Former Executive Director of the CIA Kyle "Dusty" Foggo is due to be sentenced on his conviction on a single criminal count on February 26 at the U.S. Courthouse for the Eastern District of Virginia in Alexandria. Foggo's original sentencing hearing was delayed for a week.
In filings to the court prior to Foggo's sentencing acting U.S. Attorney Dana Boente painted a picture of the number three man in charge of the CIA as a high-roller who accepted free trips, dinners, wine, and even sexual favors as a result of his favoritism in awarding CIA contracts to the firms of his old San Diego friend Brent Wilkes. Foggo was convicted of carrying out his scheme while he was both CIA Chief of Support Operations and Executive Director during the time frame December 2002 to September 2006.
The government is asking for a prison sentence of 19 to 22 months to be imposed on Foggo.
Federal prosecutors noted in their court filing titled "Government's Reply to Defendants Sentencing Memorandum," that Foggo "received immediate benefits for his favors: from Wilkes, he received expensive meals and trips, along with the promise of future benefits as Wilkes’s executive officer; from E.R., he received extra-marital sexual companionship and the promise of future benefits as E.R.’s husband."
In a court filing, Boente states: "Foggo claims that his 'very public fall from grace' will suffice to deter other high-ranking officials from committing felonies, and claims that the significant custodial sentence warranted here would 'discourage others from cooperating in the future.' The Court should understand that Foggo has not cooperated with the Government in any sense. The Government is not recommending a departure for any 'cooperation,' and objects to this characterization of Foggo’s conduct, which appears to be another attempt to minimize his culpability and cast his guilty plea as having been done for the good of the nation."
The release by the government of witness statements in the case against Foggo are also revealing. One witness, referred to as "John Doe #1" stated in an affidavit signed on February 13, 2009, that he was in a leadership position in the CIA's Special Activities Division (SAD), which handled the CIA's air operations. The controversial CIA rendition program using chartered aircraft and shell companies was in the purview of the SAD's responsibilities. Doe #1 testified that on June 6, 2005, Foggo, the CIA's Executive Director at the time, introduced Doe #1 to Brent Wilkes to discuss "cover" for future CIA air operations. It is apparent that Foggo and Wilkes were attempting to bilk the CIA for a project called "Enhanced Capability for CIA air operations" and Doe #1 stated that his objections to a contract with Wilkes were overruled by Foggo, who also apparently had the support of Porter Goss, the then "DCI" or Director of Central Intelligence. Doe #1 said that after his chief informed him that Wilkes was under criminal investigation as part of the Representative Randall "Duke" Cunningham scandal he was greatly relieved when he was told the agency would not have to proceed with Wilkes' air operations "cover" solution.
In a February 10, 2009, affidavit, "John Doe 2" described himself as a 20-year CIA veteran who had served as Chief of Station at various locations and as Chief of Counter-intelligence. He described an incident at an overseas location where Foggo was arrested for hitting a bicyclist in the face, resulting in a "Diplomatic Protest" letter to the U.S. ambassador from the host government. Doe #2 was CIA Chief of Station and Foggo was his Chief of Support. Foggo told Doe #2 that the entire incident was an attempt by the local police to solicit a bribe from him and that he experienced similar police shakedowns when he was a cop in San Diego. The Chief of Station said he spoke to the host country's police liaison officer and the head of the intelligence service and they scoffed at Foggo's version of the events that led to the beating of the cyclist and his arrest.
Doe #2 said he reported Foggo to the CIA Office of Security, first, because he had never had one of his agents cause a Diplomatic Protest and, second, because Foggo failed to report his contacts with a number of foreign national women. CIA Security apparently took no action against Foggo. Doe #2 then states: "I was flabbergasted when Mr. Foggo was selected as the Executive Director. I found Director Goss's selection to be quite revealing, that Mr. Goss had been taken in by a "con man" like Mr. Foggo." Doe #2 continues, He [Foggo] was sycophantic in his dealings with his superiors, always trying to curry favor with his higher-ups. I was not surprised when I heard of his guilty plea. I knew Mr. Foggo was a person who was seriously flawed, ethically and morally, who would cut corners to achieve him aims."
"Jane Doe #1" is described as a 20-year CIA veteran who worked with Foggo at an overseas location. In a February 12, 2009, affidavit she stated Foggo introduced her to a "JC" from a company called Archer Defense in 2003. She said that Foggo was upset to learn that after Archer provided bottled water to the CIA station that it was French water. Jane Doe #1 said Foggo stated he did not want water, "or anything else," from France. Archer was forced to replace the water with non-French water. Foggo directed that Archer be used by the CIA for the procurement of additional supplies. Jane Doe #1 said she later learned that Archer's "JC" was the nephew of Foggo's best friend, Brent Wilkes. JC is later identified as Joel Combs.
"Jane Doe #2" said in her affidavit dated February 11, 2009, that she was hired by the CIA in 1985 and established a "close professional and personal relationship" with Foggo. Jane Doe #2 served as CIA Director of Support while Foggo was Executive Director. Jane Doe #2 stated that while having a cup of coffee in the CIA cafeteria after 9/11, Foggo told her that he was on the "outs" with the CIA and was considering going to work for Wilkes' company in a senior executive position before running for Cunningham's congressional seat in San Diego. Foggo said Wilkes was in on his congressional aspirations. Jane Doe #2 stated she realize late in the game that Foggo had lied to CIA officials about his contacts with Cunningham and Wilkes' firm, Archer Logistics, located in Chantilly, Virginia and lorded over by Wilkes' nephew, Joel Combs. Jane Doe #2 reveals that, contrary to evidence at the time, the CIA was lying to reporters who were asking if Foggo helped his friend Wilkes obtain contracts from the CIA.
In an affidavit dated February 11, 2009, Combs stated that he operated out of Group W Advisors but that this was one part of Wilkes' corporate identities that also included ADCS, Inc., Archer Defense Technologies, Inc., Archer Logistics, and Wilkes Corporation. Combs also states that Foggo attempted to have Combs enter into a contract as a "middleman for CIA security work" that involved a foreign-owned private security company called Universe Security Group. Universe Security Group Ltd. is a privately-held company located in Grosvenor Gardens in London. Universe Security Group has a single strategic partner, Nemesysco Ltd., headquartered in Natania, Israel, which specializes in voice analysis systems.
Combs also revealed details on the proposed "cover" for the CIA SAD's air operations. Archer Air would be set up with an initial corporate name of "JC Industries."
Porter Goss' affidavit, signed on January 23, 2009, contains a number of dubious claims. WMR has previously reported that Goss, Foggo, Cunningham, and others were present a poker parties at the Watergate Hotel and the Westin Grand Hotels in Washington and that some of these parties involved female escorts supplied by Pamela Martin & Associates escort agency run by the late Deborah Jeane Palfrey and transported by Shirlington Limousine and Transportation Inc. This is what Goss said about the man who became his Executive Director at the CIA: "Other than [limited contact while Goss served as Chairman of the House Permanent Select Committee on Intelligence] I do not recall meeting Mr Foggo while I served as a Congressman." Goss said Foggo was recommended to him as Executive Director by his senior staff at the CIA. That is certainly at odds with John Doe #2's opinion of Foggo, which must have been shared by other senior staff, keeping in mind that John Doe #2 was the CIA's Chief of Counter-intelligence. Goss also states about Foggo: "I did not suggest him nor seek him out as a candidate."
Goss not only selected Foggo for Executive Director but gave him an Employee Performance Award in August 2005.
Goss then describes how he found out about Foggo's dealings with Cunningham and Wilkes from the press and that he felt that Foggo had "been less than candid" about prior statements made by Foggo about any skeletons in his closet. However, Goss was present at the poker parties with the escorts, Foggo, Cunningham, and Wilkes. Goss signs the affidavit after the sentence, "I declare under penalty of perjury that the foregoing is true and correct."
The federal government's appendices to their court filings reveals a relationship between Foggo and Wilkes dating as far back as 1998 when Wilkes paid for Foggo to attend a class reunion in San Diego. Foggo accepted a number of meals and bottles of wine at the Capital Grille on Pennsylvania Avenue in Washington, DC. Also in the Foggo swag bag from Wilkes were vacations to Hawaii, Scotland, London, and Disney World (including limousine service).
Out of all the government's witness statements regarding Foggo, the one that stands out as the most unbelievable and, possibly open to a perjury investigation, is that of Goss, who, in addition to hiring Foggo as Executive Director, wanted originally to hire as his Executive Director, Michael Kostiw, who was forced to resign from the CIA twenty years earlier for shoplifting a pound of bacon from a McLean, Virginia market. Foggo outdid Kostiw by stealing much more than a pound of bacon.