http://cryptome.org/2012/10/kiriakou-plea-facts.pdf

Case 1:12-cr-00127-LMB   Document 114    Filed 10/23/12   Page 1 of 7 PageID# 758

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA

PLEA AGREEMENT
Neil H. MacBride, United States Attorney for the Eastern District of Virginia, the belowlisted counsel for the government, defendant JOHN C. KIRIAKOU, and the defendant's counsel
have entered into an agreement pursuant to Rule 11(c)(1)(C)ofthe Federal Rules ofCriminal
Procedure. The terms ofthe agreement are as follows:
1. Offense and Maximum Penalties
The defendant agrees to plead guilty to Count One ofthe indictment, charging him with
intentionally disclosing information identifying a covert agent, in violation ofTitle 50, United
States Code, Section 421(a). The maximum penalties for this offense are, a maximum term of
ten (10) years ofimprisonment, a fine of $250,000, a special assessment of$100.00, and three (3)
years ofsupervised release. The defendant understands that this supervised release term is in
UNITED STATES OF AMERICA
Criminal No. 1:12crl27 (LMB)
JOHN C. KIRIAKOU,
Defendant.
PLEA AGREEMENT
Neil H. MacBride, United States Attorney for the Eastern District ofVirginia, the belowlisted counsel for the government, defendant JOHN C. KIRIAKOU, and the defendant's counsel
have entered into an agreement pursuant to Rule 11(c)(1)(C)ofthe Federal Rules ofCriminal
Procedure. The terms ofthe agreement are as follows:
1. Offense and Maximum Penalties
The defendant agrees to plead guilty to Count One ofthe indictment, charging him with
intentionally disclosing information identifying a covert agent, in violation ofTitle 50, United
States Code, Section 421(a). The maximum penalties for this offense are, a maximum term of
ten (10) years ofimprisonment, a fine of $250,000, a special assessment of$100.00, and three (3)
years ofsupervised release. The defendant understands that this supervised release term is in
addition to any prison term the defendant may receive, and that a violation ofa term of
supervised release could result in the defendant being returned to prison for the full term of
supervised release.

Case 1:12-cr-00127-LMB   Document 114    Filed 10/23/12   Page 2 of 7 PageID# 759

2. Binding Sentence to Term of Imprisonment Pursuant to Rule 11(c)(1)(C) of
the Federal Rules of Criminal Procedure
The United States and the defendant agree that the defendant's sentence shall be imposed
pursuant to Rule 11(c)(1)(C) ofthe Federal Rules ofCriminal Procedure. The United States and
the defendant agree that the appropriate sentence in this case is a term ofimprisonment ofthirty
(30) months on Count One, a term ofsupervised release ofthree (3) years, and a special
assessment of $100. If the Court rejects the plea agreement, consistent with Rule 11(c)(5), the
defendant will have the opportunity to withdraw this guilty plea. The defendant understands that
in the event the Court does not accept this plea agreement, the United States is free to bring
against him in a separate proceeding the criminal charges contained in the indictment and any
other applicable charges and that he may face a greater sentence ofimprisonment if convicted of
these offenses.
3. Recommendation ofBureau of Prisons Facility
The United States does not oppose the defendant's request to the Court that he be
recommended for designation by the Bureau of Prisons to serve any sentence he receives at the
minimum security camp at FCI Loretto, Pennsylvania. The parties recognize that it is solely
within the discretion ofthe Bureau ofPrisons to determine where the defendant is actually
designated.
4. Factual Basis for the Plea
The defendant will plead guilty because the defendant is in fact guilty ofthe charged
offense. The defendant admits the facts set forth in the statement offacts filed with this plea
agreement and agrees that those facts establish guilt ofthe offense charged beyond a reasonable
Case 1:12-cr-00127-LMB   Document 114    Filed 10/23/12   Page 2 of 7 PageID# 759doubt. The statement offacts, which is hereby incorporated into this plea agreement, constitutes
a stipulation offacts for purposes ofSection IB1.2(a)ofthe Sentencing Guidelines.
5. Assistance and Advice of Counsel
The defendant is satisfied that the defendant's attorney has rendered effective assistance.
The defendant understands that by entering into this agreement, defendant surrenders certain
rights as provided in this agreement. The defendant understands that the rights ofcriminal
defendants include the following:
a. the right to plead not guilty and to persist in that plea;
b. the right to a jury trial;
c. the right to be represented by counsel - and if necessary have the court
appoint counsel - at trial and at every other stage ofthe proceedings; and
d. the right at trial to confront and cross-examine adverse witnesses, to be
protected from compelled self-incrimination, to testify and present
evidence, and to compel the attendance ofwitnesses.
6. Forfeiture of Pension Related to Federal Service
a. The defendant understands that pursuant to Title 5, United States Code,
Section 8312, he may not be paid an annuity or retirement payments arising from his federal
service as a result ofhis conviction on the offense charged in Count One. Thus, the defendant
agrees to forfeit any interests he has in such future payments.
b. The defendant also acknowledges and agrees that, pursuant to Title 5, United
States Code, Section 8318(e), the defendant's spouse shall be eligible for spousal pension
benefits only ifthe Attorney General ofthe United States determines that the defendant's spouse
Case 1:12-cr-00127-LMB   Document 114    Filed 10/23/12   Page 3 of 7 PageID# 760fully cooperates with federal authorities in the ongoing criminal investigation and prosecution of
the defendant. However, the decision to invoke the provision ofTitle 5, United States Code,
Section 8318(e) is vested solely in the Attorney General, and any determination by the Attorney
General that the defendant's spouse has not fully cooperated shall not be a basis for the defendant
to withdraw his guilty plea.
7. Waiver of Appeal, FOIA and Privacy Act Rights
The defendant also understands that Title 18, United States Code, Section 3742 affords a
defendant the right to appeal the sentence imposed. Nonetheless, the defendant knowingly
waives the right to appeal the conviction and any sentence within the statutory maximum
described above (or the manner in which that sentence was determined) on the grounds set forth
in Title 18, United States Code, Section 3742 or on any ground whatsoever, in exchange for the
concessions made by the United States in this plea agreement. This agreement does not affect
the rights or obligations ofthe United States as set forth in Title 18, United States Code, Section
3742(b). The defendant also hereby waives all rights, whether asserted directly or by a
representative, to request or receive from any department or agency ofthe United States any
recordspertaining to the investigation or prosecution ofthis case, including without limitation
any records that may be sought under the Freedom ofInformation Act, Title 5, United States
Code, Section 552, or the Privacy Act, Title 5, United States Code, Section 552a.
8. Special Assessment
Before sentencing in this case, the defendant agrees to pay a mandatory special
assessment ofone hundred dollars ($100.00) per count ofconviction
9. Payment of Monetary Penalties
The defendant understands and agrees that, pursuant to Title 18, United States Code,
Section 3613, whatever monetary penalties are imposed by the Court will be due immediately
and subject to immediate enforcement by the United States as provided for in Section 3613.
Furthermore, within 14 days of a request, the defendant agrees to provide all ofthe defendant's
financial information to the United States and the Probation Office and, if requested, to
participate in a pre-sentencing debtor's examination and/or complete a financial statement under
penalty of perjury. If the Court imposes a schedule of payments, the defendant understands that
the schedule of payments is merely a minimum schedule ofpayments and not the only method,
nor a limitation on the methods, available to the United States to enforce the judgment. If the
defendant is incarcerated, the defendant agrees to voluntarily participate in the Bureau of Prisons'
Inmate Financial Responsibility Program, regardless ofwhether the Court specifically directs
participation or imposes a schedule of payments.
10. Immunity from Further Prosecution in this District
The United States will not further criminally prosecute the defendant in the Eastern
District ofVirginia for the specific conduct described in the indictment or statement offacts.
11. Dismissal of Other Counts
As a condition ofthe execution ofthis agreement and the Court's acceptance ofthe
defendant's plea of guilty, the United States will move to dismiss the remaining counts ofthe
indictment against this defendant.
Case 1:12-cr-00127-LMB   Document 114    Filed 10/23/12   Page 5 of 7 PageID# 76212. Nature ofthe Agreement and Modifications
This written agreement constitutes the complete plea agreement between the United
States, the defendant, and the defendant's counsel. The defendant and his attorneyacknowledge
that no threats, promises, or representations have been made, nor agreements reached, other than
those set forth in writing in this plea agreement, to cause the defendant to plead guilty. Any
modification ofthis plea agreement shall be valid only as set forth in writing in a supplemental or
revised plea agreement signed by all parties.
Neil H. MacBride
United States Attorney
By:
Mark E. Schneider / Iris Lan / Ryan P. Fayhee

Special Attorneys to the Attorney General
W. Neil Hammerstrom, Jr. ^X^T
Assistant United States Attorney <£_ -