGS OF VALUE During this 6 month reporting period, have you disposed ofanything ofvalue 10 other than money in furtherance ofor iil connection with activities on behalf of any foreign principal named in Items 7, 8, or 9 of this statement? No 18] Yes D If yes, fumi_sh the following information: Recipient Date (c) Foreign Principal Thing of Value Purpose DISBURSEMENTS-POLITICAL CONTRIBUTIONS During this 6 month reporting period, have you from your own fun(js and on your own behalf either directly or through any other person, made any contributions of money or other things of value' 1 in connection with ail election to any political office, or in connection with any primary election, convention, or caucus held to select candidates for political office? Yes 8J No D If yes, furnish the following information, Amount or Thing of Value Date Political Organization or Candidate Location of Event Hafiekian 10/31/16 $250 Trump Make American Great Again Committee * Zinke For Congress Rafiekian * * Mt. Rafiekian is searching for records of the date and amount of the contribution, which he believes he made, and will amend this report when the information is located. 10. 11 Things of value inclµd_e but are not limited to gi~s. interest free loans, expense free travel. favcir'e_d stock purchases, exclusive rights, favored treatment over competitors, "kickbacks," and the like. Received by NSD/FARA Registration Unit 03/07~2017 6:02:45 PM US_v_Kian_00000353 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 57 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM (PAGE 8) V - INFORMATIONAL MATERIALS 16. (a) D11ring this 6 month reporting period, did you prepare, disseminate or cause to be dissem_inated any informational materi1._11_s? · Yes~ No D - 12 IfYes, go to Item 17. (b) If you answered No to Item 16(a), do you disseminate any material in connection with your registration? Yes D No D If Yes, please forward the materials disseminated during the six month period to the Registration Unit for review. -- -. .. -- ·--·· 17. Identify-each such foreign principal: lnovo BV. 18. During this 6 month reporting period, has any foreign principal established a budget or allocated a specified sum of money to Yes_ D No [8J finance your 1._1ctivities in prepari1J.g or disseminating informational materials? Ifyes, identify each such foreign principal, specify amount, and indicate for what period of time. See attachment. 19. During this 6 month reporting period, did your act1vit1es m preparing, disseminatmg or causmg the d1ssemmat1on of mfonnat1onal materials include the use ofariy ofthe following: D Radio or TV broadcasts D Magazine or newspaper D Motion picture films D Letters or telegrams D Pamphlets or ot_her p~bliCl._ltions D Lectures or speeches D Advertising campaigns D Press releases 18] Other (spec[/y) See attachment. ---------------------------------------- Electronic Communications D Email D Website URL(s):. -------------~--~--~-=~-'--'-~--~~---------D Social media websites URL(s): --'------,----------------'---------------- [8] Other (specify) .,..s:...e_e_a_tt_a_;_c_h_m_e_n_t._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ - - - ~ - - - - - - 20. During this 6 month reporting period, did you disseminate or cause to be disseminated informational materials among any of the following groups: D Public officials D Legislators D Government agencies D Newspapers D Editors D Civic groups or associations 0 Libraries D Educational institutions D Nationality groups 18] Other (specify) See attachment. 21. What language was used in the informational materials: ~ English D Other ( s p e c i f y ) - - - - - - - - - - - - - - - 22. Did you file with the Registration Unit, U.S. Department of Justice a copy ofeach iteni of such informational materials No D See attachment disseminated or caused to be disseminated during this 6 month reporting period? Yes D 23. Did you label each item of such informational materials with the statement required by Section 4(b) ofthe Act? No D See attachment. Yes D 12 Th:e term infonnational materials incl_udes any orai, vis_ual. graphic, written, or pictorial infonnation or matter of any kind, including that published by means of advertising, books, periodicals, newspapers, lectures, broadcasts, motion pictures, or any-means or instrumentality of interstate or foreign commerce or otherwise. Informational materials disseniinated by an agent of a foreign principal as part of an activity in itself exempt from registration, or ari activity which by itself would ncit req·uire registration; need not be filed pursuant to Sec_tion 4(b) of the _A<.:t. Received by NSD/FARA Registration Unit 03/07/2017 6:0Z:45 PM US_v_Kian_00000354 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 58 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM (PAGE 9) VI - EXECUTION In accordance with 28 U.S.C. § 1746, the undersigned swear(s) or affirm(s) under penalty of perjµry that he/she has (they have) read the information set forth in this registration statement and the attached exhibits and that he/she is (they are) familiar with the contents thereof arid that such contents are in their entirety true and accurate to the best ofhis/her (their) knowledge and belief, except that the undersigned make(s) no representation as to truth or accuracy of the information contained in the attached Short Form Registration Statement(s), if any, insofar as such information is not within his/her (their) personal knowledge. (Date of signature) March 07, 2017 (Pri11t or type name under each signature or provide electronic signature 13 ) eSigned /s/ Michael T. Flynn 13 This statement shall be signed by the individual agent, if the registrant is an individual, or by a majority of those partners, officers; directors or persons perfonning:sirililar function.s, if the registra11t is an orga.nization, except that the organi_zation can, by power of attorney, authorize one or more individual.s tci execute t.his stat~ment on its behalf. Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000355 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 59 of 72 Received by NSD/FARA RegistrationUnit 03/07/2017 6:02:45 PM Flynn Intel Group, Inc., Supplemental Statement Attachment Items 11-12 Note: In September 2016, the Flynn Intel Group filed a registration under the Lobbying Disclosure Act for its representation oflnovo BV ("lnovo"). Upon further review, and to eliminate any potential doubt, the Flynn Intel Group is electing to file a registration and supplemental statement under the Foreign Agents Registration Act in lieu of its prior LOA registration. Although the Flynn Intel Group was engaged by a private firm, Inovo BV, and not by a foreign government, because of the subject matter of the engagement, Flynn lntel Group's work for Inovo could be construed to have principally benefitted the Republic of Turkey. The Department's regulations provide that the LOA exemption from FARA registration is not avaHable if a foreign government or political party is the principal beneficiary. See 28 C.F.R. § 5.307. This retroactive supplemental statement is being filed after the Flynn Intel Group closed its operations in November 2016, and the supplemental statement is therefore based on information that is currently available to Flynn Intel Group, to the best of its knowledge, after undertaking due diligence.with the assistance of counsel. a In August 2016, Flynn Intel Group entered into a contract with Inovo, consulting firm based in the Netherlands. The contract provided that Flynn Intel Group would perform research, engage a public relations firm and a filming and production crew to potentially distribute the results of its research, and hold weekly calls with the client to discuss progress on the project. Flynn Intel Group understood the engagement to be focused on improving U.S. business organizations' confidence regarding doing business in Turkey, particularly with respect to the stability of Turkey and its suitability as a venue for investment and commercial activity .. Inovo has represented, through its counsel, that no part of the fees paid to Flynn Intel Group by Inovo was provided by any foreign government. Under the contract, Flynn Intel Group conducted open-source research for I11ovo and at Inovo's direction. The research, which was conducted by independent contractors retained for this purpose, focused on Mr. FethuHah Gillen and charter schools in the United States that are associated with, or allegedly associated with, Mr. Gillen. The results of Flynn Intel Group's research were provided to Inovo, and to S.G.R. LLC Government Relations and Lobbying, the public relations firm engaged by Flynn Intel Group. Flynn Intel Group and the public relations firm developed various materials and documents related to this research for potential dissemination. Because the project was terminated early, the full scope of the contract was not performed, and to the best of Flynn Intel Group's knowledge, none of the research materials prepared by the Flynn Intel Group were disseminated to third parties. In early September 2016, Flynn Intel Group was invited by Mr. Alptekirt to meet with a group of government officials from Turkey for the purpose of understanding better the political climate in Turkey at the time, as background for the project. Officials of the Republic ofTQrkey Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000356 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 60 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM attending this meeting on September 19, 2016, in New Yoi:k, were the Minister of Foreign Affairs and the Minister of Energy, to the .best of Flynn Intel Group's current understanding. Mr. Rafiekian 111et withMiles Taylor, National Security Advisor to the House Committee on Homeland Security, on two occasions in approximately October 2016, at Mr. Taylor's office and at Flynn Intel Group's office. A representative of S.G.R. LLC Government Relations and Lobbying attended the meeting at Flynn Intel Group's office. Over the course of the discussions, Mr. Rafiekian raised the firm's representation of Inovo and issues related to the research conducted for Inovo concerni_ng Mr. GUI en and Turkey. Flynn Intel Group also oversaw outreach, which was conducted by the public relations firm, to a state government official in Arkansas. Pursuant to its contract with Inovo, Flynn Intel Group infotmally engaged a group of individuals (independent contractors) to foflll a film and production crew for the purposes of producing a video documentary based on its research associated with Mr. GOien. The activities included a couple of videotaped interviews and other initial development of content. Because the contract was not extended, the full scope of anticipated work was not performed and, to the best of Flynn Intel Group's current knowledge, the video wa:s neither finished nor disseminated to any third parties. S.G.R. LLC Government Relations and Lobbying created a Gtden-thetned monopoly graphic at the direction of Flynn _Intel Group. To tbe best of its knowledge, Flynn Intel Group did not disseminate this document or associated research (other than to Inqvo). In late October and early November 2016, Gen. Flynn of Flynn Intel Group developed an op-ed article based,-in part, on the research conducted by Flynn Intel Group under the Inovo engagement. The op-ed was not written or published at the request of, or under the direction or control of, Inovo, the Republic of Turkey, or any other party. No compensation was received for the publication of the op'.'ed. In addition to Gen. Flynn, Bijan Rafiekian and an editor, Hank Cox, participated in the drafting. Inovo, Mr. Alptekin, and the Republic of Turkey did not participate in the drafting. Nonetheless, the op-ed addresses subject matter related to the research that Flynn Intel Group conducted for Inovo, and a draft of the op-ed was shared with Inovo in advance of publication. No changes, other than technical edits, were made to the op-ed based on feedback from Inovo. To the best of our knowledge, lnovo did not communicate with the Republic of Turkey regarding the op-ed or provide the draft op-ed to the government. S.G.R. LLC Government Relations and Lobbying assisted Flynn Intel Group with placement of the oped with The Hill publication. Item 14 Payments received by Flynn Intel Group in connection with the project and purpose based on information contained in Flynn Intel Group's general ledger and accounting records. 09/09/2016 1Q/U/20l6 1l/14/20J6 IDQYQ_BV_ Inovo.BV _ $200,000.00-. $185,000.00 $145,000.00 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000357 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 61 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM ltem 15 Disbursements by Flynn Intel Groijp in connection with the project a.nd purpose ba_sed on information contained in Flynn Intel .Group's general ledger and accounting records. Bob Kell~y _ _ _C_ons_ul~n~y F(?e__ ____ ___ _ _ _- _ __ _ $2,500.00 - $2,500.00 Cons·ultancy Fee Bob Kelley $5,000.00 _Bob JS.elley_ .Cgn~ult~ncy_ Fe~ -Btian McCauley. Consultancy Fee $5,000.00 Brian McCauley Consultancy Fee $3,000.00 Brian McCauley Consultancy Fee $~,000.0Q --·---$i5,000.00 8rian McCauley Consultancy Fee 12/05/2016 ()9/19/2016 Carl Pilgram _Admjnistrative St1pport . $4,000.00 - ----·. . $4,00<fO(f Carl Pilgtam Administrative Support 10/25/2016 Carl Pilgram Administrative Support $4,000.00 11/16/2016 $1,700.00 Videography David Enders 10/11/2016 David Enders Videography _ $850.00 10/11/2016 .. ----. --·- -Vicfeogiaphf f2/02/2() 16 David Endei·s $850.00 . - "$3°00:00 Editing Hank Cox 12/02/2016 $40,000.00 9/_13/201 (i Consultllll<;y Fee I11ovo --·BY ... Consultancy Fee $40,000.0Q InovoBV f0/i1120l6 09/13/2016$4,000.00 _l\1ifhael G. Flyrm _ _Acitnini_strative Support Michael d. Flynn Admirtisirative-~fopport $4,()00.00 10/21/2016 - . ---11/22/2016 Michael G, Flynn Administrative Support $~_,OQ0.00. ' 10111/2016 Mike Boston Consultancy Fee $ 8,000.()() f0/1412016 - -- -- ·----Mlke Boston- --C:onsultancy Fee $8,000.00 ---·- Mike ·Boston Consultancy Fee ---11/21/2016 $8,000.00 -·-·· ---·-· -$20,000.00 11/10/2016 Consultancy Fee Oper~tional Behavioral Setvkes ----·Paul Becker . ·Consultancy Fee 10/i3/20f6 $1,500.00 -----· -· ·. $6,000.()0 ConsultM).cy Fee 11/22/2016 Paul Becker Interview 10/12/2016 $1,ioo .. - - Rudi ---- ·- -· ---Bakhtfar -- - ----_1_()/J"t/iQJ6 -· - - SGR.LLC ---- ---- J>ii&1k Affairs $15,000.00 .. - ·.Public Affairs 10/24/2() 16 $10,000.00 SGRLLC Pµt,lic Affairs 11/1q/201 (> $15,000.00 SQRLLC -- - --- ··--·-··-·White Canvas Public open source research $7,500.00 10/05/2016 GrQup - --- ----·-· Public open soutc.e research···-· White Canvas $7,500.00 12/16/2016 . .OfQllP - ---· --------·---- ---· 10/14/2016 10/31/2016 11/21/2016 -· . --- 10/04/2016 l0/13/2016 11/14/2016··· . .. ·--- . ·-·· .. . ... ... .. ·-·---· .. .. -·· .. .. ... . .. .. ,.- ··- . .. -·· . . . . ·- ... ··- .. .. ·--· .. C ... . .. .. -·-··· .. . . .. ... .. .. Received by NSD/FARA Registration Unit 0'.3/07/2017 6:0Z:45 P.M US_v_Kian_00000358 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 62 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM Items 16-23 Putsu.ant to the contract between Flynn Intel Group and Inovo BV, the parties anticipated that Flynn Intel Group would engage a public relations firm, Sphere Consulting, and engage a film production crew for the creation of a video. The public relations firm (S.G.R. LLC Government Relations and Lobbying) was engaged but the video wa.s Qot completed or disseminated, to the best of our understanding. The budget for these activities was reflected in the engagement contract with S.G.R. LLC Government Relations and Lobbying; no separate budget related to informational materials. Because this is a retroactive registration prepared after Flynn Intel Group had already begun to close operations,· this registration is based on documentation currently available to Flynn Intel Group. If addit.ional televantinfotntation is . later identified, Flynn Intel Group will amend its registration. · Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000359 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 63 of 72 Short Form Registration Statement Pursuant to the ·Foreign Agents Registration Act of 1938, as amended U.S. Depart_11_1e1_1t o_f J.us_tice \Vashington. DC 20530 INSTRUCTIONS. Each p_artner, otnc_cr; director, associate, employee, and agent of a registrarit is required to file a short fom1 regiStration statement w1l~ss he etlgages i_n l)O ~t.ivi_t_ies iD fuith~ran~ of the i_nt~_eSts ofth~ regis_trarit's fore_ign_ prin9.ipal or' .unlj!ss ,ihe s~~i.ces tie renders fo ip.~ r~gistrai:it · are i_n a secrc_truial, ~Jerical, o.r in a re_lat_ed qr-s_imi_lar capae:ity. Coi:nplian_ce is a~complish_ed by fi_Iing an el_ee:tronic shprt fo11_11 registratJo~ stat~m.ei:i,t at bJ__tu;//wwv. for..1.1.&QY· 1 Privacy Act Statement. The filing of this ~ocument is required _for th_e Foreign Agent,; Registration Act of 1938, as amended. 22 U.S._C, § 611 et seq.• for the purposes of registration under the Act and public discl9sure. ·_Provision of the information requested is mandatory•. and failure to provide the information is subject to the penalty and enforcement provisions established:_in Section 8 of the Act. Every registration statement, short fonn registration statement_. sU:pplemental sta~ment exhibit, amendJ;nent. copy of informational m~terials or other document or infotmation filed with the Attorney General under. this Act is_ a_public record open to public examiii'ation, inspection and :copying during the posted business hours of the Registration_Unit in Washington, DC. Statements are also'.available·online at the Registration Un.it's webpage: http://-www fara.,:ov. One copy of every such document, other than infonnational materials, is automatically provided to the Secretary of State pursuant to Section 6(b) of the Act, and copies of any and all documents are routinely made available to other agencies, departments and Congress pursuant to Section 6(c) of the Act. The· Attorney General also transmits a semi-annual report to Congress on the administration of the Act Which liSt,; the riames of all agents registered under the Act and the foreign prin"cipals they represent. This report is aVailahle to the J:lublic a·nd online.at: http·//www.fara.gov. P~blic Reporting Burden. Public reportillg bllrden for this collection ofinform-ation is estima_t~d to aVerage .429 hours pe_r response, includ_ing the time for reviewing-instructiOns, searching eX.istif1.g drita sources, gathering an_d maintaining the data n~eded, and compl~tii:ig and rev_i~wing t_h_e collec..'lion of inforrilation. Send conimcnts regarding this bur~_en estimate or any otp~r aspecJ_ o(lJlis collection of i_nfo_nnation, including suggcstic:ms forre_ducing this burden to Chief,_Registration Un_it, Counterespionage Section, National Security Division. U.S. Departmen_t of Justice. Washington, DC 20_53-0: and to the.Offic_c Of Jnfonn~ti~n-_and _Rcgul.1:tor')' AJfa_irs. O(fice o.fM~agcl}lent"and Budge'_t,'Washington, DC 20563. · I. Name 2. Registration No. 6406 Lt. Gen Michael T. Flynn (Ret.) 3. Resi_dence Address(es) Provided separately to the Department ofJustice. 4. Business Address(es) 44 Canal Center Plaza, Alexandria, VA 22314 5. Year ofBirth 1958 6. Natfonali,ty If present citizenship was not acquired by birth, indicate when,. and how acquired. U.S. GOVERNMENT EXHIBIT Present Citizenship U.S. 7. Occupation Consultant 64 1:18-CR-457 8. What is the name and address of the primary registrant? Name Flynn Intel Group, Inc. . Address 44 Canal Cent.er Plaza, Alexandria, VA 22314 9. Ind~cate your connection with the primary registrant: D partner D officer D other (specijj,) 181 d_if~~t9r D associate D eriiplciyee D agent D consultant D subcontractor 10. List every foreign principal to whom you will render services in support of the primary registrant.. lnovo8V · I I. Describe separately and in detail an services which.you will render to the foreign principal(s) listed in Item IO either direcily. or through the primary registran't list.ed in Item 8, an.d ih.e date(s) of such se_rvices. (If space is insufficient, a full insert page must be used) See attachment. FORM NSD-6 Revised 03/14 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000363 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 64 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM J2.. Do any of the above described services include political activity as defin_ed in Sectio"il l(o) o_fthe Ac_t ll!ld in the footno~ bel_ow? Yes 181 No D If yes, de.scribe separately and In detail such politica_l activity. See response to item 1 1. 13. The services describei:I in Items 1rand 12·are·to betenaered·o,fa ·-- ·· D full time basis 181 part time basis D special basis 14. Wh_at. con}.pensati_olJ or·thi_ng ofyalu.~ ~ave.yo_u re~e_iv~ to date o_r will you ~eceiye for the aboye s_ervices? D Salary: Amount$ 181 . per D Commission at % of _ _ _ _ _ __ Salary: Not based solely on services rendered to the foreign principal(s). D Fee: A_mount $ D Other thing of value _ _ _ _ _ _ _ _ __ 15. During th_e perio_d b_eginni_ng 60 days prior to the date of your obligation to register to the time of filing this statement, did you make any contributio:ns of (non·ey qi: ot~_er t_~i~gs of Value {r:ofu yo.Ur own.fu.ndS or: possessio.rls·ar:id o_n your OWIJ behalf in connection with any eleciion to politicaJ office or in cont1eC_tion With any primary election, col1V~ntion, or c:a.~C.lis ~eld to seJ_e_ct candid.ates for any political office? Yes D No 18] If yes, furnish the following information: Date Am_ount or Thing of Value Pol_itical Organ_ization or Candidate Location of Event EXECUTION In accordance with 28 U.S.C. § 1746,.the undersigned swears or affirms under penalty of perjury that he/she has read the info_rn1a\fon set forth in th.is registration statement and that he/she is familiar with the contents thereof and that such contents are in their entirety true and accurate to the best ofh_is/htfr '5:nowl~dge c_U1d·belief. March 07, 2017 (Date ofsignature) Is/ Midiael T. Flynn --------------(Signafure) eSigned FoOtnlitC'. "PoliticriJ"aCtivity," aS definC"d in SCction I( o) Of the Act, means any activity which the pe_rson engaging in be_lie:-1~s wil Lor that the person i_ntends to, i_fl any \ray influence any agency or official of the Government of the Uniled Slnlcs or any section of the public wilhin the United States with reference to fonnulntin""g, adopting. M changing the domestic or foreign policies of the United Stat_es or with reference to the political or public interests, policies, or relations orn government ofn foreign country or a foreign political party . . . . . Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000364 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 65 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM Flynn Inte.I Group, Inc., Short Form (Fly,:in) Attachment Item I I Flynn Intel Group was tasked to perform investigative research for a specified scope of wo.rk using its laboratory team of senior defense, ciiplOmacy, deveiopment, and intelligence professionals over a threesmonth period. Flynn Intel Group was to retain an experienced filmil)g and production crew in order to develop a short film piece on the results of its investigation, and a public affairs firm to utilize for public affairs as needed.. Flynn Intel Group !Jeld weekly calls ~ith the client to report engagement progress. Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000365 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 66 of 72 Received by NSD/FARA Regi,wiru>n1Im1i,Q~/;Q7£.?,-Q!J.2&i;fl2:45 PM Short Form Registration Statement Pursu11-_nt·to the Foreign Agents Registra_tion Act of 1938; as amended u.s, Department of Justice Washington. DC 20530 INSTRUCTIONS. Each partner. officer, director, associate~ emj,loy~. and agent of a i:cgistrant is rc_quir~d to fiie a _shol_'t form tegist:r:ati_on statement W1iess he engages in no activities ifl furtherance of the inte~sts of th_e registr_ant's foreign prin_cip.i]_ or unl.ess t_~e seryices he rende_rs to the registrant are·in a secretarial, clcri_cal, or in a relat.ed or sim_ilar cap<l;city. Compli_anc_e is acpomplished by tili_l)g an electroni_c short fonn registration statement a:t bHv.;.LLY.v\\'""' fonL.cm::. Privacy Ac~. StatemenJ. The filing oftljis__~_ocuQient is re_qu_ired for the_ Foreign Ag~nts Registration Act of 1_!{38, as amend~ 22 U.S.C. § 61 t et seq., for the purposes of ~eg.istration under the Act and public disdosure. Provision of the infonnation requested is mandatory. and failure to provide the infonnation is subject to the penalty and enforcement provisions established in Section 8 of the Act. Every registration statement. short fonh registration state!Jlenl, supplementol statement. exhibit, amendment, copy ofinfonnational materials or other document or infonnation filed with the ~ttomcy General under this Act is a public record·open to public examination, inspection and copying dUrin-g the posted bUSiness hours of the Registration Unit in Washington. D.C. Statements are also available online at the Registration Uti.it's Webpage: htLp·//\\·ww.fora guy. One copy of every such documen_t. other than informational materials, is automatically provided to the Secretary of State pursllant to Section 6(b) of the A~t, and copies l)f any and all documents arc routinely made available to other age1icies, departments and Congress Pursuant to Sc~tion 6(c) of the A.Ct. The Attorney General also transmit,; a semi-annual report to Congress on the administration of the A~t Whi~ lists the: narn~s of a_lI agen_t,; regis~ered Uf}der the Act and t'he foreign principals they represent. This·repOrt is availab_lc to the public _and onlin~ at: httw//w\'t:}V fora i;ov. Public Reporting Burden. Public reporting burden for this collection of infonnation_ is estin_,at_ed t_o a:verage .429 hours pe_r response. including lhc time for reviewing instructions. seaTChing existing data sources, gathering and m_aintaining the dataneeded, and completing and reyiewing the collection of infonnation. Send comrne_nt,; regarding t~is burden estim.?,te Qr.any other aspec't of this collection of infonnation, in_cluding_~uggestions for redllciti'g this burden to Chief," Registration lJf}i,t. C_oy.nter.espioryage Sect_ion, National Security Division,, l;J.S. Dcpartrnerit of Justice, Washington. DC 20530; and to the Of(i_ce of J~f()rrnatio_n an_d Regulatory Affairs. Office of Management and Budget. Washington, DC 20503. I. Name 2. Registration No. 6406 Bijan Rafiekian 3. R_esidence Address(es) _ Provided separately to the Department of Justice. 4. Business Address(es) 44 Canal Center Plaza, Alexan·d_ria, VA 2_2314 5. Year ofBirth .19·52 6..lfpr~s.erit .citi.zerishjp was not acquired by birth, indicate When, and how a:ccfllired: Nationality U.S. GOVERNMENT EXHIBIT Present Citizenship U.S. 65 7. Occupation Consulta_nt 1:18-CR-457 8. What is the name and addre.ss of the primary registrant? Name Flynn lntei Grou·p, Inc, 9. Indicate your connectiOTl-Witlfth"e primal)' 0 partt:1er 0 officer 0 other (.,pec!fy) registrant: lg) 0 director assoc:i_ate 10. List every foreign principal to Whom'you·wiirrefider lnovoBV Address 44 Canal Center Plaza, Alexandria, VA 22314 0 employee 0 agent 0 consultant 0 subcontractor services m-supp·orcortne-priin'afy regiStraht. 11. Describe.separately and in cietail all services which you will render to the foreign principal(s) listed in Item 10 eithO:r din,.ctly, or through the primary registrant listed in Item 8, and the date(s) of such services. (ff space is insufficient, afa/1 insert page mu,·t be used) See,attachment. FOR_M N·S1).6 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM Revised 03/14 US_v_Kian_00000360 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 67 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM 12. Do ariy of the above described services incliide poJ.itical a9tivity as defined i.n Secti.on l(o) of the Act aiid i_ri th_e footricite below? Yes 181 No D If yes, desfribe separat_ely an_d in detail su.ch poHtical activity. See response to item 11 . . 13. ·rlie services desctioed in Items Ir ana 12 are to be rendered on a D full time basis 181 part time basis D special basis 14. What compensation or thing·ofvalue have you received to date or will you receive for the above services? D Salary: Amount$ per D Commission,at 181 S_alary: Not based solely on se_ivices ren_dered to the foreign firincipal(s). D Fee: Amount$ % of _ _ _ _ _ __ D Other thing of v a l u e - - - - - - ~ ~ - - 15. During the period beginning 60 days prior to the date of your obligation to register to the time of filing this statement, did you make any contributions of money or other things of value from your own funds or possessions and on your own behalf in conn_ectfon WiJh a~y elec~jo·n to pc;>l_iJical office or in con,neCt_i.on with any primary elect_ion, conyention, or caucus· held to select candidates for any political office? Yes D No 18) lfy~s. furnish the foflowing information: Date Amount or Thing of Value Political Organization or Candidate Location of Event EXECUTION In accordance with 28 U.S.C. § 1746, the undersigned sw=.s or affirms under penalty of perjury t.h:at h_e/she has read the information set forth in this registration statement and that he/she is familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her knowledge and belief. March 07, 2017 (Date ofsignature) /s/ Bija_n Rafiekian ~-------------(Signature) eSigned Footnote: ''Political activi_ty.~·ns defined in Si:ction l(o):ofthe'ACt,"meaflS.any-ndivity'\VhiCh"thc-pers-on-eii£3"giil~fin·be1ieve·s Will. 'or'th"iit the person int.elld.itO, in any i.\'ay influence any ngency or official of the Govenunem of the United·States or any se_ction of the public .within the Unit_ed States with reference_ to formulating, adopt mg, or changing the domestic or fori:ib'fl policies of the United Stnlc:s Or \vith retCrence to the j:iolitical or public interestS, policies, or"ielatioOS Ofa goveirnmCnt ofn tOreign cOuntry or n foreign politicill party. Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM US_v_Kian_00000361 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 68 of 72 Received by NSD/FARA Registration Unit 03/07/2017 6:02:45 PM Flynn ItJtel Group, Inc., S,hort PorffJ (Rafieki.an) Attachment Item II Flynn Intel Group was taskeg to perform investjg11tive research for a specified scope of work using. its laboratory team of senior defense, diplomacy, development, and intelligence profession_als over a ~h.ree-month perigd. Fly1111 I_nteJ Group was t9 ret,iin an experienced filming and production crew in order to develop a short film piece on the results of its investigation, and . a public affairs fi_rm to utjl(ze for pµtilic l!,ffairs as ne:eded_. Flyn_n Int.el Group held weekly cafis with the client to report engagement progress. Receiveq by N:SPIFARA Registration Unit03/07/2017 6:02:45 PM US_v_Kian_00000362 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 69 of 72 GOVERNMENT EXHIBIT 67J 1:18-CR-457 Case 1:17-cr-00232-EGS Document 150-1 Filed 01/07/20 Page 70 of 72 GOVERNMENT EXHIBIT 90 1:18-CR-457 Case Document 150-1 Filed 01/07/20 Page 71 of 72 LTG (Rea) Michael November 30, 2016 Rage 2 Te assist as in determining whether you, the Intel Greup, and/or other indivicluals or entities have 35} ebligation regtster uncle: FARA, ?we: requeat the fellowing infermatien and dacments: (1) a copy of any "writtm agreemen?s) er, in the absence of a written agreement, a full descriptien at? the tame and of any oral agreement(s), bemcan yea {er Intel Greup) 8113(1th Govemnmt 0f Turkey, Kamil Ekim Alptekin, the Turkish~American Easiness Camel}, miller {new (2) a descriptim of the activities, if any, that yet: studies}: Intel Greta}: have engaged i3} the: services, if any, yen andfer latest Gmup have provided to the Govermnent 0f Turkey, Kamii Ekim Alptekirx, the Turkisthmerican Business (Jewell er [nova anti (3) copies of emails and other ecmmunicatiens, if any, between you (or aeyone else at Fiyxm Intel (Emu?) amt the Gsvemmem {3f Turkey, Kamil Ekim Alptekia, the TurkighmAmerlaan Besinees Comcil, andt?er Inevo BV in connectien with Nevcmber 8, 2016, ep?ed ?21 The Hill. In addition it) the infennatien requeste? abeve, please regpond t9 the fellowing questions: I) At any time garter or subseqmnt to the: Nevembcr 8, 2016, xeta-ted in The H523, did you 01' anyene else at Intel Group have any cammunlcatiem wz?th any af?c?al in the Turkish Govemment (31* Mr, Alptekjn regarding the egg-ed? If yes, please describe- the: nature and mutant 015? Such 2) Te your knowledge, at my time prim 0r subsequent t0 pubiicatien 0f the amped, did Mr. Alpteldn cs; anygne else asseciated with {movie 8V have any conzmunicatious with any artificial in the Turkish regarkling the oped? 3) Other that: yaumelf, who was invelved la the preparatian 9f the ep?etl? 4) Did any efficlal in the: Turkish Gwemmt, anyme eating en behalf 0f the Turkish Gevemment, ask or direct that the asp-ed be written, {32* have any inveivement in the preparatien 0f the opmed? If yes, phage explain. 5) Did the: Tarkish Government, 01* 312376116: acting on its behal? receive a {>pr of the appeal (er a theft {harem} price: to its publicatim? 6) Did you, :31? any other person or entity, twelve my cempeasatlon for writing the opp-ad? If m, whe was the seurce 0f that cempmsatim? The: lnformatien and decaments requested above will assist in informing (3311* determination of Whether 3/03. or ether parties are required to reg?ster purguant to PARA. lf you passage any additienal notes, emalia, 9r ether decumente pertimnt t9 the quegtians abeva, er othemise pertinent ts our aseessment ef whether yet: or ether parties. are requlred in register under please provide: 113 with such infermatien. US_v_Kian_00038799 Case Document 150-1 Filed 01/07/20 Page 72 of 72 LTG (Rea) Michael November 30, 2816 9age 3 If yen have any questiem, {31? would [?lm to meet to discuss this matter, pii??a?f? contact me at (202) A responge i5 requeeted within 30 daya ef the date thhia fatter. We leek ferward your prompt and thorough response to our izzquiry, Sincerely, . maths? H. Hunt Chief; PARA Regietratim Unit cc: Rebm; K. Keilay General {30133381 Intel Greup, Inc. US_v_Kian_00038800 Case Document 150-2 Filed 01/07/20 Page 1 of 38 Attachment 2 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 2 of 38 Grand Jury lnformation UNITED STATES DISTR]CT COURT EOR THE EASTERN DISTRICT OE VIRGINIA (A.l-exandria D j-vision ) x In re: GRAND JURY x Grand Jury No. 18-2 United States Distri-ct Court for the Eastern District of Virginia 401 Courthouse Square Alexandria. Virginia 22314 Tuesday, J:-:ne 26, 20L8 The testimony of MICHAEL FLYNN was taken in the pre se nce of a fu.ll quorum of Grand Jury 18-2, commencing at 9:53 a.m , before: P. GiIIis Assistant United States Attorney James Evan N, Special Turgeon As s.i stant United States Attornoy - € (= r-- ,\) Grand Jury lnformation Dlversifled Reporting SeMces, lnc. 1426 Duke Street Alexandria, Virginia 22314 (202) 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023424 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 3 of 38 2 PROCEEDINGS 1 2 Whereupon, M]CHAEL ELYNN 3 4 6 was ca]-l-ed as a witness and, after being first duly sworn by the Eoreperson, or Deputy Eoreperson, of the Grand Jury, was examined and testified as follows: EXAMI NAT I ON 1 I BY MR. TURGEON 9 o Can you please 10 A Michaef E1ynn. 11 O Are you a retired U.S. military officer? l2 A Yes. 13 O What branch t4 A 15 I6 T1 18 did you serve in? At what position did you retire from the Army? I was a fieutenant general and director of the A De fense Inteffigence Agency. What is the Elynn Intel- Group? o A 20 0 spelled It's a consulting advisory group. Was the Elynn Intel Group also known as A Yes, 23 0 Who were the people who played the most active part of the business of A FIG, E- I -G? 22 25 name? o 19 2L tell us your EIG ? Myself, Bijan Kian. There were others but those Diverslfled Reportlng Servlces, lnc. 1426 Duke Street Alexandria, Yirginia 223 14 (202) 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023425 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 4 of 38 3 1 were principall-y the two peopl-e that pfayed the most active 2 rofe. 3 4 Is Bijan Kian also the name Bijan Raf i-ekian ? Q 5 6 1 I 9 10 11 l2 13 74 15 16 r'7 18 1-9 20 2l A Yes. Q A What was your known or does he also go by role position with EIG? I was the CEO. Was Mr. Rafj-ekian also an officer of EIG? 0 A He was. He was the vice chai.rman and held a coupl,e of other roles, Q Are you aware of a project concerning Turkey that FIG performed during the summer and fafl of 2016? A Yes. did you first become aware of that project? Bijan came to me and mentioned that he had an associate that he knew that was interested in using our company to support a project. Q Who was that associate? A It was a gentleman by the name of Ekim Alptekj-n. Q Who is Ekim AJ-ptekin? A Ekim is a person f came to know through Bijan. Q A How 24 is a Turkish member of the Turki sh-American Busi-ness Counci.I . And I mean, you know -- f mean, he's got some other background but thatrs pretty much my knowledge of 25 h 22 23 He im. Dlyersified Reporting Sewices, Inc. 1426 Duke Street Alexandria, Yirginia 22314 (202\ 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023426 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 5 of 38 4 1 2 Q what stage was the project at when Mr, Rafiekj-an approached you about it? 6 A It was at the, 1ike, stage zero. I mean, basically it was initial. Q Durj-ng that conversation with Mr. Rafiekian, did Mr. Rafiekj-an te1I you he had already spoken to someone 1 about the proj ect ? 3 4 5 8 9 10 11 L2 14 15 1-6 t1 18 19 A Bj-jan had mentioned that he had spoken with Ekim. Before the project what relationship if any did 0 Mr. Rafiekian have with Mr. Alptekin? A I understood that they had a refationship through a commission, the Nalruse Commission, that Bijan is part of. And I believe that they knew each other from other just previous interactj-on, but I prj.ncipal-1y believe that's where they knew each other. Q Are you aware of Mr. Rafiekj.an communicating with Mr. Alptekin about the project? Yes. A Q A How do you know those conversations took place? 24 Bijan refated to me that he had been engaged or speaking with Ekim about this, you know, li-ke I said, the initi-al stages and had spoken to him at Ieast a couple of times about i-t. Erom the beginni-ng of the project what was your 0 25 understanding about on whose behaff the work was goj-ng to 20 2l 22 23 Dlverslfled Reportlng Servlcec, Inc. 1426 Duke Street Alexandria, Virginia 22314 (202)- 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023427 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 6 of 38 5 1 2 3 4 5 6 1 I 9 10 11 L2 13 l4 15 L6 t7 18 L9 20 2l 22 23 24 25 be performed? I think at the -- from the beginning j-t was always on behaLf of elements within the Turkish government. Q Would it fair to say that the project was going to be principally for the benefj.t of the government of Turkey or high-ranki-ng Turklsh officiafs? Yes, yeah. A Q Where did you get that understanding? A Erom conversations I had with Bijan and just A various emaiJ- engagements that we had had early on about whether or not we were going to do this thing. official-s involved with the project? They were. They definitely were aware of it and they had acknowledged, or we were told that they had acknowledged that we were invofved. So I guess, I mean you could in terms of rephrasing the question or whatever, but I -- they were definiteJ-y aware of the project. I mean, you know, you asked that they were directly involved but -Q A lr]ere Turkish Q So do you know who the Turkish government official-s were who were involved in the project? A I met two eventually and I saw names on var.ious email-s that Bijan or Ekim had sent. Q Who were the two that you met? I met the Minister of Eoreign Affairs and I met A -- and I don't know exactl-y what his ministry was, but he Diversifled Reportlng Servlces, lnc. 1426 Duke Street Alexandria, Y tginia 2231 4 (202) 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023428 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 7 of 38 6 13 the son in Iaw of Erdogan, the presi.dent. Q Did he hofd a ministry-Ievel position in the Turkish government ? A I befieve he did. Yeah, I befieve he did. I befieve he did. Q Do you know whether Mr. Al-ptekin had any relationship with those Turkish officials? I beLieve that he did, just based on information A that Bijan had provided me as well as just emails that I had seen about his engagement with senior government officiafs in Turkey. Q In connectj.on wj-th the project did Mr. Al-ptekin have any role in interactj.ng with these Turkish government 14 offi-ciaIs? 1 2 3 4 5 6 1 8 9 t0 11 L2 15 was A Yes, he did. 18 Q How do you know that? A Again from same sort of a -- the various interactions, his feedback to us. And some of it was 1.9 re1ayed to me via Bijan, others were, you know, emails that 16 L1 2l I saw where he had been -- he had just recently spoken to or met with senior government officials, you know, about 22 this proj ect. 20 MR. TURGEON: Woul-d you and 23 Mr. Alptekin -- BY MR. GILLIS: 25 Q Sorry, And what was it that he woufd refate in Dlverslfled Reportlng Servlces, lnc. 1426 Duke Street Alexandria, Yirginia 2231 4 (zo2) 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023429 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 8 of 38 l 1 2 3 4 5 connection with these di-scussions wi-th Turkish offici-afs? A Yeah. Their awareness, their acknowledgement that we were engaged, that we were involved with this, that we were looking at conducti-ng the project. I would even say at .Ieast at that point they seemed satisfied. BY MR. 6 TURGEON: L4 Q Woufd you and Mr. Alptekin have regular cal-1s about the proj ect ? A lle set up conference cafls with our group and Mr. Alptekin. What was the purpose of those calls? 0 A They were basically for us to provide updates to him, where we were, various aspects of things that we were doing on behaff of the project, and afso he woufd give us 15 feedback. 16 Q What sort of feedback did Mr. Alpteki,n provide? A Based on what he had, you know, what was going on, h is feedback was acknowledging where we were at but also providing us insight lnto, you know, the sense of the senior official-s of the Turkish government, how they viewed it and how things were going. 1 8 9 10 11 L2 13 l1 18 19 20 27 22 23 25 did ment j-on you did discuss Turkish government officials -A Yeah. Oh, yeah, on those -Q So you 0 -- on those caLls? Dlverslfled Reportlng Servlces, lnc, 1426 Duke Street Alexandria, Y tginia 2231 4 (202\ 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023430 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 9 of 38 B 2 A Yeah, there was a couple. There was, you know, three or four cafls that we had over a period of probably 3 two months. 1 4 5 6 1 8 9 Mr. Rafiekian always a part of those calfs? Yeah. He usually set them up. Q During your initia.I conversation with Mr. Rafiekian about the project what did you understand the principal- focus on the project to be? The principal focus was really about, you know, A Q A Was t1 sort of at the high-Ievel it was about the relationship between the United States and the government of Turkey. It was about the climate between the two countri-es, kind of. We'd always tal-k about Gulen as sort of a sharp point, I guess if you wil1, between that relationship. There was some discussi-on about business climate as weLl-. Q Who is Fethullah Gulen? A He is a Turkish cferj-c who currently lives in the 18 United States. 10 11 72 13 t4 15 16 19 20 21. 22 23 24 25 0 Are you aware of an attempted military coup in Turkey in the summer of A 2076? Yes. history if any does the government of Turkey have wj-th Mr. Gulen related to that attempted coup? A WeIf I think in that respect they, the government of Turkey, you know, put the bLame on Gufen's movement Q What Diverslfied Reportlng Services, lnc. 1426 Duke Street Alexandria, Yirginia 2231 4 (202\ SUBJECT TO PROTECTIVE ORDER and FRE 6(e) 467 -9200 DOJSCO - 700023431 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 10 of 38 9 1 2 3 4 5 6 1 8 9 10 11 t2 13 l4 15 76 1.'1 18 L9 20 27 22 23 24 25 inciting that Q coup. Who was the president of Turkey at the time of that attempted coup? A Erdogan. Q Is Mr. Erdogan stil-l the president of Turkey? A He is, yep. Q What was the principle focus of the work product that EIG did produce on the project? A The eventual- work product or products that we had come up $/ith was reafly focusing on Gu1en. Q Was any work done on researching the state of the business cI j.mate in Turkey? A Not that I'm aware of or none that I recafl. Q Were there any meetings hefd with U.S. businesses or business as sociat ions ? A None that I'm aware of. Q Was there any work done regarding business opportunities and investment in Turkey? A None that I'm aware of. Q During the project did you ever hear of the country of IsraeL mentioned in connection with the project? A I don't. I don't recaLl that in any of the conversations we had. I mean f, you know, it may have come up but I don't recall it. BY MR. GILLIS: Dlversifled Reportlng SeMces, Inc, 1426 Duke Street Alexandria, Yirginia 2231 4 (202\ 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023432 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 11 of 38 10 1 2 3 4 Well let's. just to be clear, General, we donrt Q want you to guess or specufate. A conversations about BY MR. 5 6 7 I 9 10 11 t2 Yeah, no, and I really don't recall any Q f srae.Ii A f srael con.ing up. TURGEON: During the project dj-d you ever hear that company would an benefit from the project? I don't. Q Did Mr. Rafiekian provide updates to you about the project ej.ther by email or orally? A He did. Q Did he ever mention to you that the project had 74 significantly changed in any way? A He d.id not, no. No, we pretty 15 same t rack. 76 Q Did he ever mention to you that the prj-ncipal beneficiary of the project had changed? A He did not. He did not, no. 13 71 L8 BY MR. GILLIS: 19 20 2t )) Q A 23 Q A 24 O 25 much stayed on the So woufd The principal beneficiary -- WeIl I mean, early on there was a discussion -Let me finish -Sorry. Let finish the question if you would, Gene.ral-. it be fair to say, as you testi-fied earlier, t hat me Dlversifled Reportlng Servlces, lnc. 1426 Duke Street Alexandria, Yirginia 2231 4 (2O2) 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023433 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 12 of 38 11 6 the principaf beneficiary was the government of Turkey? A Yes. Q Or these high-government official-s? A Yeah. Did he ever mention to you that that prj-ncipal 0 beneficiary or those principaf beneficrarj-es had changed 1 throughout the proj ect ? 1 2 3 4 5 8 No, no. A BY MR. 9 10 11 l2 13 How O Al-p t e kin TURGEON: high up in the Turkish government did have connections A ? I believe he had connections all the way up to the president. And thatrs Mr. Erdogan? l-5 Q A 16 Q How l4 L1 t-8 L9 20 23 24 25 Yes. do you know that ? -- wefl the relationship, at ]east that I saw he had wi. th Erdogan's son in 1aw, so I observed that, and then I woufd just say in the back and forth cormuni cat i ons that we had, that I just assumed that. AMy 2t 22 Mr. BY MR. GILLIS: that son in mentioning earlier? o IS A Yeah, yep. BY MR. l-aw the minister that you were TURGEON: Dlversifled Reportlng Servlces, Inc. 1426 Duke Street Alexandria, Yirginia 22314 (2O2\ 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023434 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 13 of 38 t2 1 2 Q Who provided the initial approval for the proj ect ? 10 In terms of what? I mean approval from like whether or not we were going to do it? Or whether or not it was going to happen? I mean, the approval really came finally from Ekim through an email, and what I reca.l-.I is that he had been, you know -- he had been given the go ahead or the green liqht if you will, and as I remember it, it seemed l-ike that came from the government of Turkey. Q So is it fair to say that the project was taken 11 with the understanding and involvement of Turkish L2 government of f icial-s? 3 4 5 6 '7 8 9 A 13 A Yes. l4 0 Were 15 16 11 18 19 20 2t Turkish government officials involved throughout the proj ect ? A Yes, yes. Q What if anythj-ng did Mr. Rafiekian tell you during the project about how Mr. Alptekin's connections in the Turkish government were involved in the project? A Say that again. Do you 23 reca1l Mr. Rafiekian ever telling you anything during the project about how Mr. ALptekin,s connections in the Turkish government were i-nvolved in the 24 proj ect ? 22 25 Q A Yeah, Bijan would tal-k about how he __ that this, Dlverslfied Repoftlng Servlces, Inc. 1426 Duke Street Alexandria, Yirginia 2231 4 (2O2\ 467.9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023435 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 14 of 38 13 I you know, Ekim is talking about this alf the way at the 2 highest .Ieve1s of the Turkish government, 3 tefl- A 5 6 1 I 9 10 11 l2 So Bijan wouJ-d that. He woul-d relay that to me. Q Is it fair to say that Mr. Al-ptekin acted as a go-between between FIG and Turkish government offi-ci-a1s? A Yes. I'm showing you what's been marked as Exhibit No. 0 2. Have you seen that email before? me A I have, yeah. Q Do you see the f irst J-ine where Mr. Alptekin says, " I met wj-th M,C, and explained. They are 1lke I y to t rave I to D. C. next week"? 13 A Mm-hmm. t4 o "He j-s interested in exploring this serj-ously and I1 it is likeLy he will want to meet with you and M.8." A Mm-hmm. Q Based upon your invoLvement in the project do you 18 know who M.C. 15 1t' refers to? 19 A Yeah, that's the Minister of Foreign Affairs. 20 Q A Are those his initiafs? Q A Who 2t 22 11 24 25 Q A Yeah. is M.F.? Thatrs Oo me. you see the next paragraph? Mm-hmm. Dlverslfled ReporHng Services, Inc. 1426 Duke Street Alexandria, Yirginia 2231 4 (202) 467_9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023436 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 15 of 38 74 I Q Which reads, "We agreed to meet again before he 2 .Ieaves to D.C. and he asked me to formulate what kind of 3 output we can generate on the short and midterm as wel-I as 4 an indicate budget. 5 6 1 8 o 10 1l1.2 13 A " l,lm-hmm, Is that emaj-l- an example of the involvement of high-J.eve1 Turkish government officlal-s in the early stages Q of the proj ect ? A Yep, sure is. Q I'm showing you what's been marked as Exhibj-t No. 3. Have you seen that email before? I have, yep. A Q Do you see on the third line where Mr. Alptekin 15 says, "I met with the M.E.A. and expJ-a.ined our proposed approached. He is receptive and indicated he woufd like to 16 meet with us during hls upcoming vj-sit to D.C."? L4 11 A Yep. t8 Q Based upon your involvement in the project do you 22 the M.F.A. is? A That's the Minister of Eoreign Affairs. Q So ls this email an example of Al-ptekin acting a go-between on the project between EIG and Turkish 23 government off ic ia Is 19 20 27 know who A 25 Q as ? yep. DefiniteJ-y at that ti-me, yep. I'm going to show you another emaif which j-s Mm-hmm, Diverslfled Reportlng Servlces, Inc. 1426 Duke Street Alexandria, Yirginia 2231 4 (2O2) 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023437 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 16 of 38 15 1 2 marked as Exhibit 4. A I Have you seen that email before? have. T1 Q Do you see the first paragraph where Mr. Afptekin says, "I had a Long meeting with the Minister of Economy upon the referraf of M.P.A. Cavusoglu. I explained what we can offer. He agreed to discuss in general fines at the Council of Ministers today and subsequently with P.M. Yildirin in more detaif. " A Mm-hNn, Q Who is M.F.A. Cavusoglu? He is the Minister of Foreign Affairs. A Q And who is P.M. Yildirj.n? A Prime mj-nister, so he's the number two. Q In the Turkish government? A Mm-hmm. Q Is this emai-I another example about Alptekin acting as a go-between on the project between FIG and 18 Turkish government off ic ial L9 Yes. Yep, sure is. Q I'm going to show you another emai.l- marked as Exhlbit 5. Have you seen that email before? I have, yep. A Q Do you see at the beginning of the email where Mr. Rafiekian says, "Ekim, it was my pleasure conti-nuing our conversations today. Genera.I Ffynn and I have 3 4 5 6 1 8 9 10 11 t2 13 l4 15 l6 20 2l 22 23 24 25 s? A Dlverslfied Repoftlng Services, lnc. 1426 Duke Street Alexandria, Virginia 22314 (202) 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023438 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 17 of 38 16 1 discussed broad contours of The Truth Campaign"? 2 A Mm-hmm. 3 O Was 4 A Yes. 5 O Was 6 Truth that email about the Turkey project? the Turkey project Campaj-gn sometimes known and sometlmes known as 8 9 Project Confidence. 10 11 72 13 L4 15 16 11 18 Q A 21 22 23 24 25 refer to the same became proiect? Yes, yep. Early in the project were there any discussions between you and Mr. Rafiekian about potential defiverables Q for the proj ect? A Yes. I mean, we talked about the types of assessments and things that we coufd do. Q What deliverabl-es did you discuss? A We discussed -BY MR. GILLIS: L9 20 Do those terms The The Con f i-dence Project or Project Confidence? A Yeah, yeah. I mean -- yes. Yes, it 1 as Just if you could, I'm sorry, what does 0 "del-iverable" mean to you? A It means to me what in a 90-day period of time for this consulting agreement, what we could actually the thinqs that we couLd actually provide to them. Q do, Okay, thank you. Dlverslfled Reportlng SeMces, lnc. 1426 Duke Street Alexandria, Y irginia 2231 4 (202) 467_9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023439 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 18 of 38 71 1 2 3 4 A At the end of it, yeah. So it ranged from videos to articles, to -- news articles to, you know, attending meetings, and afso providing early on, providing some type of assessment of what we were being asked to look at, a written assessment. BY MR. 6 1 8 9 You ment j.oned news art j-cl-es, Q op-eds TURGEON: did you al-so discuss ? A l,lm-hmm. Sure did . 15 I want to show you what's been marked as Exhibit 6. Have you seen that email before? A I have, yep. Q Do you see the first part of the email where Mr. AJ-ptekin says, "Gentlemen, I just finished in Ankara after severaf meetings today with Min. of Economy Zeybekci and L6 M.F.A. Cavusoglu. I have a green light to discuss 77 20 confidentiality, budget, and the scope of the contract"? A }4m-hrnm . Q Is this email an example of how Turkish government officiafs provided the initial approval for the 2l proj ect 22 A 10 t1 t2 13 t4 18 19 23 24 25 Q ? Sure is. Q Originally what was the planned source of funding for the proj ect ? A Initially I was toLd that the Turkish government Dlverslfled Reportlng Servlces, Inc. 1426 Duke Street Alexandria, Y irginia 2231 4 (202) 467_9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023440 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 19 of 38 18 1 2 3 4 5 6 1 woufd fikely -- you know, may fund it. And then .it changed that it woufd be funded, you know, via different means -- by Ekim' s business, basically. Q Who told you that the Turkish government may fund the project origina 11y? A Bj. jan. Conversations we had. when 8 9 10 11 back that they woufd not fund it, that came Q A Do you recal-J- Q A Where j-s Inovo based? the name of Mr. Alptekin's company? Inovo. It's based in the Netherlands, I believe. It's l2 Dutch company. 13 16 Q When the source of funding changed, what else about the project changed? A I mean, I'm not sure much changed. It sort of stayed on track. Pretty much, it pretty much stayed the l1 same. l4 15 2l did the focus on the project change? From my perspective j.n the early conversations, you know, from a business cfimate bank to real.Iy focus in on Gulen and Gu.Ien's status, I think that it pretty much 22 stayed the 1B L9 20 Q A a How same. BY MT. GILL]S: 23 So general, if 24 Q 25 as a resuft, first I may. of all, did So you I think we're asking is care where the funding Dlverslfl ed Reportlng Servlces, Inc, 1426 Duke Street Alexandria, Yirginia 2231 4 (2O2) 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023441 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 20 of 38 19 1 2 was coming from? A No, no. BY MR. 3 4 TURGEON: To the best of your know.Iedge did the amount of Q 6 that you were to be pa j-d for this project change as a consequence of exchanging from the government of Turkey to 1 Alptekin? I 13 I don't befieve it ever changed, yeah. Q So as a consequence of that change in payment, not over time but just as a consequence of that change and who was going to pay, was there any change to the project? I don't bel-ieve so. Yeah, I don't bel-ieve there A was any change to the project. It pretty much stayed from 14 our initial t5 know, the period of time that we had the contract for 16 didnrt 5 9 10 11 72 L1 l-8 I9 20 2I 22 23 A discussj-ons aII the way through to the end, you change. At any point before or during the project did hear anything about EIG performing a separate project involvj-ng the government of Turkey? Q A you None. At any point before or during the project did hear anything about EIG performing a separate project involving Mr. Alptekin or fnovo? Q 24 A Not that I'm aware of. )q Q At any point before or during the project did you you Dlversifled Reporting Services, Inc. 1426 Duke Street Alexandria, Yirginia 223 1 4 (2O2) 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023442 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 21 of 38 20 I hear anything about EIG performing a separate project 6 involving radical Isfam? A I am not aware of that. Q At any point before or during the project did you hear anything about EIG refunding money to Mr. Alptekin for lobbying or PR, public refations work, that had not been 1 pe r fo rmed ? 2 3 4 5 13 I do not, no. Q At any point during the project dj-d you hear anything about EIG refunding money to anyone in connection w j.th the pro j ect ? A No. Q At some point during the project did you become l4 aware that two payments, each for $40,000, were made from 15 EIG 8 9 10 11 I2 1.6 L1 141 1-9 20 2L 22 23 24 25 A to Mr. Alptekin's company, Inovo? A I do. Yeah, I do remember that. Q Were those palrments refunds for lobbying or PR work that had not been performed? Now that I'm aware of. A Q Were those payments refunds for anything? A WeLI they e/ere for what I believe were services that he provided as a, essentially, advisor to us during this proj ect. Q A Were those payments refunds? I don't befieve that they were refunds. I mean, Diverslfled Reportlng Servlces, Inc, '1426 Duke Street Alexandria, Yirginia 22314 (202\ 467.9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023443 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 22 of 38 2L 1 2 3 4 5 6 1 I 9 10 l1 t2 they were payments to him based on the contract that we had signed trith h im. Q A Q A I'm showing you what's been marked as Exhibit Yep. Have you seen that email before? I have, yep. Q Do you see right at the beginning of the emai.I where Mr. Rafiekian says, I'We are about to be engaged by Dutch client for the above campaign"? A Mm-hmm. Q What does a "the Dutch client" refer to in that emai 1? 13 A That's referring to Ekim -- Inovo. I4 fnovo? t-5 Q A Yeah, yeah. 16 0 So this is about the same Turkey project werve 1.1 7 been discussing? 18 A Yes, yep. 19 Attached to that email is a budget -- 20 Q A 21. O -- on the back or on page 2. 22 A I do. o Is that a draft budget that you received for the 24 25 Okay. Do you see that? proj ect ? A I believe it is, yep. yep. Dlverslfled Reportlng Services, Inc. Af 1426 Duke Street exandria, Yirginia 2231 4 (2O2) 467_9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023444 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 23 of 38 22 1 2 o Are you aware of a meeting for the project that took pface in New York City on September L9, 3 A Yes, yeah. 4 o Was 5 A Yes, yeah. 6 O Who 1 8 9 10 11 l2 13 L4 L6 L1 18 2016? that meeting re.Iated to the Turkey project? attended that meeting? this is the one where Ekim had worked with Bijan to set up a meeting between FIG principals and senror members of the Turkish government. Can you name some of the attendees? o A Yeah. On our side it was Brian McCauley, mysel f, A So Bijan, and Jim !'loolsy. On the other side it was Ekim, the son in l-aw who I just don't recafl his name, but -- and then the Mlnister of Eoreign Affairs. And I believe there was another individual that was with them but I think he was more of a security person. But that was principally, those were the principal- members of that meeting. O Do you recall having met Mr. Alptekin in person 19 prfor to that meeting? 20 I don't. What was the purpose -O A f mean, I may have, but I don't recaLl-. What was the purpose of the neeting? o A The purpose of the meeting was to -- for Ekim to introduce our, you know, FIG principal group to the 27 22 24 25 A I don't. Dlverslfled Reportlng Servlces, Inc, 1426 Duke Street Alexandria, Yirginia 2231 4 (2O2) 467 _9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023445 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 24 of 38 23 1 leadership of Turkey that 2 provide was represented in that room; 3 overview from us to them as kind of what we were doing, what we were involved in; and basically just a meet 4 and greet. 5 6 7 I 9 10 11 t2 13 an And I think that from Ekim's perspective it A show The son in faw did most of the talking. What was the focus of the conversation? 0 A It was, initially it was sort of high levef and then as it went on -- and it was probably a 20 to 30 minute meeting -- it was about, you know, the son in l-aw was 15 16 regarding cu.Ien? t1 18 19 2A 27 22 23 24 25 s that he was -- you know. he had the right people doing this proj ect. Q Who did most of the talking at the meeting on the Turkish side? afso to talking about Gulen in general. Q What was the goaf of the Turkish officials t4 \^ra A They were clearly anti-Gu.l-en. I think their desire was to figure out a way to, basically to you know, get the United States to understand that this is a bad guy, he's affecting the relationship, and that they wanted to get him bac k. Q A They wanted him to be brought back to Turkey? Yeah. I mean they work in various ways to understand how to get him back. BY MR. GILLIS: Dlversifled Reporting Servlces, lnc. 1426 Duke Street Alexandria, Yirginia 22314 (202) 467_9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023446 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 25 of 38 24 1 2 3 4 5 6 1 I 9 10 Q I'm sorry. Do you know, General, whether up until- that point the United St ates government had taken a position with Turkey about whether they were goi-ng to send him back or not ? A I befieve we did. You know, I mean I don't have the specifics, but I be.l-ieve there was a -- there was certainly discussion about it. Q So before this meeting there had been discussion with the United States government and the Turkish government A l-1 t2 13 14 15 l1 18 19 Q A Don't make an assumption. -- there was a position. Q A Okay. he 2l That was Weff f mean, what I'm saying is it was known that pretty clear. BY MR. 22 25 I was somebody that the Turkish government wanted back. 20 24 I believe so, yeah. Yeah. Sorry, just to clarify. Q Yeah, because when the coup occurred there was A al-I this noj.se about Gulen certainly in the media so I mean, I'm going to make an assumption that there was a 1.6 23 ? o TURGEON: Other than the proj ect, what business or potentiaf business was d.iscussed that meeting? A That's real1y it. I mean, j ust kind of an Dlverslfled Reportlng Servlces, lnc. 1426 Duke Street Alexandria, Virginia 22314 (202) 467_9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023447 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 26 of 38 25 1 2 3 4 ovelvlew o Have you A o A of what we were doing. I'm showing you what's been marked as Exhibit seen that emai.I be fore ? I have. What is the subject line of the email? 8 10 of 20th. Q Do you see where Mr. Rafiekian says, "We don't have the detail-s but we'f.L have it from the cl-ient shortLy. The duration wilf not exceed on hour. As I mentioned, the meeting is with high-IeveJ- audience, cabinet plus level 11 related to confidence 6 1 I 9 72 13 74 15 1.6 l1 a .r September 19th "? \/6^ r!t/. that email concern the on September 19, 2016 -A Yes. O -- that you just discussed? Q Does A Yes, yep. New York City meeting 24 Q After that meetj-ng what conversations did you have with Mr. Afptekin about the project? A I mean, I think just in general how things were going, that he was running it at that point. The various things that we were tafking about doing, were they moving forward, were things moving in the rlght direction, and was the cfient -- in this case, was Ekirn satisfied that 25 everything was moving atong. 18 19 20 27 )) Dlverslfled Reportlng Servlces, Inc, 1426 Duke Street Alexandria, Yirginia 22314 (202\ 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023448 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 27 of 38 26 I did those conversations take place? Emalls with me. It was erther emai] contact, phone ca.ILs wi.th Bijan, and then from about that point we started, you know -- we did these Eriday afternoon, you know, conference calIs with Ekim. Q How often were those conference cal-ls? A They were, I think we probably had three, you know, ish. At feast three I think we had usually on a 9 Eriday afternoon. 1 2 3 4 5 6 1 Q A How 13 Q Who else from FlG participated in these cal-ls? A Usually it would be Bijan. He would set j-t up, myself, and there was somet.imes three or four, or five or f mean, six. It depended on their peopfe's avallability. 1.4 people like Mike Boston, Ryan Mccaul-ey. PauI Becker 10 11 72 15 l6 71 18 l9 20 2I 22 23 24 25 was there a coup.Ie times. So, yeah. Q What was the purpose of these calfs? A It was an update. Update caf1s. Q Update about what ? A About the status of the -- of what we were involved in, what we were doing. You know, we -- there would usualJ-y be a set of talking points that Bijan would prepare. We'd go through the talking points. Ekim woufd give us feedback from wherever he was at. Somet j-mes he was overseas it seemed, and he would give us feedback on his conversations with Turkj-sh government of f j-ciaf s. Dlverslfled Reportlng Servlces, lnc. '1426 Duke Street Alexandria, Yirginia 2231 4 (2O2) 467_9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023449 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 28 of 38 21 Q A 1 2 About the proj ect ? l,Im-hmm. I the subject matter of the work that EIG was performing on the project? A Primarily it was about Gufen. I mean, .it was this -- we did a game. There was talk about the video production that seemed to take, you now, too fong actually, and then just other things that peopfe had been doing in 9 their 3 4 5 6 1 0 What was own areas. So each person would provide, you know, if they 10 11 had done something j-n that period of time between 1-2 conference caIfs, they would tafk about what actj.ons they 13 had ta ken . l1 aII of that work product about Gulen? For the most part I think, yeah. I'd say yes, for the most part. Q What work product do you know of that was not 18 about 19 I don't think there was anything that we had done that had anything to do with, you know, anything efse l-ike business cLimates or stuff like that. Q What did Mr. Alptekin say he was doing with the information you provided him on those cafls? A He was prov.iding it back to his contacts in the 74 15 16 20 2L 22 23 25 Q A Was Gu.l-en? A Turkish government. Dlverslfled Reportlng Services, Inc. 1426 Duke Street Alexandria, Y nginia 2231 4 (2O2) 467_9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023450 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 29 of 38 28 Q A 1 2 3 4 6 1 I 9 10 To which contacts Same ones ? we've been talking about. He woufd mention names or he woul-d mention -- but pretty much the set of characters that we've been di-scussing. That seemed to be his conduit backed j-nto basj-cal-Iy the senior levefs of the Turkish government. Q What feedback did you receive during those calls? A I mean generally, my concern was were we -- you know, were we moving along, was the project moving aIong, and were they generally satisfied. And that's what I r,ras same 1) looking for, because they were paying us. Q When you say, "Were they generally satj-sfied, 13 who do you mean 1t A l4 l-5 16 by "they"? Primarily Ekim because he was the conduit. " He the person that was sort of the direct c.Iient, the face of the client. But I think also the Turkish government. was l1 BY MR. GILLlS: 24 Q He was the conduit for the Turkish government? Is that what -A Yeah, it seemed like that. It seemed fike his conversations with us, you know, his feedback, his interact ions were always about how he was tal. king back to the Turkish, to senior members of the Turkish government, and then he would give us the j-r SENSE of what they fe1t. 25 You know? 18 19 20 27 22 23 Dlversifled Reportlng Services, lnc. 1426 Duke Street Alexandria, Yirginia 22314 (2O2) 467_9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023451 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 30 of 38 29 And I never go the impression that we were moving 1 4 in the wrong dj-rection, and that was really my thing was sort of pop in, get an update, and as long as werre movj-ng in the right direction and they were happy, then I was 5 okay. 2 3 BY MR. 6 1 I Q A TURGEON: I'm showing you what's been marked as Exhibit Yep. that before? Have you seen 10 Q A 11 Q Is that a text 9 l2 22nd, I have, yep. A Yep. L4 0 In the first L6 L1 18 19 20 2t 22 23 24 25 message that you sent on October 2016? 13 t5 9. Iine do you see where you said, "Overalf a very good cal1"? A t4m-hmm. with him early next week during an Amer i can-Turki sh conference in W.D.C. "? may be meeting Q "I A l4m-hmm. Is that a reference to one of the update you had with Mr. Alptekin about the project? I befieve it is. I befieve that this is A response to, you know, our call. Q Q Do you see a few l-ines down in the text cal.l-s a message where you state, "1 walked him through the social media Dlverslfled Repo lng Servlcea, Inc. 1426 Duke Street Alexandria, Yirginia 2231 4 (2O2) 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023452 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 31 of 38 30 1 2 3 4 5 6 1 8 9 10 11 1.2 analysis which he found very interesting and worth talking to the E.M. about " ? A Yep. Q Who is the E.M.? A Eoreign Minister, I believe. Q Is that an example of Mr. ALptekin telling you that he was passing j.nformation about the project to Turkish government of ficia Is ? A Yes, yep. Yep. What written opinion pieces, or op-eds, were 0 publj.shed as part of the project? A An op-ed that was published on Gulen 13 specifical Iy. l4 Q 15 r'm showing you what's been marked as Exhibit 10; do you recogni-ze that 16 A Yep. I1 o what is it? 18 19 20 2l 22 23 2A 25 ? It's an op-ed on kind of what the tit.Le says on cufen, and the crisis going on in Turkey. What was the title of the op-ed? o A The title of the op-ed is, "Our a]ly Turkey is in crisis and needs our support. " Where was that op-ed published? o I mean it was publj-shed in The HiIl here but I A think it also was pubJ-ished in a couple other, you know, A Dlverslfled Reporting Servlces, lnc. 1426 Duke Street Alexandria, Vi$inia 223 I 4 (202\ SUBJECT TO PROTECTIVE ORDER and FRE 6(e) 467 -9200 DOJSCO - 700023453 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 32 of 38 31 1 2 3 4 5 6 7 I publications, but principally The HiIl. Q when was it pubJ.ished? It was published on I be.Iieve November 9th. A Right? Yeah, I think it was November 9th. It was the of the e.Lection. Q Do you see the byline of the article? A Yep, I do, yeah. Q What publication date -A The 8th, the 8th, yeah. Whose name 11 Q A 1.2 0 How 9 10 j.s listed as the author of the op-ed? My name, did you first find out that this op-ed was in 13 the 14 Bijan had sent me a draft of it a couple of A prior, maybe about a week prior. 15 76 71 18 19 20 2L 22 23 24 25 wor ks Q A day ? days did he send you that draft? He sent it to me in an emai-l I befieve. What conversations did you and Mr. Rafiekian How have Q about writ.ing this op-ed before you received that email with a draft of the op-ed? We really didn't have any conversations about A this op-ed. We tafked in general that op-eds wou.Id be a potentj-al- product that we would provide, but we never had any conversations about this specj-fic one. Q Did you sketch out specific ideas for this Dlverslfled Reportlng Servlces, Inc. 1426 Duke Street Alexandria, Yirginia 223 1 4 (2O2) 467.9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023454 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 33 of 38 32 1 2 particu.l-ar op-ed with hirn before you saw the draft A 5 6 1 I Q 11 72 I4 15 16 I1 18 19 20 2L 22 23 24 25 And General, was this op-ed one of the deliverab.Ies for this proj ect ? I feft it was. I felt it was one of the things that we needed to show that we had done something, because we real-J-y hadn't done much by that point. A BY MR. 9 10 No. BY MR. GILLIS: 3 4 ? Q TURGEON: I'm showing you what's been marked as Exhibit No. 11. Do you recognize that? A I do. Yep, I do. Q What is it? A It's a lobbying regj-stration document. Q ]s that a lobbying regj,stration document under the Lobbylng Disclosure Act of 1995? A Yeah, yep. Looks fike it, yep, LB1, yeah. Q on page 2 what is the date of the registratj-on? A September 30th, 2016. Is that the date you're looking for here? The date the registration was signed. 0 A Yeah, so 9-30-2016, yep. Q How did you first come to see this registration? A I be.Iieve that th j.s was sent to me by Bi j an. Q In line 10 of the registration -Dlverslfied Reportlng Services, Inc. 1426 Duke Street Alexandria, Y irginia 223 I 4 (202) 467.9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023455 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 34 of 38 33 1 A Okay. 2 o Who 3 A Robert Kel1y. 4 o What 5 A 6 proj ect is Ii sted as the lobbyist for EIG? rofe did Robe rt KeJ-]y have at EIG ? Robert KeIIy was the lawyer that we used for this . Did Robert Ke1ly ever do any Iobbying on the 1 o 8 proj ect for 9 A EIG None ? that f'm aware of. BY MR. GILLIS: 10 11 O Bej-ng as invo1ved in the project as you were, at l2 any point did you have any discussion with him about doing 13 lobbying? A T4 Lobbying Bob Kell-y, no, no, no. 16 Did you have any discussion with Rafj-ekian about Bob Kel-Iy doing any Iobbying j-n connection with this 11 proj ect ? 15 0 A 18 BY 19 20 21. ')a 23 24 25 I don't believe f ever did, nope. J- MR. No. TURGEON: at.Iine 12 which asks about specific obby ing issues, current and anticipated? o Do you see A Yep. is Listed in l-ine 12? A "The registrant will advise client on U.S domestic and foreign pol-j-cy, E-1635 and the house o What Dlverslfled Reporting Servlces, lnc, 1426 Duke Street Alexandria, Y irginia 223 1 4 (202) 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023456 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 35 of 38 34 I counterpart, HR-1735, and the Senate counterpart." 2 QDo you know what those bills 3 ANo idea. 4 Q 5 J.egislatj-on? 6 1 8 A 13 L4 Not I don't, EIG no. BY MR. GILLIS: 10 72 the project have anything to do with pending that I'm aware of . Q Do you recall any d.iscussions with anyone at about pending l-egi s la ti on in relation to the proj ect ? A 9 11 Did are? Q General, if I could ask you to take a fook at Grand Jury Exhibit 13. A Okay. Q Have you seen that before? A 15 I have. 2I recaff before this meeting with the Turkish officials in New York Bijan Rafiekian sending out talking points regarding what was to take place there? A Yes, yep. Q By the way, was that typical for him to do j-n connection wi.th these calfs or other meetings that he would 22 have 76 l7 18 19 20 23 Q Do you A Yeah, ? he normally did. send, you know, for the calf 24 wouJ.d 25 already he woul-d He normally did. He that I've taf ked about have an orange sheet sort of set of bullet s Dlversifled Reportlng Servlces, Inc, 1426 Duke Street Alexandria, Y irginia 2231 4 (202) 467_9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023457 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 36 of 38 35 1 2 3 4 5 6 1 I 9 10 11 t2 talking points. OkaY. If you'd turn the page there and actuaffy 0 just look through. I know you've recentfy had a chance to fook at this but if you would just turn the pages there to look through those several numbered pa.ragraphs. A Okay. Q Okay. To the best of your recoLlection is that what that meeting in New York was about ? A Yes. I'm going to show you Q If I could show you Exhibit -- I'm going to withdraw that question, general. A Okay. If I could have one moment. 13 MR. GILLIS: t4 BY MR. GILLIS: 15 T6 t1 18 t9 20 2L 22 23 24 25 a discussion about the Turkish officials' expectations of EIG being higher than what you might be able to provide? I do recall an exchange wj-th Bijan about that. A Q Q A Q A Q A do in a Do you recalL there bej-ng Te]] us about -This was after this meeting. After the New York meeting? Yeah, I beLieve that was. TeII us what you recal] about that. That I think that they, what they expected us to short period of ti.me was unrealistic. Dlverslfled Reportlng Services, tnc. 1426 Duke Street Alexandria, Y irginia 2231 4 (2O2) 467_9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023458 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 37 of 38 35 2 3 "They" being the Turkish? Q A 1 They being the Turkish government officials, yeah. MR. GILLIS: 4 5 6 1 8 9 10 11 1.2 13 74 out s ide Gener:af r if we coufd ask you to step . THE WITNESS: Okay. GILLIS: But before we do let fook here. You can come up to the door. MR. me just have a THE WITNESS: See you. (Whereupon, the witness was excused. ) at 10:38 a.m., the taking of the testimony j-n the presence of a full quorum of the Grand Jury was conc.Iuded. (Whereupon, ) ***** 15 16 L1 18 l9 20 2L 22 23 24 Dlverslfied Reportlng Servlces, tnc. 1426 Duke Street Alexandria, Y irginia 2231 4 (202) 467 _9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023459 Case 1:17-cr-00232-EGS Document 150-2 Filed 01/07/20 Page 38 of 38 C_E_R_T_I-F- I-C-A-T-E I, Isaac Lewandowski, the reporter for the Unj-ted States Attorney's Office, do hereby certify that the witness whose testimony appears in the foregoing pages was first duly sworn by the Eoreperson or the Deputy Foreperson of the Grand Jury when there was a fuff quorum of the Grand Jury present; that the testimony of said witness was taken by me and thereafter reduced to typewrj-tten form,' and that the transcript is a true record of the testimony given by sai-d witness. lsaac Lewandowski, Official Reporter te tHo ranscriber Diverslfled Reportlng Servlces, Inc. 1426 Duke Street Alexandria, Yicginia 223 1 4 (202) 467-9200 SUBJECT TO PROTECTIVE ORDER and FRE 6(e) DOJSCO - 700023460 Case Document 150-3 Filed 01/07/20 Page 1 of 5 Attachment 3 Case 1:17-cr-00232-EGS Document 150-3 Filed 01/07/20 Page 2 of 5 SUBJECT TO PROTECTIVE ORDER DOJSCO - 700023259 )' D 5HY Case 1:17-cr-00232-EGS Document 150-3 Filed 01/07/20 Page 3 of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` 8 )282 )/<11 VWDWHG WKH HPDLO GHPRQVWUDWHG $/37(.,1 DFWHG DV D JR EHWZHHQ RQ 3& WR KLJK OHYHO 7XUNLVK JRYHUQPHQW RIILFLDOV VXFK DV WKH 0LQLVWHU RI )RUHLJQ $IIDLUV 0)$ OLVWHG LQ WKH HPDLO )/<11 HYHQWXDOO\ PHW WKH 7XUNLVK 0LQLVWHU RI )RUHLJQ $IIDLUV ^1RWH )/<11 ZDV VKRZQ DQ HPDLO VHQW IURP $/37(.,1 WR )/<11 DQG 5$),(.,$1 RQ 6XEMHFW 7UXWK` 8 )282 )/<11 VWDWHG WKH HPDLO GHSLFWHG 7XUNH\¶V LQYROYHPHQW LQ 3& ^1RWH )/<11 ZDV VKRZQ DQ HPDLO VHQW IURP $/37(.,1 WR )/<11 DQG 5$),(.,$1 RQ 6XEMHFW 7UXWK )/<11 ZDV DVNHG DERXW D UHIHUHQFH WR D ³*UHHQ /LJKW´` 8 )282 7KH ³*UHHQ /LJKW´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¶V XQGHUVWRRG WKH ³*UHHQ /LJKW´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ase 1:17-cr-00232-EGS Document 150-3 Filed 01/07/20 Page 4 of 5 )' D 5HY 81&/$66,),(' )282 &RQWLQXDWLRQ RI )' RI 8 )282 ,QWHUYLHZ RI 0LFKDHO 7 )O\QQ 2Q 3DJH RI 8 )282 )/<11 ZDV DZDUH 5$),(.,$1 DQG ),* XWLOL]LQJ 9,5758 DQ L&ORXG VHUYLFH SURYLGHU )/<11 FRXOG QRW JHW WKH 9,5758 DSSOLFDWLRQ WR RSHQ RQ KLV L3KRQH 5$),(.,$1 LQIRUPHG )/<11 WKDW 9,5758 ZDV D VHFXUH ZD\ RI FRPPXQLFDWLQJ ^1RWH )/<11 ZDV VKRZQ WZR HPDLOV GDWHG VXEMHFW 2SHUDWLRQ &RQILGHQFH DQG VXEMHFW 7UXWK` 8 )282 )/<11 LQGLFDWHG WKH WZR HPDLOV GHSLFWHG 2SHUDWLRQ &RQILGHQFH DQG WKH 7UXWK &DPSDLJQ ZHUH V\QRQ\PRXV ,W ZDV QRW PDGH FOHDU WR )/<11 GXULQJ WKLV WLPHIUDPH LI IXQGLQJ IRU 3& ZDV JRLQJ WR FRPH IURP $/37(.,1¶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¶6 VRQ LQ ODZ ZKR ZDV SUHVHQW DW WKH PHHWLQJ 7KH 7XUNLVK JRYHUQPHQW RIILFLDOV ZKR ZHUH SUHVHQW DW WKH PHHWLQJ ORRNHG VDWLVILHG DW ZKDW ),* ZDV DEOH WR SURYLGH RQ 3& 5$),(.,$1 DQG %ULDQ 0&&$8/(< >HPSOR\HG E\ ),*@ WRRN D WUDLQ WR 1<& IRU WKH PHHWLQJ -DPHV :22/6(< ZDV DOUHDG\ LQ 1<& IRU UHDVRQV RWKHU WKDQ WKH PHHWLQJ 3ULRU WR WKH PHHWLQJ DQG EHIRUH WKH 7XUNLVK JRYHUQPHQW RIILFLDOV DUULYHG )/<11 5$),(.,$1 :22/6(< DQG 0&&$8/(< WDONHG DERXW KRZ WKH PHHWLQJ VKRXOG JR 3& ZDV ),*¶V RSSRUWXQLW\ WR SUHVHQW 3& WR 7XUNLVK PLQLVWHUV DQG XSGDWH WZR VHQLRU 7XUNLVK JRYHUQPHQW RIILFLDOV 7KLV ZDV WKH ILUVW PDMRU SURMHFW IRU ),* 8 )282 )/<11 GLG QRW UHFDOO HYHU KDYLQJ KHDUG DERXW DQ ,VUDHOL FRPSDQ\ PHQWLRQHG LQ GLVFXVVLRQV UHJDUGLQJ 3& ^1RWH )/<11 ZDV VKRZQ KLV 6WDWHPHQW RI WKH 2IIHQVH IRUP` SUBJECT TO PROTECTIVE ORDER 81&/$66,),(' )282 DOJSCO - 700023261 )' D 5HY Case 1:17-cr-00232-EGS Document 150-3 Filed 01/07/20 Page 5 of 5 81&/$66,),(' )282 &RQWLQXDWLRQ RI )' RI 8 )282 ,QWHUYLHZ RI 0LFKDHO 7 )O\QQ 2Q 3DJH RI 8 )282 )/<11 LQIRUPHG DJHQWV KH KDG UHDG WKH 6WDWHPHQWV RI 2IIHQVH )/<11 DJUHHG WKH LQIRUPDWLRQ KH KDG SURYLGHG WR LQYHVWLJDWRUV UHJDUGLQJ ),* DQG ,1292 V FRQWUDFW RQ 3& ZDV WKH EDVLV IRU SDUDJUDSK ILYH RI WKH 6WDWHPHQWV RI 2IIHQVH ^1RWH )/<11 ZDV VKRZQ ),*¶V )RUHLJQ $JHQWV 5HJLVWUDWLRQ $FW )$5$ ILOLQJ ZKLFK GHSLFWHG WZR SD\PHQWV RI HDFK WR ,1292 %9` 8 )282 )/<11 ZDV QRW DZDUH RI WKH SD\PHQWV WR ,1292 DV KDYLQJ EHHQ DVVRFLDWHG ZLWK SXEOLF UHODWLRQV RU OREE\LQJ 2SLQLRQ HGLWRULDO RS HG 8 )282 )/<11 UHFDOOHG ),* VKRXOG SRVW WKH RS HG ZKLOH ³7KH ,URQ ZDV KRW ´ )/<11 GLG QRW FRQVLGHU KLPVHOI $/37(.,1 RU 5$),(.,$1 WR EH WKH ³,URQ´ )/<11 FRQVLGHUHG WKH ³,URQ´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ase Document 150-4 Filed 01/07/20 Page 1 of 7 Attachment 4 Case Document 150-4 Filed 01/07/20 Page 2 of 7 .. 03:7,. - - . OFFICIAL Recono (Rev. 5?8?10) 1 0f 6 Em?: ., FEDERAL BUREAU OF INVESTIGATION Dateofentry 0710912019 On 7/3/2019 Rob KELNER of Covington Burling LLP, was interviewed at the Eastern District of Virginia (EDVA) United States Attorneys Office (USAO). Present for and conducting the interview were Counterintelligence and Export Control Section Trial Attorney Evan Turgeon, Assistant United States Attorney (AUSA) James P. Gillis, and Special Agent (SA) Bryan T. Alfredo. KELNER was represented by his attorneys, Bruce A. Baird, Roger Pollack. Also present was EDVA paralegal Latoya Horsford, EDVA AUSA Neil Hammerstrom, Michael attorney Sidney Powell who was accompanied by Jesse Binall and an unidentified associate, Intel Group attorney John Washington, Senior Assistant Special Counsel Brandon Van Grack, D.C. USAO AUSA Jocelyn Ballantine and AUSA Deborah Curtis. After being advised of the identities of the interviewing Agents and the nature of the interview, KELNER provided the following information based on the best of his recollection: {Notez KELNER was presented with a document, Government Exhibit (GEX) 14, email sent by Ekim ALPTEKIN to Michael and Bijan RAFIEKIAN on 8/8/2016.} KELNER believed he had asked RAFIEKIAN about this particular email during the one of the interviews KELNER conducted with RAFIEKIAN. RAFIEKIAN described the conversation in the email to KELNER as having been a discussion about an earlier project which did not come to fruition. When asked by KELNER who was in reference to in the email, RAFIEKIAN was not certain if it was in reference to a Turkish official or KELNER was not certain he asked RAFIEKIAN about this reference specifically. KELNER did not recall if he had ever asked RAFIEKIAN what referred to in GEX l4. 07/03/2019 at Alexandria, Virginia, United States (In Person) PM 0..de 07/00/2019 by Bryan T. Alfredo This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency. FD-302a (Rev. 5-8-10) Case 1:17-cr-00232-EGS Document 150-4 Filed 01/07/20 Page 3 of 7 UNCLASSIFIED//FOUO Continuation of FD-302 of (U//FOUO) Interview of Rob KELNER , On 07/03/2019 , Page 2 of 6 (U//FOUO) {Note: KELNER was presented with a document, GEX 24B, email sent from RAFIEKIAN to FLYNN and Michael FLYNN Jr. sent on 9/9/2016} (U//FOUO) KELNER believed he had asked RAFIEKIAN about this email during the second, of his two interviews, conducted of RAFIEKIAN. KELNER recalled having asked RAFIEKIAN to describe the part in the email, “As I mentioned, the meeting is with high level audience (Cabinet+level) related to “CONFIDENCE””. RAFIEKIAN informed KELNER the aforementioned meeting had nothing to do with the project FIG worked on for INOVO and it was more of a “happenstance” with similar issues FIG/INOVO were having with its project. The aforementioned meeting and the FIG/INOVO project had overlapping subject matter. This was the impression KELNER got from RAFIEKIAN, although he did not remember the exact words RAFIEKIAN used. (U//FOUO) OP-ED (U//FOUO) KELNER did not recall having asked RAFIEKIAN about the timing of the published FLYNN 11/8/2016 Op-Ed. (U//FOUO) {Note: KELNER was presented with a document, GEX 43A, email dated 10/13/2016.} (U//FOUO) KELNER had seen the email presented to him and confirmed it was related to GEX 43B, Project Confidence Talking Points. (U//FOUO) {Note: KELNER was presented with a document, GEX 93B, Letter from Arent Fox to ALPTEKIN.} (U//FOUO) KELNER did not recall having discussed this letter with RAFIEKIAN. (U//FOUO) {Note: KELNER was presented with a document, GEX 22A, email sent from RAFIEKIAN to ALPTEKIN and FLYNN on 9/3/2016.} (U//FOUO) The email was in reference to the attached FIG/INOVO contract. When asked about the statement in the email, “We have been at work on this engagement since July 31st”, KELNER thought it was somewhat consistent with what RAFIEKIAN informed him of about the timing of the FIG/INOVO contract. KELNER did not recall having discussed this email with RAFIEKIAN. (U//FOUO) {Note: KELNER was presented with a document, GEX 25C, UNCLASSIFIED//FOUO FD-302a (Rev. 5-8-10) Case 1:17-cr-00232-EGS Document 150-4 Filed 01/07/20 Page 4 of 7 UNCLASSIFIED//FOUO Continuation of FD-302 of (U//FOUO) Interview of Rob KELNER , On 07/03/2019 , Page 3 of 6 email/attachment sent from RAFIEKIAN to FLYNN and FLYNN Jr on 9/12/2016.} (U//FOUO) KELNER described this email as having been associated with the FIG/ALPTEKIN contract. KELNER did ask RAFIEKIAN about the Draft Advisory and this particular email during the time he interviewed him. After ALPTEKIN and FIG agreed on the contract, RAFIEKIAN informed KELNER that ALPTEKIN had asked for a refund for public relations and lobbying services which were ultimately not going to be conducted as a service provided by FIG to INOVO. RAFIEKIAN claimed the audit trail mentioned in the email was necessary for the terms of the refund. (U//FOUO) Refund vs Kickbacks (U//FOUO) {Note: KELNER was presented with a document, GEX 25A, FIG Bank of America records (BOA).} (U//FOUO) KELNER recalled having previously reviewed the BOA records. Regarding the $40,000 payments from FIG to INOVO recorded in FIG’s accounting records, labeled as “Consulting Fees”, RAFIEKIAN informed KELNER that he, RAFIEKIAN, was not responsible for handling FIG’s accounting records and it must have been labeled “Consulting Fees” as a mistake. (U//FOUO) {Note: KELNER was presented with a document, GEX 19, email sent from RAFIEKIAN to ALPTEKIN and FLYNN on 8/25/2016.} (U//FOUO) KELNER believed he asked RAFIEKIAN about this specific email during his interview of him. KELNER did not recall RAFIEKIAN’s reaction to the email when asked about it. Regarding the 20% of the $150K per month going back to ALPTEKIN as the advisory support cost provided to INOVO, mentioned in the email, RAFIEKIAN informed KELNER there were discussions of ALPTEKIN providing advisory services on an earlier project that did not come to fruition. The funds going to ALPTEKIN/INOVO from FIG were for services not performed. (U//FOUO) {Note: KELNER was presented with a document, GEX 33C, email sent from RAFIEKIAN to FLYNN and ALPTEKIN on 10/11/2016.} (U//FOUO) KELNER recalled having discussed an email with RAFIEKIAN during his interview of him which documented the sending of a payment in the amount of $40,000 from FIG to INOVO. KELNER did not recall if it was this specific UNCLASSIFIED//FOUO FD-302a (Rev. 5-8-10) Case 1:17-cr-00232-EGS Document 150-4 Filed 01/07/20 Page 5 of 7 UNCLASSIFIED//FOUO Continuation of FD-302 of (U//FOUO) Interview of Rob KELNER , On 07/03/2019 , Page 4 of 6 email presented to him which triggered his discussion with RAFIEKIAN. RAFIEKIAN informed KELNER he did not always choose the correct words and the money sent back to INOVO/ALPTEKIN was supposed to be refunds for services not rendered. (U//FOUO) Foreign Agents Registration Act (FARA) Filing (U//FOUO) KELNER opined RAFIEKIAN was upset that FIG registered under FARA. During a late –night phone call RAFIEKIAN made to KELNER, which KELNER said he was certain occurred before the 3/7/2017 filing, KELNER described RAFIEKIAN as distressed about the upcoming filing and informed KELNER that he, RAFIEKIAN, had a heart condition. RAFIEKIAN objected to the term “kickback” having been used in the FARA draft in reference to political contributions, and he wanted the term removed. (U//FOUO) KELNER informed agents the final draft of the FARA filing prepared by Covington was sent to FLYNN through his attorney, Kristen VERDERAME. (U//FOUO) KELNER may have learned from VERDERAME or ALPTEKIN’s attorney [Mathew] Nolan that ALPTEKIN was not happy with FIG having filed under FARA. (U//FOUO) {Note: KELNER was presented with a document, GEX 13, email sent from RAFIEKIAN to ALPTEKIN and FLYNN on 8/4/2016.} (U//FOUO) KELNER did not recall if he discussed this email with RAFIEKIAN during one of the interviews he conducted with him. KELNER conducted two interviews of RAFIEKIAN and at least one phone call, with the possibility of more, which Covington used to obtain information to file the FARA application on behalf of FIG. Pertaining to the draft of FIG’s FARA application, the Department of Justice (DOJ) FARA unit did review a draft of the filing. The DOJ FARA unit did notice the $40,000 payment sent from FIG to INOVO. KELNER’s understanding on what the FARA unit informed Covington’s Brian SMITH, was that they asked, “What’s that about?” SMITH informed the FARA unit he noticed this in FIG’s accounting records. (U//FOUO) KELNER recalled having spoken to SMITH about the draft and SMITH provided minor comments of it. When asked if anything prevented Covington/KELNER from speaking with RAFIEKIAN again before the FARA filing, KELNER described he could not answer the question given the potential UNCLASSIFIED//FOUO FD-302a (Rev. 5-8-10) Case 1:17-cr-00232-EGS Document 150-4 Filed 01/07/20 Page 6 of 7 UNCLASSIFIED//FOUO Continuation of FD-302 of (U//FOUO) Interview of Rob KELNER , On 07/03/2019 , Page 5 of 6 mentioning of work product. (U//FOUO) When asked why he, KELNER, listed on the FARA application the money sent back to INOVO as “Consulting Fees” after he was informed by RAFIEKIAN the money sent back to INOVO were for refunds, KELNER responded by saying this was work product information. (U//FOUO) An email was sent from Covington/SMITH to VERDERAME, and then from VERDERAME to FLYNN which contained the FARA draft. SMITH asked Verderame to have FLYNN review the FARA application so Covington could apply his, FLYNN’s, electronic signature to it. FLYNN responded, according to KELNER, “Yes, approved, this is as discussed” to the email via VERDERAME which she then sent to SMITH. To the best of his recollection, KELNER did not recall having phone calls with FLYNN regarding feedback on the FARA draft. (U//FOUO) Information provided to KELNER by FLYNN prior to the 3/7/2017 FARA filing (U//FOUO) FLYNN did not inform KELNER of the Turkish officials who were involved with the FIG/INOVO project. FLYNN did not indicate to KELNER that Turkish officials gave the go-ahead to proceed with the project. (U//FOUO) FLYNN informed KELNER the September 2016 meeting in New York City which consisted of Turkish officials and members of FIG was organized by ALPTEKIN. FLYNN informed KELNER the meeting was late at night and acted as a meet-and-greet about the situation in Turkey. FLYNN informed KELNER the meeting included a brief reference to the work FIG performed for INOVO but FIG’s work for INOVO was not a focus of the meeting, which consisted mainly of listening to the Turkish officials. (U//FOUO) FLYNN did not inform KELNER that Fethullah GULEN was a focus of the FIG/INOVO project. FLYNN did not inform KELNER that ALPTEKIN was a conduit or go-between for FIG and Turkish officials during the project. FLYNN did not inform KELNER that ALPTEKIN talked to Turkish government officials about the FIG/INOVO project. FLYNN described the FIG/INOVO project as dealing with improving the economic relations between Turkey and the United States. FLYNN never provided inconsistences to KELNER on the work FIG provided to INOVO. UNCLASSIFIED//FOUO FD-302a (Rev. 5-8-10) Case 1:17-cr-00232-EGS Document 150-4 Filed 01/07/20 Page 7 of 7 UNCLASSIFIED//FOUO Continuation of FD-302 of (U//FOUO) Interview of Rob KELNER (U//FOUO) interview questions explained his cross , On 07/03/2019 , Page 6 of 6 {Note: at approximately 4pm (approximately two hours into the of KELNER), Sidney Powell asked Turgeon why KELNER was being asked about FLYNN considering RAFIEKIAN was the defendant. Turgeon to Powell that KELNER could expect these types of questions during examination by defense attorneys.} (U//FOUO) KELNER did not recall having asked FLYNN about what/if any work product was completed by FIG for INOVO which pertained to Gulen. KELNER understood from FLYNN that FIG’s work for INOVO focused on the business environment in Turkey. (U//FOUO) KELNER was informed by FLYNN the published 11/8/2016 Op-Ed article in The Hill was something he, FLYNN, had wanted to do out of his own interest. FLYNN wanted to show how Russia was attempting to create a wedge between Turkey and the United States. FLYNN informed KELNER the Op-Ed was not on behalf of FIG’s project with INOVO. UNCLASSIFIED//FOUO Case Document 150-5 Filed 01/07/20 Page 1 of 7 Attachment 5 Case Document 150-5 Filed 01/07/20 Page 97"? OFFICIAL Recono FD-302 (Rev. 5-8-10) my 4 . Dateofenuy 07/17/2018 DOCUMENT RESTRICTED TO CASE PARTICIPANTS This document contains information that is restricted to case participants. On 6/21/2018 Brian SMITH of Covington Burling LLP, was interviewed at Covington Burling LLP, 850 10th st NW, Washington, DC 20001. Present for and conducting the interview were Trial Attorney Counterintelligence and Export Control Section Evan Turgeon, Assistant United States Attorney (AUSA) James P. Gillis, Senior Assistant Special Counsel Brandon Van Grack, and Special Agent (SA) Bryan T. Alfredo. SMITH was represented by his attorneys Bruce A. Baird and Roger Pollack of Covington Burling LLP. After being advised of the identities of the interviewing Agent and the nature of the interview, SMITH provided the following information and were based on the best of his recollection: Sources of products used by Covington to complete the Intelligence Group PARA filing The sources of products used by Covington to complete the March 2017 Intel Group (FIG) Foreign Agent Registration Act (FARA) filing consisted of separate interviews of Bijan RAFIEKIAN and Michael T. attorney, Kristen VERDERAME conducted the interview of RAFIEKIAN and she had spoken to about gathering facts for FARA filing. SMITH previously interviewed RAFIEKIAN once and believed RAFIEKIAN was interviewed on another occasion. SMITH did not interview Michael BOSTON {project lead for the INOVO project} but believed he was interviewed by someone at Covington. SMITH thought Rob KELNER and Alexandra LANGTON of Covington conducted the interview of BOSTON. Both and RAFIEKIAN supplied FIG documents and emails to Covington for FARA filing. These documents were handed over to Covington by VERDERAME who received the documents from son, Michael G. JR. SMITH had spoken to Ekim attorney {Mathew NOLAN of Arent Fox many times. However, SMITH never spoke directly with ALPTEKIN. SMITH and KELNER started working with FIG approximately on 1/2/2017. Covington attorneys Stephen ANTHONY and LANGTON eventually joined the team which represented FIG. Eventually Covington?s Technical Support Team (Litigation Support) 06/31/3018 at Washington, District Of Columbia, United States (In Person) by Bryan T. Alfredo This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency. )' D 5HY Case 1:17-cr-00232-EGS Document 150-5 Filed 01/07/20 Page 3 of 7 81&/$66,),(' )282 &RQWLQXDWLRQ RI )' RI 8 )282 ,QWHUYLHZ RI %ULDQ 6PLWK 2Q 3DJH RI DVVLVWHG &RYLQJWRQ DQG SURFHVVHG HPDLOV SURYLGHG E\ ),* IRU ),*¶V )$5$ ILOLQJ 60,7+ GLG QRW UHFDOO KDYLQJ RXWVLGH DVVLVWDQFH IRU HQFU\SWHG UHODWHG LVVXHV &RYLQJWRQ KDG ZLWK SURFHVVLQJ ),*¶V ZRUN SURGXFWV GRFXPHQWV ),* KLUHG 9,5758 DQ L&ORXG VHUYLFH SURYLGHU 9,5758 SURYLGHG DQ DSSOLFDWLRQ WR &RYLQJWRQ LQ RUGHU IRU &RYLQJWRQ WR DQDO\]H DQG GHFU\SW WKH HQFU\SWHG GRFXPHQWV VXSSOLHG WR &RYLQJWRQ E\ ),* 60,7+ UHFDOOHG KH WDONHG WR WZR EURWKHUV WKH &KLHI ([HFXWLYH 2IILFHUV &(2 RI 9,5758 9,5758¶6 &(2V ZHUH WKH VRQV RI D IRUPHU &RYLQJWRQ SDUWQHU 60,7+ GLG QRW UHFDOO KDYLQJ VSRNHQ ZLWK 9,5758¶V OHJDO FRXQVHO 6RPH RI ),*¶V HPDLOV GRFXPHQWV SURYLGHG WR &RYLQJWRQ FRXOG QRW EH GHFU\SWHG $W VRPH SRLQW GXULQJ &RYLQJWRQ¶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¶V GDWD FROOHFWLRQ RI ),* GRFXPHQWV 60,7+ ZDV LQIRUPHG E\ )/<11 -5 DQG 9(5'(5$0( FHUWDLQ ),* FRPSXWHU V\VWHPV ZHUH VKXW GRZQ RQFH ),* FORVHG LWV RSHUDWLRQV 6RPH RI ),*¶V GDWD DQG HPDLO DFFRXQWV ZHUH DUFKLYHG DQG VRPH ZHUH QRW RQFH ),* FORVHG RSHUDWLRQV DQG WKH FRPSXWHU V\VWHPV ZHUH VKXW GRZQ 60,7+ UHFHLYHG 5$),(.,$1¶V DUFKLYHG ),* HPDLO PDLOER[ IURP )/<11 -5 )/<11 -5 VHDUFKHG IRU FHUWDLQ LWHPV LQ )/<11¶V DUFKLYHG HPDLO EHIRUH SURYLGLQJ WKHP WR &RYLQJWRQ )/<11 -5 GLG QRW JR WKURXJK 5$),(.,$1¶V HPDLO DFFRXQW SULRU WR KDQGLQJ WKH DUFKLYHG UHFRUGV WR &RYLQJWRQ ,1292 %9 DQG ),* &RQWUDFW 8 )282 60,7+ ZDV DZDUH IDLUO\ HDUO\ RQ DURXQG GXULQJ WKH SURFHVV RI JDWKHULQJ ),* GRFXPHQWV IRU ),*¶V )$5$ RI D FRQWUDFW EHWZHHQ $/37(.,1 ,1292 DQG ),* 5$),(.,$1 LQIRUPHG 60,7+ DERXW WKLV DJUHHPHQW 60,7+ GLG QRW WKLQN WKH WRSLF RI KRZ IXQGV WUDQVIHUUHG IURP ),* WR ,1292 81&/$66,),(' )282 Case 1:17-cr-00232-EGS Document 150-5 Filed 01/07/20 Page 4 of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¶V DFFRXQWLQJ UHFRUGV WR $/37(.,1 ZKLFK ZHUH GHSLFWHG DV FRQVXOWLQJ IHHV ZHUH LQDFFXUDWH ),*¶V DFFRXQWLQJ UHFRUGV VKRXOG KDYH GHSLFWHG WKH IHHV OLVWHG DV UHIXQGV DQG QRW FRQVXOWLQJ IHHV 60,7+ ZDV XQDZDUH RI ZKR XSORDGHG WKH LQIRUPDWLRQ LQWR ),*¶V DFFRXQWLQJ UHFRUGV 5$),(.,$1 KDG DVNHG )/<11 WR VLJQ WKH DJUHHPHQW EHWZHHQ ),* DQG ,1292 )/<11 QHYHU PHQWLRQHG WR 60,7+ WKH SD\PHQWV IURP ),* WR ,1292 )/<11 ZDV EXV\ ZLWK WKH 7UXPS &DPSDLJQ DQG OHIW D ORW RI WKH GHWDLOV UHJDUGLQJ ),*¶V FRQWUDFW ZLWK $/37(.,1 ,1292 WR 5$),(.,$1 8 )282 60,7+ GLG QRW UHFDOO KDYLQJ VHHQ 5$),(.,$1¶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ase 1:17-cr-00232-EGS Document 150-5 Filed 01/07/20 Page 5 of 7 81&/$66,),(' )282 &RQWLQXDWLRQ RI )' RI 8 )282 ,QWHUYLHZ RI %ULDQ 6PLWK 2Q 3DJH RI WR %RE >5REHUW@ .(//< *HQHUDO &RXQVHO IRU ),* DERXW /'$ .(//< LQIRUPHG 5$),(.,$1 LI WKHUH LV QRW D IRUHLJQ JRYHUQPHQW RU SROLWLFDO SDUW\ LQYROYHG WKHQ ),* FDQ ILOH XQGHU /'$ 5$),(.,$1 RSLQHG ),* VKRXOG ILOH WKH /'$ DV DQ DEXQGDQFH RI FDXWLRQ 5$),(.,$1 ZDQWHG WR WDON WR PHPEHUV RI &RQJUHVV DQG ),* ILOHG XQGHU /'$ 'HFODUDWLRQ RI 5REHUW . .HOO\ 8 )282 60,7+ ZDV QRW GLUHFWO\ LQYROYHG ZLWK .(//<¶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` :22/6(< ^PHPEHU RI ),*¶V DGYLVRU\ ERDUG` 7KH PHHWLQJ SULPDULO\ IRFXVHG RQ UDGLFDO ,VODP %ULHIO\ GXULQJ WKH PHHWLQJ ),* GHVFULEHG WKHLU EXVLQHVV IRU $/37(.,1 ,1292 )/<11 GLG QRW WDON DERXW WKH FRQWURO RU GLUHFWLRQ WKH 7XUNLVK JRYHUQPHQW KDG RQ 3& 7KH WRSLF RI *8/(1 ZDV EURXJKW XS E\ 7XUNLVK RIILFLDOV DW WKH PHHWLQJ 8 )282 2WKHU WKDQ WKH 6HSWHPEHU PHHWLQJ LQ 1<& 5$),(.,$1 LQIRUPHG 60,7+ WKHUH ZHUH QR RWKHU FRQWDFWV ZLWK 7XUNLVK JRYHUQPHQW RIILFLDOV SULRU WR ),*¶V )$5$ ILOLQJ 5$),(.,$1 DQG )/<11 QHYHU WROG 60,7+ DERXW 7XUNH\¶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ase 1:17-cr-00232-EGS Document 150-5 Filed 01/07/20 Page 6 of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¶V EHKDOI DFFRUGLQJ WR $/37(.,1¶V YLHZV RI WKH PHHWLQJ ,Q DGGLWLRQ WR ZKR LV OLVWHG RQ WKH )$5$ ILOLQJ 12/$1 LQIRUPHG 60,7+ WKH 7XUNLVK 0LQLVWHU RI )RUHLJQ $IIDLUV ZDV SUHVHQW DW WKH PHHWLQJ ^1RWH 60,7+ ZDV VKRZQ WKUHH HPDLOV GDWHG DP DQG DP` 8 )282 60,7+ UHFDOOHG KDYLQJ VHHQ WKH DQG WKH HPDLOV 60,7+ GLG QRW UHFDOO VHHLQJ WKH DP HPDLO 60,7+ RQO\ UHFDOOHG WDONLQJ DERXW WKHVH HPDLOV LQWHUQDO WR &RYLQJWRQ /REE\LQJ 8 )282 60,7+ UHFHLYHG IURP 5$),(.,$1 LQIRUPDWLRQ DERXW 5$),(.,$1¶V OREE\LQJ DFWLYLWLHV ZLWK ),* 7KURXJK HPDLOV 5$),(.,$1 UHOD\HG SDUWLFXODU IDFWV DERXW KLV OREE\LQJ GHWDLOV ZKLFK HQGHG XS LQ ),*¶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ase 1:17-cr-00232-EGS Document 150-5 Filed 01/07/20 Page 7 of 7 81&/$66,),(' )282 &RQWLQXDWLRQ RI )' RI 8 )282 ,QWHUYLHZ RI %ULDQ 6PLWK 2Q 3DJH RI 5DWLR DQG /HYLDWKDQ 5$),(.,$1 LQIRUPHG 60,7+ KH KDG QRW KHDUG DERXW 5DWLR XQWLO LW ZDV PHQWLRQHG LQ WKH SUHVV 2SLQLRQ HGLWRULDO RS HG 8 )282 5$),(.,$1 LQIRUPHG 60,7+ RQ WKH RULJLQ RI WKH RS HG ,W ZDV )/<11¶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³NLFNEDFNV´ 5$),(.,$1 LQIRUPHG 60,7+ KH UHMHFWHG KLV SROLWLFDO FRQWULEXWLRQV WR EH FRQVLGHUHG NLFNEDFNV ´ 5$),(.,$1 FRUUHFWHG WKH VWDWHPHQW RQ WKH )$5$ ILOLQJ DQG LQGLFDWHG KH ZDV QRW D GXDO FLWL]HQ 60,7+ GLG QRW UHFDOO )/<11 KDYLQJ KDG HGLWV RU FRUUHFWLRQV IRU ),* V )$5$ ILOLQJ 6*5 PDGH HGLWV DQG FRUUHFWLRQV WR ),* V )$5$ ILOLQJ DQG D VXJJHVWHG WR HGLW WKH WHUPLQRORJ\ UHJDUGLQJ *XOHQRSOR\ ZKLFK &RYLQJWRQ GLG QRW FKDQJH 81&/$66,),(' )282 Case Document 150-6 Filed 01/07/20 Page 1 of 8 Attachment 6 Case Document 150-6 Filed 01/07/20 Page 8:9039 I . . . . 4 ugh?. FD-302 (Rev. 5-8-10) Dateofenuy 07/27/2018 DOCUMENT RESTRICTED TO CASE PARTICIPANTS This document contains information that is restricted to case participants. On 6/21/2018 ROB KELNER of Covington Burling LLP, was interviewed at Covington Burling LLP, 850 10th Street NW, Washington, DC 20001. Present for and conducting the interview were Trial Attorney Counterintelligence and Export Control Section Evan Turgeon, Assistant United States Attorney (AUSA) James P. Gillis, Senior Assistant Special Counsel Brandon Van Grack, and Special Agent (SA) Bryan T. Alfredo. KELNER was represented by his attorneys, Bruce A. Baird and Roger Pollack of Covington Burling LLP. After being advised of the identities of the interviewing Agents and the nature of the interview, KELNER provided the following information based on the best of his recollection: Sources of products used by Covington to complete the Intelligence Group PARA filing The sources of products used by Covington to complete the Intel Group (FIG) Foreign Agents Registration Act (FARA) filing came from multiple parties. Covington conducted separate interviews of Bijan RAFIEKIAN and Michael T. RAFIEKIAN was possibly interviewed a second time by Covington. Michael G. JR) was present for interview with Covington. KELNER did not recall if JR provided information during the interview of Covington received and reviewed records consisting of documentation, emails and accounting records from FIG. These records from FIG were given to Covington by JR. Kristen VERDERAME, who represented both FIG and personally, may have handed the records over to Covington on behalf of JR. Up to the 3/7/2017 FIG FARA filing, most of the communication associated with the FIG FARA filing was conducted through VERDERAME and Covington. VERDERAME shared conversations she had with RAFIEKIAN with Covington. Prior to the 1 /11/2017 letter drafted by Covington, Covington communicated with JR. It is possible Brian SMITH or Alexandra LANGTON, both of Covington, received the records directly from JR. Some public records, such as the Lobbying Disclosure Act (LDA) were used for the FIG FARA filing. It 06/31/3018 at Washington, District Of Columbia, United States (In Person) by Bryan T. Alfredo This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency. )' D 5HY Case 1:17-cr-00232-EGS Document 150-6 Filed 01/07/20 Page 3 of 8 81&/$66,),(' )282 &RQWLQXDWLRQ RI )' RI 8 )282 ,QWHUYLHZ RI 5RE .HOQHU 2Q 3DJH RI ZDV SRVVLEOH GXULQJ WKLV WLPH &RYLQJWRQ VWDUWHG WR UHYLHZ DQG FROOHFW HQFU\SWHG FRPPXQLFDWLRQ IURP ),* ),*¶V HQFU\SWHG FRPPXQLFDWLRQV ZHUH VWRUHG YLD DQ L&ORXG VHUYLFH SURYLGHG E\ 9LUWXH 9LUWXH ZDV D VHUYLFH SURYLGHU XVHG E\ ),* 9LUWXH¶V VHUYLFHV HQDEOHG ),* HPSOR\HHV WR DFFHVV ),* UHFRUGV RQ WKHLU SKRQHV 9LUWXH ZDV UHSUHVHQWHG E\ 0RUULVRQ )RHUVWHU //3 $GGLWLRQDO GRFXPHQWV ZHUH SURGXFHG E\ 9LUWXH DQG JLYHQ WR &RYLQJWRQ IRU ),*¶V )$5$ ILOLQJ ),* ZDV SDUWLDOO\ VKXW GRZQ GXULQJ WKH WLPH &RYLQJWRQ JDWKHUHG UHFRUGV IRU ),*¶V )$5$ ILOLQJ 7KLV PDGH LW KDUGHU WR FROOHFW UHFRUGV IURP ),* DQG 9LUWXH .(/1(5 ZDV QRW DZDUH LI ),*¶V FRPSXWHU V\VWHPV ZHUH VWLOO RSHUDWLQJ ZKHQ ),* ZDV VKXW GRZQ .(/1(5 GLG QRW NQRZ LI ),*¶V FRPSXWHU V\VWHPV VWLOO H[LVWHG $OO RI ),*¶V UHFRUGV RU V\VWHPV DFFHVVHG E\ &RYLQJWRQ ZHUH SUHVHUYHG &RYLQJWRQ SULPDULO\ UHOLHG RQ WKH UHFRUGV SURGXFHG E\ )/<11 -5 WR GUDIW ),*¶V )$5$ DSSOLFDWLRQ &RYLQJWRQ SRVVLEO\ UHFHLYHG HPDLOV IURP 5$),(.,$1 WR EH XVHG IRU WKH )$5$ ILOLQJ 0LFKDHO %26721 SURMHFW OHDG IRU WKH ,1292 SURMHFW ZDV LQWHUYLHZHG E\ &RYLQJWRQ %RE >5REHUW@ .(//(< *HQHUDO &RXQVHO IRU ),* ZDV LQWHUYLHZHG WKH VDPH GD\ DV %26721 &RYLQJWRQ UHFHLYHG DGGLWLRQDO ),* UHFRUGV IURP %26721 )/<11 -5 ZDV LQWHUYLHZHG E\ 60,7+ DQG 6WHSKHQ $17+21< RI &RYLQJWRQ .(/1(5 GLG QRW SDUWLFLSDWH LQ WKH LQWHUYLHZ RI )/<11 -5 .(/1(5 VSRNH ZLWK (NLP $/37(.,1¶V DWWRUQH\ 0DWWKHZ 12/$1 RI $UHQW )R[ //3 12/$1 SURGXFHG HPDLOV WR &RYLQJWRQ RQ EHKDOI RI $/37(.,1 &RYLQJWRQ VSRNH ZLWK 6SKHUH &RQVXOWLQJ DQG 6SKHUH *RYHUQPHQW 5HODWLRQV 6*5 *HQHUDO &RXQFLO %HQMDPLQ *,16%(5* DQG *UD\VRQ <($5*,1 RI -RQHV 'D\ &RYLQJWRQ DOVR LQWHUYLHZHG -DPHV &25729,&+ >IRXQGHU DQG RSHUDWRU RI 6*5@ DQG *UDKDP 0,//(5 >HPSOR\HG E\ 6*5@ ZKR ZHUH UHSUHVHQWHG E\ -RQHV 'D\ %ULDQ 0&&$8/(< >HPSOR\HG E\ ),*@ ZDV LQWHUYLHZHG E\ &RYLQJWRQ SULRU WR ),* )$5$ ILOLQJ .(/1(5 GLG QRW UHFDOO DQ LQWHUYLHZ RI 7LP 1(:%(55< >IRXQGHU RI WKH :KLWH &DQYDVV *URXS :&* DQG SURYLGHG RSHQ VRXUFH UHVHDUFK IRU ),*@ 8 )282 .(/1(5 ZDV WKH SULPDU\ VXSHUYLVRU RI WKH WHDP IRUPHG E\ &RYLQJWRQ WR ILOH )$5$ RQ ),*¶V EHKDOI 60,7+ DQG /$1*721 ZHUH WKH SULQFLSOHV RI WKH WHDP &RYLQJWRQ¶V WHFKQLFDO VWDII SDUWLFLSDWHG LQ DQG DVVLVWHG &RYLQJWRQ¶V WHDP ZLWK WKH JDWKHULQJ RI UHFRUGV IRU ),*¶V )$5$ ILOLQJ ,1292 %9 &RQWUDFW 8 )282 :KHQ DVNHG LI KH ZDV DZDUH SULRU WR ),* V )$5$ ILOLQJ DQ DJUHHPHQW IRU ),* WR SD\ WR $/37(.,1 .(/1(5 DQG &RYLQJWRQ REVHUYHG DFFRXQWLQJ WUDQVDFWLRQV EHWZHHQ ,1292 DQG ),* &RYLQJWRQ KDG D GUDIW FRQWUDFW EHWZHHQ ),* DQG $/37(.,1 ZKLFK GHWDLOHG SD\PHQWV WR $/37(.,1 &RYLQJWRQ PDLQWDLQHG WKLV GUDIW FRQWUDFW SULRU WR ),*¶V )$5$ ILOLQJ &RYLQJWRQ GLG QRW SRVVHVV WKH H[HFXWHG FRQWUDFW GRFXPHQWDWLRQ EHWZHHQ ERWK SDUWLHV FRQFHUQLQJ WKHVH SD\PHQWV &RYLQJWRQ GLG KDYH LQIRUPDWLRQ IURP 5$),(.,$1¶V VHFRQG LQWHUYLHZ DERXW WKH FRQWUDFW EHWZHHQ ),* DQG $/37(.,1 81&/$66,),(' )282 Case 1:17-cr-00232-EGS Document 150-6 Filed 01/07/20 Page 4 of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¶V 3URMHFW &RQILGHQFH 3& WKRXJK KH GLG QRW XVH WKH H[DFW ZRUGLQJ RI ³OREE\LQJ ´ 5$),(.,$1 GLG KDYH &RQJUHVVLRQDO FRQWDFW ZLWK &RQJUHVVLRQDO VWDIIHU 0LOHV >7$</25@ GXULQJ WKH WLPH SHULRG RI ),*¶V FRQWUDFW ZLWK ,1292 DQG SULRU WR ILOOLQJ WKH ),*¶V )$5$ UHJLVWUDWLRQ 7KH PHHWLQJ ZLWK 7$</25 GLG QRW UHODWH WR ,1292 KRZHYHU GXULQJ WKH FRXUVH RI FRPPXQLFDWLRQ WKH WRSLF RI 7XUNH\ GLG FRPH XS .(/1(5 ZDV QRW DZDUH RI WKH VSHFLILF FRQYHUVDWLRQV 5$),(.,$1 KDG ZLWK &RQJUHVVPDQ 52+5$%$&+(5 DQG GLG QRW UHFDOO KRZ 52+5$%$&+(5¶V QDPH FDPH XS 8 )282 5$),(.,$1 DQG .(/1(5 GLG QRW GLVFXVV WKH WRSLF RI D GUDIW FRQVXOWLQJ DJUHHPHQW EHWZHHQ ),* DQG $/37(.,1 5$),(.,$1 GLG QRW LQIRUP .(/1(5 RU H[SODLQ WR KLP ZK\ WKHUH ZHUH VHSDUDWH DJUHHPHQWV 3ULRU WR WKH )$5$ ILOLQJ )/<11 ZDV QRW DEOH WR JLYH DQ H[SODQDWLRQ RI WKH LQ SD\PHQWV VHQW IURP ),* WR $/37(.,1 ,1292 7KH WRSLF RI WKH WZR SD\PHQWV ZHUH PHQWLRQHG E\ )/<11 DQG QRW H[SODLQHG 5$),(.,$1 GLG QRW H[SODLQ WR .(/1(5 ZK\ ),*¶V UHFRUGV LQGLFDWHG WKH SD\PHQWV WR $/37(.,1 ZHUH UHFRUGHG DV FRQVXOWLQJ IHHV DQG QRW UHIXQGV .(/1(5 UHFDOOHG ZKHQ SUHSDULQJ ),*¶V )$5$ ILOLQJ 5$),(.,$1 REMHFWHG WR ),*¶V DFFRXQWLQJ UHFRUGV ZKLFK LQGLFDWHG SD\PHQWV IURP WR $/37(.,1 ,1292 DV FRQVXOWLQJ IHHV DQG QRW UHIXQGV DQG WKDW WKLV ZDV GLVFXVVHG EHWZHHQ 5$),(.,$1 DQG $/37(.,1 .(/1(5 ZDV DZDUH $/37(.,1 ZRXOG EH XSVHW LI WKH SD\PHQWV ZHUH GHVFULEHG DV FRQVXOWLQJ IHHV .(/1(5 GLG QRW UHFDOO ZK\ SD\PHQWV IURP ,1292 WR ),* 81&/$66,),(' )282 )' D 5HY Case 1:17-cr-00232-EGS Document 150-6 Filed 01/07/20 Page 5 of 8 81&/$66,),(' )282 &RQWLQXDWLRQ RI )' RI 8 )282 ,QWHUYLHZ RI 5RE .HOQHU 2Q 3DJH RI GHFUHDVHG RYHU WLPH DIWHU HDFK SD\PHQW 7KH VXEMHFW RI WKH FRQVXOWLQJ DJUHHPHQW DQG ZKHWKHU $/37(.,1 ZRXOG UHFHLYH D FRQVXOWLQJ IHH PD\ KDYH FRPH XS LQ RWKHU LQWHUYLHZV FRQGXFWHG E\ .(/1(5 &RYLQJWRQ ZLWK )/<11 -5 )/<11 -5 ZDV LQ FKDUJH RI NHHSLQJ ),*¶V DFFRXQWLQJ UHFRUGV )/<11 -5 UHFDOOHG 5$),(.,$1 KDG LQIRUPHG KLP WR ZLUH IXQGV WR $/37(.,1 DQG GLG QRW JLYH DQ H[SODQDWLRQ ZK\ WKH IXQGV ZHUH JRLQJ WR KLP 8 )282 ,W ZDV IDLU WR VD\ &RYLQJWRQ GLG QRW SURGXFH HPDLOV UHFHLYHG IURP ),* HPSOR\HHV WR EH XVHG LQ WKH ),* )$5$ ILOLQJ .(/1(5 ZDV XQFHUWDLQ LI &RYLQJWRQ UHFHLYHG DOO WKH HPDLOV IURP 5$),(.,$1 $/37(.,1 DQG )/<11 ZKLFK FRXOG KDYH EHHQ XVHG IRU ),*¶V )$5$ ILOLQJ &RYLQJWRQ GLG QRW UHFHLYH $/37(.,1 6 HPDLOV RU WH[W PHVVDJHV &RYLQJWRQ UHFHLYHG DQVZHUV SURSRVHG WR $/37(.,1 IURP KLV JHQHUDO FRXQFLO 12/$1 ZKR SURYLGHG WKH LQIRUPDWLRQ YROXQWDULO\ &RYLQJWRQ UHFHLYHG LQIRUPDWLRQ IURP $/37(.,1 6 DWWRUQH\V DQG QRW GLUHFWO\ IURP KLP 8 )282 .(/1(5 GLG UHYLHZ ),*¶V /REE\LQJ 'LVFORVXUH $JUHHPHQW /'$ 5$),(.,$1 LQIRUPHG &RYLQJWRQ KH KDG UHOLHG RQ .(//(< IRU DGYLFH RQ WKH /'$ ILOLQJ )/<11 XQGHUVWRRG IURP 5$),(.,$1 WKDW KH 5$),(.,$1 KDG ZRUNHG ZLWK .(//(< RQ WKH /'$ ^1RWH .(/1(5 ZDV SUHVHQWHG ZLWK D GRFXPHQW 'HFODUDWLRQ RI 5REHUW . .(//(<` 8 )282 .(//(<¶V GHFODUDWLRQ UHIOHFWV ZKDW .(//(< KDG LQIRUPHG &RYLQJWRQ ,Q SDUDJUDSK RI .(//(<¶V GHFODUDWLRQ .(//(< GLG QRW LQIRUP .(/1(5 ZK\ KH SXUSRVHO\ SXW D IDOVH VWDWHPHQW LQ WKH )$5$ ILOLQJ VSHFLILFDOO\ WKH )$5$ ILOLQJ ZKLFK FRQWDLQHG ZRUGLQJ RQ &RQJUHVVLRQDO +RXVH V ELOOV .(/1(5 LQWHUYLHZHG .(//(< SULRU WR .(//(<¶V GHFODUDWLRQ .(/1(5 GLG QRW SUHSDUH .(//(<¶V GHFODUDWLRQ .(//(<¶V GHFODUDWLRQ ZDV REWDLQHG E\ DQ LQYHVWLJDWRU RI &RYLQJWRQ DQG KLUHG VSHFLILFDOO\ IRU WKLV SXUSRVH .(/1(5 GLG QRW NQRZ ZKR VSHFLILFDOO\ GUDIWHG .(//(<¶V GHFODUDWLRQ 3DUDJUDSK RI .(//(<¶V GHFODUDWLRQ VWDWLQJ KH QHYHU SHUIRUPHG OREE\LQJ VHUYLFHV IRU ),* UHIOHFWHG DQG ZDV VLPLODU WR ZKDW .(//(< KDG LQIRUPHG &RYLQJWRQ .(/1(5 ZDV QRW FHUWDLQ ZKR WKH ODZ\HU IURP -RQHV 'D\ LV UHIHUUHG WR LQ SDUDJUDSK RI .(//(<¶V GHFODUDWLRQ .(/1(5 GLG QRW UHFDOO FRQYHUVDWLRQV SHUWDLQLQJ WR +RXVH V ELOOV KDYLQJ EHHQ PHQWLRQHG LQ KLV LQWHUYLHZ ZLWK .(//(< .(//(< ZDV IDPLOLDU ZLWK )$5$ DQG KDG H[SHULHQFH ZLWK /'$ .(/1(5 GLG QRW UHFDOO LI 5$),(.,$1 VXJJHVWHG WR .(//(< WR ILOH )$5$ RQ ),*¶V EHKDOI 8 )282 5$),(.,$1 ZDV UHIHUUHG WR &RYLQJWRQ E\ &25729,&+ 5$),(.,$1 FRQWDFWHG &RYLQJWRQ DQG VSRNH ZLWK RQH RI .(/1(5 6 SDUWQHUV 5REHUW /(1+$5' 5$),(.,$1 LQIRUPHG /(1+$5' RI ),* DQG WKDW KH PD\ KDYH WR ILOH )$5$ 5$),(.,$1 LQIRUPHG /(1+$5' WKDW ),* LQWHQGHG WR DFTXLUH D 'XWFK 81&/$66,),(' )282 Case 1:17-cr-00232-EGS Document 150-6 Filed 01/07/20 Page 6 of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³YHU\ YRFDO QHYHU 7UXPSHU´ DQG GLVSOD\HG WKHVH SROLWLFDO YLHZV RQ VRFLDO PHGLD 5$),(.,$1 LQIRUPHG .(/1(5 KH FRXOG QRW XVH KLP IRU OHJDO DGYLFH EHFDXVH RI .(/1(5¶V YLHZ RQ 3UHVLGHQW 'RQDOG - 75803 .(/1(5 UHFRPPHQGHG -DQ %$5$1 RI :LOH\ 5HLQ //& WR 5$),(.,$1 8 )282 5$),(.,$1 LQIRUPHG .(/1(5 KH KDG KDQGHG WKH /'$ PDWWHU RYHU WR .(//(< DQG .(//(< KDQGOHG LW IURP WKHUH .(/1(5 GLG QRW UHFDOO 5$),(.,$1 KDYLQJ VDLG KH KDG UHYLHZHG WKH VXEVWDQFH RI WKH /'$ ILOLQJ 8 )282 :KHQ DVNHG ZKDW IDFWV KH NQHZ UHJDUGLQJ 7XUNH\¶V LQYROYHPHQW ZLWK 3& )/<11 KDG LQIRUPHG &RYLQJWRQ WKH FOLHQW IRU 3& ZDV ,1292 )/<11 UHFDOOHG D PHHWLQJ KH KDG ZLWK 7XUNLVK PLQLVWHUV LQ 1HZ <RUN &LW\ 1<& LQ 6HSWHPEHU RI 7KH PHHWLQJ LQ 1<& ZDV D PHHW DQG JUHHW DQG D EULHI GLVFXVVLRQ RI 3& 7XUNLVK PLQLVWHUV WDONHG WR )/<11 DQG PHPEHUV RI ),* DERXW LVVXHV 7XUNH\ IDFHG 8 )282 5$),(.,$1 LQIRUPHG &RYLQJWRQ WKDW GLVFXVVLRQV EHWZHHQ $/37(.,1 DQG 7XUNH\ SHUWDLQHG WR HQWHULQJ DQ DJUHHPHQW RQ ³3URMHFW 7UXWK´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¶V LQYROYHPHQW ZLWK 3& )/<11 GLG QRW LQGLFDWH WR .(/1(5 &RYLQJWRQ WKDW $/37(.,1 WDONHG WR 7XUNLVK JRYHUQPHQW RIILFLDOV DERXW 3& )/<11 5$),(.,$1 DQG 0LFKDHO %26721 LQIRUPHG &RYLQJWRQ WKH ,1292 FRQWUDFW IRU 3& ZDV IRU WKH SXUSRVH RI LPSURYLQJ 8 6 EXVLQHVV FRQILGHQFH LQ 7XUNH\ 8 )282 :KHQ DVNHG ZKDW IDFWV ZHUH SURYLGHG WR &RYLQJWRQ DERXW 3& ZKLFK FRQWUDGLFW ),*¶V )$5$ ILOLQJ .(/1(5 H[SODLQHG DFFRUGLQJ WR 5$),(.,$1 81&/$66,),(' )282 )' D 5HY Case 1:17-cr-00232-EGS Document 150-6 Filed 01/07/20 Page 7 of 8 81&/$66,),(' )282 &RQWLQXDWLRQ RI )' RI 8 )282 ,QWHUYLHZ RI 5RE .HOQHU 2Q 3DJH RI *8/(1 ZDV WKH SUREOHP DQG ZDV GHVWUR\LQJ WKH FRQILGHQFH LQ 7XUNH\ ,Q RUGHU WR LQFUHDVH FRQILGHQFH LQ 7XUNH\ *8/(1 KDG WR EH VWRSSHG .(/1(5 GLG QRW UHFDOO LI 5$),(.,$1 PHQWLRQHG ZK\ *8/(1¶V QDPH ZDV PDVNHG LQ VRPH RI ),*¶V GRFXPHQWV 2S HG 8 )282 )/<11 LQIRUPHG &RYLQJWRQ KH DQG 5$),(.,$1 MRLQWO\ GLVFXVVHG WKH SRVVLELOLW\ RI ZULWLQJ DQ RSLQLRQ HGLWRULDO RS HG )/<11 KDG ZDQWHG WR ZULWH DQ RS HG )/<11 WKRXJKW LW ZRXOG EH KHOSIXO WR WKH 75803 3UHVLGHQWLDO &DPSDLJQ WR SRVW DQ RS HG ZKLFK FRQFHUQHG 7XUNH\ )/<11 GHVFULEHG WKH RS HG DV KDYLQJ EHHQ FRPSOHWHG RQ KLV RZQ EHKDOI DQG QRW IRU 3& 5$),(.,$1 LQIRUPHG &RYLQJWRQ WKH RS HG ZDV )/<11¶V LGHD DQG ZDV QRW SDUW RI 3& DQG ZDV MXVW VRPHWKLQJ )/<11 ZDQWHG WR GR 5$),(.,$1 KDG VHQW WKH RS HG WR +DQN &2; IRU HGLWLQJ 5$),(.,$1 VHQW WKH RS HG WR $/37(.,1 WR JHW KLV UHDFWLRQ $/37(.,1 GLG QRW ZDQW WKH RS HG SXEOLVKHG DQG WKRXJKW LW ZRXOG KXUW 7XUNLVK 3UHVLGHQW (5'2*$1 $/37(.,1 WKRXJKW WKH RS HG PLVUHSUHVHQWHG WKH 0XVOLP %URWKHUKRRG ^1RWH .(/1(5 ZDV SUHVHQWHG ZLWK DQ HPDLO VHQW IURP 5$),(.,$1 WR .(//(< DQG $/37(.,1 UHJDUGLQJ D GUDIW GRFXPHQW ZKLFK PLUURUV LQ VXEVWDQFH )O\QQ¶V 1RYHPEHU RS HG ` 8 )282 .(/1(5 GLG QRW UHFDOO KDYLQJ GLVFXVVHG WKLV HPDLO ZLWK DQ\RQH 3URMHFW &RQILGHQFH )XQGLQJ 8 )282 5$),(.,$1 KDG LQIRUPHG &RYLQJWRQ WKDW ,1292 %9 ZDV SD\LQJ IRU 3& DQG 5$),(.,$1 ZDV QRW DZDUH RI 7XUNH\ EHLQJ LQYROYHG %26721 LPSOLHG 7XUNH\ ZDV LQYROYHG ZLWK 3& )/<11 KDG LQIRUPHG &RYLQJWRQ 3& ZDV IXQGHG E\ $/37(.,1¶V FRPSDQ\ ,1292 8 )282 .(/1(5 UHFDOOHG D PHHWLQJ ZLWK 'DYLG /DXIPDQ IURP &(6 ZKHUH .(/1(5 GLG QRW UHFDOO KDYLQJ VDLG )/<11 GLG QRW KDYH FRQWDFW ZLWK 7XUNLVK RIILFLDOV IRU 3& .(/1(5 GLG QRW UHFDOO KDYLQJ VDLG WKDW )/<11 GLG QRW UHPHPEHU KDYLQJ KDG FRQYHUVDWLRQV ZLWK 7XUNLVK JRYHUQPHQW RIILFLDOV UHJDUGLQJ WKH RS HG SXEOLVKHG E\ )/<11 8 )282 .(/1(5 ZDV QRW DZDUH SULRU WR ),*¶V )$5$ ILOLQJ RI RWKHU FRQWDFWV KH .(/1(5 RU ),* PD\ KDYH KDG ZLWK 7XUNLVK RIILFLDOV RWKHU WKDQ WKRVH ),* KDG ZLWK $/37(.,1 8 )282 .(/1(5 ZDV RQO\ DZDUH RI 5$),(.,$1 )/<11 DQG WKH VWDII RI WKH )$5$ ILOLQJ XQLW WR KDYH UHFHLYHG D GUDIW RI ),*¶V )$5$ ILOLQJ .(/1(5 ZDV QRW DZDUH LI .(//(< KDG UHFHLYHG WKH )$5$ ILOLQJ SULRU WR LWV VXEPLVVLRQ 81&/$66,),(' )282 Case 1:17-cr-00232-EGS Document 150-6 Filed 01/07/20 Page 8 of 8 )' D 5HY 81&/$66,),(' )282 &RQWLQXDWLRQ RI )' RI 8 )282 ,QWHUYLHZ RI 5RE .HOQHU 2Q 3DJH RI WR WKH )$5$ XQLW $ GUDIW RI ),*¶V )$5$ ILOLQJ ZDV JLYHQ WR )/<11 E\ KLV DWWRUQH\ 9(5'(5$0( 9(5'(5$0( SURYLGHG ZULWWHQ DQG RUDO IHHGEDFN WR &RYLQJWRQ DERXW ),*¶V )$5$ ILOLQJ 9(5'(5$0( SDUWLFLSDWHG LQ ZULWLQJ WKH ),* )$5$ ILOLQJ 60,7+ .(/1(5 /$1*721 DQG 6WHSKHQ $17+21< RI &RYLQJWRQ ZHUH LQYROYHG ZLWK WKH GUDIWLQJ DQG SURYLGLQJ RI VXEVWDQWLYH LQIRUPDWLRQ IRU ),*¶V )$5$ ILOLQJ 1R RQH RXWVLGH RI &RYLQJWRQ ZDV LQYROYHG ZLWK WKH GUDIWLQJ RI WKH )$5$ ILOLQJ H[FHSW IRU 5$),(.,$1 9(5'(5$0( DQG WKH )$5$ XQLW 5$),(.,$1 ZDQWHG WR FKDQJH WKH GUDIW RI ),*¶V )$5$ DSSOLFDWLRQ WR LQGLFDWH UHIXQGV ZHUH SDLG WR $/37(.,1 IURP ),* DQG QRW WKDW RI FRQVXOWLQJ IHHV 5$),(.,$1 REMHFWHG WR ),*¶V )$5$ ILOLQJ KDYLQJ GLVFORVHG -DPHV :22/6(< >PHPEHU RI ),*¶V DGYLVRU\ ERDUG@ DV EHLQJ LQYROYHG ZLWK WKH FRQWUDFW EHWZHHQ ),* DQG ,1292 5$),(.,$1 GLG QRW ZDQW WR XSVHW :22/6(< :22/6(< ZDV LQYROYHG ZLWK D SKRQH FDOO DQG WKH PHHWLQJ LQ 1<& ZKLFK FRQVLVWHG RI 7XUNLVK JRYHUQPHQW RIILFLDOV )XUWKHU 5$),(.,$1 REMHFWHG WR WKH ZRUG ³NLFNEDFN´ KDYLQJ EHHQ PHQWLRQHG LQ ),*¶V )$5$ ILOLQJ GUDIW 5$),(.,$1 KDG SURYLGHG KLV REMHFWLRQV WR ),*¶V )$5$ ILOLQJ GUDIW YLD HPDLO WR &RYLQJWRQ ),*¶V )$5$ 5HJLVWUDWLRQ 6WDWHPHQW 8 )282 7KH SULPDU\ SULQFLSDO LQ ),*¶V )$5$ ILOLQJ ZDV ,1292 .(/1(5 GLG QRW UHFDOO 5$),(.,$1 KDYLQJ PHQWLRQHG WKH VXEMHFW RI ),* KDYLQJ EHHQ HQJDJHG LQ VXSSRUW RI D SULYDWH VHFWRU FRPSDQ\ LQ ,VUDHO )/<11 ZDV QRW DZDUH RI ,VUDHO KDYLQJ EHHQ LQYROYHG ZLWK 3& DQG JDYH QR FRPPHQW RU REMHFWLRQV WR WKH PDWWHU 8 )282 3ULRU WR ),*¶V )$5$ ILOLQJ RQ )/<11 LQIRUPHG .(/1(5 DERXW RQH RU WZR FRQYHUVDWLRQV KH KDG ZLWK $/37(.,1 )/<11 GLG QRW VKDUH WKHVH FRQYHUVDWLRQV KH KDG ZLWK $/37(.,1 LQ GHWDLO ZLWK .(/1(5 %26721 KDG PHQWLRQHG WR &RYLQJWRQ SKRQH FDOOV ),* KDG ZLWK $/37(.,1 .(/1(5 GLG QRW UHFDOO KDYLQJ DVNHG 5$),(.,$1 DERXW WKH ZHHNO\ XSGDWHV JLYHQ WR $/37(.,1 RQ EHKDOI RI ),* ZKLFK SHUWDLQHG WR 3& 81&/$66,),(' )282