Stewart David Nozette and economic espionage against the United States

Dr. Stewart David Nozette (born May 20, 1957) is an American scientist and astronomer. He has worked for the United States Department of Energy, the United States Department of Defense, and NASA. His research has resulted in multiple publications in the journal Science. The FBI arrested him October 19, 2009, charging him with attempted espionage, after a sting operation. Nozette attempted to sell U.S. classified information to someone he believed was an Israeli Mossad operative, but was in reality an undercover Federal Bureau of Investigation employee. He pleaded guilty to one charge of espionage and was sentenced, under the terms of a plea bargain, to thirteen years in prison.

Nozette was born in Chicago, Illinois on May 20, 1957, to Helen and Morris Nozette. He grew up in Chicago’s heavily Jewish West Rogers Park neighborhood. His parents were involved in the local reform temple. However, Stewart showed little interest in Jewish matters as an adult.

Nozette was under investigation by the Justice Department for possible fraudulent billing on a NASA contract by a nonprofit corporation he ran, "Alliance for Competitive Technology.". An unnamed NASA Inspector had allegedly found billing to NASA for expenses including, among other things, three mortgages, nine credit cards, a Tennis club, pool cleaning, and the Mercedes-Benz Credit Corporation.[13] Documents found by the Justice Department while investigating this allegation included classified documents and an e-mail in which Nozette "threatened to take a classified program on which he worked to an unnamed foreign country or Israel." This information was passed along to the FBI.

In September 2009, Nozette began receiving phone calls from a person claiming to be an agent of Mossad. In reality this was an undercover FBI agent. Nozette expressed a willingness to exchange American intelligence for financial rewards. His first payment was received upon his answers to a list of questions regarding American satellite technology for public access GPS. The information he claimed he would hand over included classified information. A folder left for this contact in a post office box contained "information classified as both top secret and secret that concerned US satellites, early warning systems, means of defense or retaliation against large-scale attack, communications intelligence information, and major elements of defense strategy." The United States Department of Justice criminal complaint, however, does not charge that "the government of Israel or anyone acting on its behalf committed any offense under U.S. laws."

According to the criminal complaint, Nozette told his espionage contact that his parents were Jewish, and therefore claimed a right to return under Israel's Law of Return. He also asked allegedly for two million dollars and a passport .

Nozette reached a plea bargain with prosecutors and pleaded guilty to a single count of espionage, as well as pleading guilty earlier to the charges of fraud and tax evasion. He was sentenced to thirteen years of prison. Held in custody since his arrest in [2009], Nozette received credit for the time he has already served.

The FBI arrested Stewart Nozette on October 19, 2009 and charged him with attempted espionage.  Case files allege Nozette's impersonation of colleague's email account to gain access to classified information and transport of USB thumb drives (possibly loaded with classified information) overseas. Newer files reveal Nozette's efforts to reverse AG Eric Holder's imposition of "Special Administrative Measures" that limit his communications, including unmonitored private conversations with his wife.

Document/File Date	Contents
08/10/2011	Status Conference scheduled for 9/8/2011 @ 10AM in Courtroom 29A before Judge Paul L. Friedman.
08/01/2011	Nozette public defender Robert L. Tucker retires from government employment at the Federal Public Defenders Office.  Is appointed counsel pursuant to Criminal Justice Act effective August 1, 2011 by Judge Paul L. Friedman.
06/22/2011	Counsel for the defendant, Stewart Nozette, requests a continuance of scheduled 6/22/2011 status conference to first week of August, 2011 since the parties "continue to engage in discovery and expect that they will be in a position to propose a motions schedule at that time..."  Continuance until August 1, 2011 granted by Judge Paul L. Friedman.
03/16/2011	Minute Entry for proceedings held before Judge Paul L. Friedman: Status Conference as to STEWART DAVID NOZETTE held on 3/16/2011. Oral request by the government for a further Status Conference in the latter part of June, 2011; granted. Next Status Conference set for 6/22/2011 at 09:30 AM in Courtroom 29A before Judge Paul L. Friedman. Bond Status of Defendant: Committed/Commitment issued; Court Reporter: Lisa Schwam. Defense Attorney: Robert L. Tucker and John C. Kiyonaga; US Attorney: Anthony Asuncion, Heather M. Schmidt, and Deborah A. Curtis.
03/16/2011	Minute Entry for proceedings held before Judge Paul L. Friedman: Status Conference as to STEWART DAVID NOZETTE held on 3/16/2011. Oral request by the government for a further Status Conference in the latter part of June, 2011; granted. Next Status Conference set for 6/22/2011 at 09:30 AM in Courtroom 29A before Judge Paul L. Friedman. Bond Status of Defendant: Committed/Commitment issued; Court Reporter: Lisa Schwam. Defense Attorney: Robert L. Tucker and John C. Kiyonaga; US Attorney: Anthony Asuncion, Heather M. Schmidt, and Deborah A. Curtis.
01/31/2011	The Status Conference, currently set for 2/1/2011 @ 9:00 a.m., is hereby reset to 3/1/2011 @ 10:00 a.m. in Courtroom 29A before Judge Paul L. Friedman. Signed by Judge Paul L. Friedman on 1/31/2011. (zmm, ) (Entered: 01/31/2011)
12/06/2010	Minute Entry for proceedings held before Judge Paul L. Friedman: Status Conference as to STEWART DAVID NOZETTE held on 12/6/2010. Next Status Conference set for 2/1/2011 @ 09:00 AM in Courtroom 29A before Judge Paul L. Friedman. Bond Status of Defendant: Defendant committed. Commitment issued.; Court Reporter: Rebecca Stonestreet; Defense Attorney: John C. Kiyonaga and Robert L. Tucker; US Attorney: Anthony Asuncion and Deborah A. Curtis. (zmm, ) (Entered: 12/06/2010)
11/17/2010	Superseding indictment.  "STEWART DAVID NOZETTE, did knowingly and unlawfully attempt to communicate, deliver, and transmit to a foreign government, to wit the Government of the State of Israel, and representatives, officers, and agents thereof, directly and indirectly, documents and information relating to the national defense of the United States, specifically, documents and information classified SECRET/SCI which directly concerned classified aspects and mission capabilities of a prototype overhead collection system and which disclosure could negate the ability to support military and intelligence operations, with the intent and reason to believe that such documents and information were to be used to the injury of the United States and to the advantage of a foreign government, namely, the Government of the State of Israel.
05/13/2010	Nozette requests that the court strike the Attorney General's imposition of "special administrative measures" governing Nozette's imprisonment at the DC jail which "go well beyond those generally applicable to pretrial detainees..."
05/13/2010	Nozette challenges Special Administrative Measures as unconstitutional.  SAM imposed on Nozette include: Telephone Contacts: Mr. Nozette may only use the telephone to speak with immediate family members, government officials may limit the calls to one a month and the FBI, among others, may monitor and record the calls. Attachment   Visitation: Similar rules apply to visitation. Mr. Nozette may only visit with immediate family members. Such visits can only take place with a minimum of 14 calendar days notice to the government and may be monitored by the FBI. Non-legal mail: Other than with the courts, members of the prosecution team and Congress, Mr. Nozette may only correspond with immediate family members and may be limited to three pieces of paper once per calendar week per recipient. All correspondence with his family is to be copied and sent to the FBI, who will review the same and forward it to the recipient within two weeks. Religious services and visitation: Mr. Nozette is prohibited from engaging in group prayer with other inmates, the FBI or other government official must approve his contact with any religious representation and the FBI may, at its discretion, attend and record any such religious-based contact. Solitary Confinement and Prohibition of Contact with Other Inmates: The SAM provides that Mr. Nozette is to kept in solitary confinement. He is not only to be confined in a single-inmate cell, but also prohibited from making any statement which another inmates might overhear and from otherwise communicating with another inmate. Access to radio, television, newspapers and other publications: Mr. Nozette is prohibited from access to radio and television and may only receive newspapers, books and other publications at the discretion of the FBI or other government officials.
03/17/2010	Government prosecutors notify the court of "intent to introduce evidence of prior conduct of the defendant".  The government seizes several computer devices containing classified information in safe deposit boxes in California which Nozette thought would "become valuable someday." The filing details Nozette's alleged 2002 attempt to obtain classified information during which he impersonated a Navy Research Laboratory employee by email.
03/02/2010	The Counterespionage Section, National Security Division with the concurrence of the FBI requests that Special Administrative Measures be reduced to allow Nozette access to "publications/newspapers, television and radio."
01/04/2010	The government files opposition to the defendant's move to suppress.  Filing includes dialogue with an undercover FBI employee (UCE) during which Nozette agrees to spy for the Mossad. “UCE: ….I’ll just say it real quick and then we’ll just move on. Quick, I wanna clarify something from the start. And I don’t say it very often, but umm, I work for Israeli Intelligence… NOZETTE: Mm-hmm UCE:…Agency known here as Mossad. NOZETTE: Mm-hmm UCE: So from now on I’m not gonna say this. But if I say service… NOZETTE: Mm-hmm UCE: ….so you know what that, what it is. But I just wanna be sure, I’ll let it out so we don’t have any ambiguity later on. But…. NOZETTE:….Mm-hmm UCE: How you doin’? NOZETTE: Good. Happy to be of assistance.”
11/02/2010	Stewart Nozette files a motion to "suppress the fruits of the search of defendant's family home, person and car."
10/21/2009	Nozette is incarcerated under special administrative measures (SAM) imposed by Attorney General Eric Holder based on the danger that "Nozette will disclose classified information, that the unauthorized disclosure of such information would pose a threat to the national security of the United States, and that the SAM on Nozette are reasonably necessary to prevent disclosure of such information."  The order is renewable on October 21, 2010.
10/21/2009	A Grand Jury indicts Stewart D. Nozette on the basis that he did "knowingly and unlawfully attempt to communicate, deliver, and transmit to a foreign government, to the Government of the State of Israel, and representatives, officers, and agents thereof, directly and indirectly, documents and information relating to the national defense of the United States."
10/16/2009	An attachment to the criminal complaint recommends two counts of "Unlawful attempt to deliver defense information to aid a foreign government."
10/16/2009	An affidavit in support of a criminal complaint and arrest warrant certifies that Nozette held special security clearance "Q" from the Department of Energy, equivalent to the US Department of Defense Top Secret and Critical Nuclear Weapon Design Information clearances.  DOE clearances provide to access to information specifically relating to atomic or nuclear-related materials.  The complaint details an FBI sting operation against Nozette during which he agrees to spy for what he thinks is the Mossad.

Notes and Refrences on wikizionism.org