nationalsecuritylaw United States v. Martin (D. Maryland Oct. 5, 2016) (NSA contractor arrested for stealing TS/SCI data)

Though NSA is not actually named here, the NY Times had a story that went live just minutes earlier describing an NSA contractor arrested in these exact circumstances.

MARYLAND MAN CHARGED WITH REMOVAL OF CLASSIFIED MATERIALS AND THEFT OF GOVERNMENT PROPERTY

WASHINGTON – A criminal complaint has been filed charging Harold Thomas Martin III, 51, of Glen Burnie, Maryland, with theft of government property and unauthorized removal and retention of classified materials by a government employee or contractor.

Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Rod J. Rosenstein for the District of Maryland and Special Agent in Charge Gordon B. Johnson of the FBI’s Baltimore Field Office made the announcement today.

According to the affidavit filed in support of the criminal complaint, Martin was a contractor with the federal government and had a top secret national security clearance. Martin was arrested late on Aug. 27, 2016. The complaint was filed on Aug. 29, 2016 and unsealed today.

On Aug. 27, 2016, search warrants were executed at Martin’s residence in Glen Burnie, Maryland, including two storage sheds, as well as upon his vehicle and person. During execution of the warrants, investigators located hard-copy documents and digital information stored on various devices and removable digital media. A large percentage of the materials recovered from Martin’s residence and vehicle bore markings indicating that they were property of the U.S. government and contained highly classified information, including Top Secret and Sensitive Compartmented Information (SCI). In addition, investigators located property of the U.S. government with an aggregate value in excess of $1,000, which Martin allegedly stole.

The complaint alleges that among the classified documents found in the search were six classified documents obtained from sensitive intelligence and produced by a government agency in 2014. These documents were produced through sensitive government sources, methods and capabilities, which are critical to a wide variety of national security issues. The disclosure of the documents would reveal those sensitive sources, methods and capabilities.

The documents have been reviewed by a person designated as an original classification authority, and in each instance, the authority has determined that the documents are currently and properly classified as Top Secret, meaning that unauthorized disclosure reasonably could be expected to cause exceptionally grave damage to the national security of the U.S.

If convicted, Martin faces a maximum sentence of one year in prison for the unauthorized removal and retention of classified materials and ten years in prison for theft of government property. An initial appearance was held for Martin in U.S. District Court in Baltimore on Aug. 29, 2016. Martin remains detained.

A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.

Assistant Attorney General Carlin and U.S. Attorney Rosenstein commended the FBI for its work in the investigation and thanked the Maryland State Police for its assistance. Mr. Rosenstein and Mr. Carlin thanked Assistant U.S. Attorneys Zachary A. Myers and Harvey E. Eisenberg, and Trial Attorney David Aaron of the National Security Division’s Counterintelligence and Export Control Section, who are prosecuting the case.

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16-1161

DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007

Martin Criminal Complaint.pdf

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