Case Document 33 Filed 02 08 17 Page 1 of 12 RWY us ozstgiegfggum IN THE UNITED CifididURT FOR THE UNITED STATES OF AMERICA gift igE rs MINAL No Mfg- 7 069 - 8 i lful Retention of National Defense HAROLD T MARTIN rmation 18 U S C 793 e Forfeiture 18 U S C 981 Defendant INDICTMENT COUNTS ONE THROUGH TWENTY Willful Retention of National Defense Information The Grand Jury for the District of Marylandcharges that At all times material to this Indictment General Allegations The Defendant 1 Defendant Harold T Martin 111 now age 52 was a resident of Glen Burnie Anne Arundel County Maryland 2 Beginning in or about December 1993 and continuing through on or about August 27 2016 MARTIN was employed as a private contractor assigned to work at a number of government agencies In connection with his employment MARTIN held various security clearances and had access to national defense and classi ed information Classi ed Information 3 Pursuant to Executive Order 12958 signed on April 17 1995 as amended by Executive Order 13292 on March 25 2003 and Executive Order 13526 on December 29 2009 national security information was classi ed as or Case Document 33 Filed 02 08 17 Page 2 of 12 National security information was information owned by produced by produced for and under the control of the United States government that was classi ed as follows a Information was classi ed as TOP SECRET if the unauthorized disclosure of that information reasonably could be expected to cause exceptionally grave damage to the national security that the original classi cation authority was able to identify and describe b Information was classi ed as SECRET if the unauthorized disclosure of that information reasonably could be expected to cause serious damage to the national security that the original classi cation authority was able to identify and describe c Information was classi ed as CONFIDENTIAL if the unauthorized disclosure of that information reasonably could be expected to cause damage to the national security that the original classi cation authority is able to identify and describe 4 Access to national security information classi ed at any level could be further restricted through compartmentation in Sensitive Compartmented Information SCI categories Only individuals with the appropriate security clearance and additional SCI access es could have access to such classi ed national security information 5 Classi ed information including SCI was marked according to its classi cation and applicable SCI compartments following standard formats for different types of media including headers and footers stating the highest classi cation level and SCI compartments of information a document contained and individual classi cations markings for each paragraph 6 Information classi ed at any level could only be accessed by persons determined by an appropriate United States government of cial to be eligible for access to classi ed information who had signed an approved non-disclosure agreement who received a security clearance and who had a need to know the classi ed information Classi ed information could only be stored in an approved facility and container Case Document 33 Filed 02 08 17 Page 3 of 12 Relevant Government Agencies 7 The US Intelligence Community USIC consisted of US executive branch agencies and organizations that worked separately and together to conduct intelligence activities necessary for the conduct of foreign relations and the protection of the national security of the United States 8 The US Department of Defense was a US executive branch agency the mission of which was to provide the military forces needed to deter war and to protect the security of the United States 9 The National Security Agency N SA was a US government intelligence agency with various of ces and facilities and was a component of the USIC and primary facility and headquarters were at Fort Meade in the District of Maryland NSA was responsible for among other things collecting processing and disseminating intelligence derived from intercepted foreign communications to US policy-makers and military forces protecting secure government systems that handle classi ed information and were otherwise critical to military and intelligence agencies and Computer Network Operations CNO which involves operations and intelligence collection to gather data from target or foreign automated information systems or networks and actions taken to prevent detect and respond to unauthorized activity within information systems and computer networks for the United States and its allies 10 United States Cyber Command USCYBERCOM was a US military command and a component of DOD primary facility and headquarters were at Fort Meade in the District of Maryland USCYBERCOM was responsible for among other things planning coordinating integrating and conducting activities to direct the operations and defense of speci ed information networks and conducting full spectrum 3 Case Document 33 Filed 02 08 17 Page 4 of 12 military cyberSpace operations to ensure freedom of action in cyberspace for the United States and its allies and deny the same to the adversaries of the United States 11 The National Reconnaissance Office NRO was a US government intelligence agency with various of ces and facilities and was a component of the USIC and primary facility and headquarters were in Chantilly Virginia NRO was responsible for research and development acquisition launch deployment and operation of overhead systems and related data processing facilities to collect intelligence and information to support national and departmental missions and other United States government needs including among other things the collection of signals and imagery data used to inform U S policy-makers and military forces on the strategic and tactical intentions and capabilities of the adversaries of the United States 12 The Central Intelligence Agency CIA was a US government intelligence agency with various of ces and facilities and was a component of the USIC primary facility and headquarters were in northern Virginia CIA was responsible for among other things collecting including through clandestine means producing and disseminating foreign intelligence and counterintelligence used to inform U S policy-makers conducting counterintelligence activities conducting administrative and technical support activities conducting covert action activities approved by the President and conducting foreign liaison relationships with intelligence and security services of foreign governments Access to National Defense and Classi ed Information 13 From in or about July 1988 through in or about July 1992 MARTIN served on active duty in the United States Navy MARTIN held a SECRET security clearance in connection with his active duty service Case Document 33 Filed 02 08 17 Page 5 of 12 14 From in or about August 1992 through in or about March 2000 MARTIN sefved in the United States Naval Reserve In or about August 1994 security clearance in connection with his Naval service was upgraded to TOP SECRET I 15 Beginning in or about December 1993 and continuing until on or about August i 27 2016 MARTIN was employed by at least seven different private companies and was assigned as a contractor to components of DOD and the USIC collectively the government agencies MARTIN was required to receive and maintain a security clearance in order to work at each of the government agencies to which he was assigned As a private contractor MARTIN held security clearances up to TOP at various times 16 Over his many years holding a security clearance MARTIN received training regarding classi ed information including the de nitions of classi ed information the levels of classi cation and SCI as well as the proper handling marking transportation and storage of classi ed materials MARTIN received training on his duty to protect classi ed materials from unauthorized disclosure which included complying with handling transportation and storage requirements MARTIN knew that unauthorized removal of classi ed materials and transportation and storage of those materials in unauthorized locations risked disclosure and transmission of those materials and therefore could endanger the national security of the United States and the safety of its citizens In particular MARTIN had been advised that unauthorized disclosure of TOP SECRET information reasonably could be expected to cause exceptionally grave damage to the national security of the United States and that violation of rules governing the handling of classi ed information could result in criminal prosecution Case Document 33 Filed 02 08 17 Page 6 of 12 17 MARTIN worked on a number of highly classi ed specialized projects and had access to government computer systems programs and information including classi ed information Theft of National Defense Information 18 Because MARTIN held a security clearance and was assigned to various government agencies as a private contractor the United States Government entrusted MARTIN with access to sensitive government materials including information relating to the national defense that was closely held by the government National Defense Information and classi ed documents and materials 19 Beginning at a time unknown but no earlier than in or about 1996 and continuing through on or about August 27 2016 MARTIN stole and retained U S government property including the documents listed in paragraph 25 below 20 Many of the documents MARTIN stole bore stande markings indicating that they contained highly classi ed information of the United States including SECRET and TOP SECRET as well as SCI information The information in the classi ed documents included National Defense Information 21 MARTIN retained stolen documents in hard copy and digital form containing National Defense Information and classi ed information in a number of locations within his residence and in his vehicle 22 Martin knew that the stolen documents contained classi ed information that related to the national defense 23 MARTIN was never authorized to retain these documents at his residence or in his vehicle Case Document 33 Filed 02 08 17 Page 7 of 12 24 MARTIN knew that he was not authorized to remove National Defense Information and classi ed documents from secure locations was not authorized to retain them at his residence and was not authorized to retain them in his vehicle 25 MARTIN willfully retained stolen documents that contained National Defense Information including the following Classi ed Documents which were classi ed as SECRET TOP SECRET and SCI NSA Documents A A March 2014 INSA leadership brie ng outlining the development and future plans for a speci c NSA organization B A 2014 NSA report outlining intelligence information regarding foreign cyber issues containing targeting information C A 2014 NSA report outlining intelligence information regarding foreign cyber issues containing foreign cyber intrusion techniques D A 2009 draft of a United States Signals Intelligence Directive which outlined speci c methods capabilities techniques processes and procedures associated with CNO used to defend the United States E February 2008 NSA email correspondence containing an NSA intelligence assessment about an overseas project containing information directly related to a subject that implicated national security policies and responses F A February 2007 Daily Operations Brie ng concerning the daily operations of NSA activities which identi ed Speci c NSA capabilities and operations G A NSA anti-terrorism operational document concerning extremely sensitive U S planning and operations regarding global terrorists 7 Case Document 33 Filed 02 08 17 Page 8 of 12 H 2002 NSA email correspondence and NSA intelligence information regarding extremist activity which identi ed targets of intelligence collection I An August 1996 NSA weekly status summary of national defense concerns emanating from various parts of the world J An NSA Threat Operations Center N TOC progress report that speci cally described activities capabilities techniques process and procedures associated with NTOC which discovers characterizes and proactively counters threats to US national security systems and other networks of interest K An outline of a classi ed exercise involving real-world NSA and US military resources to demonstrate existing cyber intelligence and operational capabilities L An NSA User s Guide for an NSA intelligence-gathering tool M A description of the technical architecture of an NSA communications system USCYBERCOM Documents N A USCYBERCOM document dated August 17 2016 discussing capabilities and gaps in capabilities of the US military and details of speci c operations 0 A USCYBERCOM document dated August 12 2016 discussing capabilities and gaps in capabilities of the US military and details of speci c operations P A USCYBERCOM document dated June 9 2016 containing information about the capabilities and targets of the US military Q A USCYBERCOM document dated May 23 2016 containing information about the capabilities and targets of the US military 1 Case Document 33 Filed 02 08 17 Page 9_of 12 R A USCYBERCOM document dated August 9 2007 discussing intelligence sources and method and the US military s role in a planned counterterrorism operation NRO Document S An NRO document dated August 17 2007 containing information relating to the launch of an intelligence collection satellite an unacknowledged ground station and other Speci c intelligence collection technologies and programs CIA Document T A 2008 CIA document containing information relating to foreign intelligence collection sources and methods and relating to a foreign intelligence collection target The Charges 26 Beginning at times unknown and continuing until on or about August 27 2016 each document being a separate Count in the District of Maryland and elsewhere the defendant HAROLD T MARTIN 111 having unauthoriaed possession of access to and control over documents relating to the national defense willfully retained the documents and failed to deliver them to the of cer or employee of the United States entitled to receive them to wit MARTIN retained documents relating to the national defense at his residence and in his vehicle without authorization including the documents Speci ed in paragraph 25 above and listed below COUNT DOCUMENT AGENCY ONE Classi ed Document A NSA TWO Classified Document NSA THREE Classi ed Document NSA FOUR Classi ed Document NSA FIVE Classified Document NSA 9 Case Document 33 Filed 02 08 17 Page 10 of 12 COUNT DOCUMENT SIX Classi ed Document NSA SEVEN Classi ed Document NSA EIGHT Classi ed Document I-I NSA NINE Classi ed Document I NSA TEN Classi ed Document NSA ELEVEN Classi ed Document NSA TWELVE Classi ed Document NSA THIRTEEN Classi ed Document NSA FOURTEEN Classi ed Document USCYBERCOM FIFTEEN Classi ed Document 0 USCYBERCOM SIXTEEN Classi ed Document USCYBERCOM SEVENTEEN Classi ed Document USCYBERCOM EIGHTEEN Classi ed Document USCYBERCOM NINETEEN Classi ed Document NRO TWENTY Classi ed Document CIA 18 U S C 793 e 10 Case Document 33 Filed 02 08 17 Page 11 of 12 FORFEITURE 1 Upon conviction iof the offenses in violation of Title 18 United States Code Section 793 e set forth in Counts One through Twenty of this Indictment the defendant HAROLD T MARTIN 111 shall forfeit to the United States of America pursuant to Title 18 United States Code Section 981 a 1 C and Title 28 United States Code Section 2461 0 any property real or personal which constitutes or is derived from proceeds traceable to the offenses The property to be forfeited includes but is not limited to the property of the United States seized from the defendant s residence on or about August 27 2016 and all digital media and devices used to store such information 2 If any of the property described above as a result of any act or omission of the defendant a cannot be located upon the exercise of due diligence b has been transferred or sold to or deposited with a third party 0 has been placed beyond the jurisdiction of the court d has been substantially diminished in value or e has been commingled with other property which cannot be divided without difficulty the United States of America shall be entitled to forfeiture of substitute property pursuant to Title 21 United States Code Section 853 p as incorporated by Title 28 United States Code Section 2461 c 11 Case Document 33 Filed 02 08 17 Page 12 of 12 18 U S C 981 a 1 C 21 U S C 853 28 U S C 2461 c R0 ens in United tates Attorney Foreperson oz Q W Date 12 This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu