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29 October 2009
There have been four related cases of USA v. Stewart D. Nozette stemming from his alleged national security transgressions as a scientist with access to Top Secret/SCI information while working for and contracting with several US government agencies, among them the Department of Energy and the National Air and Space Administration.
The most recent case, first below, has charged him with espionage.
Another case, second below, was begun in 2008 and charged him with fraud but indicated he was a cooperating witness against unnamed others in an unidentified case.
The two cases paint a complex relationship between the US government and Nozette, both parties working mightily to outfox the other, making threats, offering inducements, breaking promises. The USG death threat described in a 28 October 2009 filing is the latest ploy:
Title 18 U.S.C. § 794(a) provides, in relevant part, “that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that . . . the offense . . . directly concerned . . . satellites, early warning systems, or other means of defense or retaliation against large-scale attack; . . . communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.” (Emphasis added) Accordingly, based on the specific allegations in Count 2 of the Indictment, the maximum penalty the defendant faces, if convicted, is death.
Entrapping Nozette with a fake Mossad agent is another.
| CAT B |
U.S. District Court
District of Columbia (Washington, DC)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-00276-JR-1
Case title: USA v. NOZETTE
|
Date Filed: 10/21/2009 |
| Assigned to: Judge James Robertson | ||
Defendant (1) |
||
| STEWART DAVID NOZETTE | represented by | John C. Kiyonaga 526 King Street Suite 213 Alexandria , VA 22314 (703) 739-0009 Email: jkiyonaga@earthlink.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 18:794(a); GATHERING, DELIVERING DEFENSE INFO; Attempted
Espionage. (1-2) |
||
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
||
| None | ||
Complaints |
Disposition |
|
| COMPLAINT in Violation of 18:794 |
Plaintiff |
||
| USA | represented by | Anthony Asuncion U.S. ATTORNEY'S OFFICE 555 Fourth Street, NW Room 11-844 Washington , DC 20530-0001 (202) 514-6950 Email: anthony.asuncion@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Marie Schmidt U.S. DEPARTMENT OF JUSTICE 1400 New York Avenue, NW Ninth Floor Washington , DC 20005 (202) 616-2706 Email: heather.schmidt@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/16/2009 | 1 | SEALED COMPLAINT as to STEWART DAVID NOZETTE (1). (Attachments: # 1 Affidavit, # 2 Attachment A) (zad, ) [1:09-mj-00565-DAR] (Entered: 10/20/2009) |
| 10/16/2009 | 2 | MOTION to Seal Case by USA as to STEWART DAVID NOZETTE. (zad, ) [1:09-mj-00565-DAR] (Entered: 10/20/2009) |
| 10/16/2009 | 3 | ORDER granting 2 Motion to Seal Case as to STEWART DAVID NOZETTE (1). Signed by Magistrate Judge Deborah A. Robinson on 10/16/09. (zad, ) [1:09-mj-00565-DAR] (Entered: 10/20/2009) |
| 10/20/2009 | Arrest of STEWART DAVID NOZETTE (lm, ) [1:09-mj-00565-DAR] (Entered: 10/20/2009) | |
| 10/20/2009 | 4 | Arrest Warrant Returned Executed on 10/20/09 as to STEWART DAVID NOZETTE. (lm, ) (lm, ). [1:09-mj-00565-DAR] (Entered: 10/20/2009) |
| 10/20/2009 | ORAL MOTION to Appoint Counsel by STEWART DAVID NOZETTE. (lm, ) [1:09-mj-00565-DAR] (Entered: 10/21/2009) | |
| 10/20/2009 | Case unsealed as to STEWART DAVID NOZETTE by Magistrate Judge Deborah A. Robinson on oral motion of the U.S.A. (mlp) [1:09-mj-00565-DAR] (Entered: 10/21/2009) | |
| 10/20/2009 | Minute Entry for proceedings held before Magistrate Judge Deborah A. Robinson: Court Order Case UNSEALED at Governments' request. Initial Appearance as to STEWART DAVID NOZETTE held on 10/20/2009. Oral Motion to Appoint Counsel-John Kiyonage as to STEWART DAVID NOZETTE (1)heard and granted. Defendant held on 3 day hold. Detention Hearing set for 10/29/2009 at 01:30 PM in Courtroom 4 before Magistrate Judge Deborah A. Robinson. Bond Status of Defendant: Defendant held without bond/commitment issue; Court Reporter: Bowles Reporting. Defense Attorney: John Kiyonage; US Attorney: Anthony Asincion, Deborah A. Curtis, Heather Schmidt. (lm) [1:09-mj-00565-DAR] (Entered: 10/21/2009) | |
| 10/21/2009 | 5 | ENTERED IN ERROR.....NOTICE OF ATTORNEY APPEARANCE: John C. Kiyonaga appearing for STEWART DAVID NOZETTE for presentment, preliminary and detention hearings. (zmlp)[1:09-mj-00565-DAR] Modified on 10/22/2009 (hsj, ). (Entered: 10/21/2009) |
| 10/21/2009 | 6 | INDICTMENT as to STEWART DAVID NOZETTE (1) count(s) 1-2. (hsj, ) (Entered: 10/21/2009) |
| 10/21/2009 | NOTICE OF ERROR re 5 Notice of Attorney Appearance - Defendant; emailed to USADC.CriminalDocket@usdoj.gov, anthony.asuncion@usdoj.gov,, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Magistrate case merged into criminal case, 2. Document should be entered in Criminal Case No. 09-276. Will be refiled by Clerk's Office. (hsj, ) Modified on 10/22/2009 (hsj, ). (Entered: 10/22/2009) | |
| 10/21/2009 | 7 | NOTICE OF ATTORNEY APPEARANCE: John C. Kiyonaga appearing for STEWART DAVID NOZETTE, for presentment, preliminary and detention hearings. (hsj, ) (Entered: 10/22/2009) |
| 10/23/2009 | 8 | GENERAL ORDER GOVERNING CRIMINAL CASE as to STEWART DAVID NOZETTE (mpt, ) (Entered: 10/23/2009) |
| 10/23/2009 | 9 | NOTICE OF ATTORNEY APPEARANCE Heather Marie Schmidt appearing for USA. (Schmidt, Heather) (Entered: 10/23/2009) |
| 10/26/2009 | 10 | NOTICE OF ATTORNEY APPEARANCE: John C. Kiyonaga appearing as retained counsel for STEWART DAVID NOZETTE. (mlp) (Entered: 10/27/2009) |
| 10/28/2009 | 11 | MOTION to reassign this case as a related case by USA as to STEWART DAVID NOZETTE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Asuncion, Anthony) (Entered: 10/28/2009) |
| 10/28/2009 | 12 | REPLY in Support by STEWART DAVID NOZETTE re 11 MOTION to reassign this case as a related case (Kiyonaga, John) (Entered: 10/28/2009) |
| 10/28/2009 | 13 | Case as to STEWART DAVID NOZETTE Reassigned as Related Case before Judge James Robertson. Judge Reggie B. Walton no longer assigned to the case. (jeb, ) (Entered: 10/28/2009) |
| 10/28/2009 | 14 |
MOTION for Temporary Detention by USA as to STEWART DAVID NOZETTE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Asuncion, Anthony) (Entered: 10/28/2009) [Zipped large file, 10MB] |
| 10/28/2009 | 15 | Memorandum in Opposition by STEWART DAVID NOZETTE re 14 MOTION for Temporary Detention (Kiyonaga, John) (Entered: 10/28/2009) |
| CAT A |
U.S. District Court
District of Columbia (Washington, DC)
CRIMINAL DOCKET FOR CASE #: 1:08-cr-00371-JR All Defendants
Case title: USA v. NOZETTE |
Date Filed: 12/12/2008 |
| Assigned to: Judge James Robertson | ||
Defendant (1) |
||
| STEWART D. NOZETTE | represented by | Bradford A. Berenson SIDLEY AUSTIN BROWN & WOOD 1501 K Street, NW Washington , DC 20005 (202) 736-8000 Email: bberenson@sidley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Preston Burton ORRICK, HERRINGTON & SUTCLIFFE, LLP Columbia Center 1152 15th Street, NW Washington , DC 20005-1706 (202) 339-8456 Fax: (202) 339-8500 Email: pburton@orrick.com TERMINATED: 04/23/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 18:371; CONSPIRACY TO DEFRAUD THE UNITED STATES;
Conspiracy. (1) |
||
| 26:7201; ATTEMPT TO EVADE OR DEFEAT TAX; Tax Evasion. (2) |
||
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
||
| None | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
||
| USA | represented by | Michael K. Atkinson U.S. ATTORNEY'S OFFICE 555 4th Street, NW Washington , DC 20530 (202) 616-3702 Fax: (202) 307-2304 Email: michael.atkinson2@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/12/2008 | 1 | MOTION to Seal Case by USA as to STEWART D. NOZETTE. (Attachment: # 1 Text of Proposed Order)(zmlp) (Entered: 12/15/2008) |
| 12/12/2008 | 2 | SEALED INFORMATION as to STEWART D. NOZETTE (1) counts 1, 2. (zmlp) (Entered: 12/15/2008) |
| 12/15/2008 | Set Hearings as to STEWART D. NOZETTE: Plea Agreement Hearing set for 1/30/2009 at 10:00 AM in Courtroom 23A before Judge James Robertson. (zcp, ) (Entered: 12/15/2008) | |
| 12/17/2008 | 3 | ORDER granting 1 Motion to Seal Case as to STEWART D. NOZETTE (1). Signed by Judge James Robertson on 12/17/08. (zmlp) (Entered: 12/18/2008) |
| 01/30/2009 | 4 | ORDER Setting Conditions of Release as to STEWART D. NOZETTE (1) : personal recognizance bond. Signed by Judge James Robertson on 1/30/09. (zmlp) (Entered: 02/02/2009) |
| 01/30/2009 | 5 | NOTICE OF ATTORNEY APPEARANCE: Preston Burton appearing for STEWART D. NOZETTE. (zmlp) (Entered: 02/02/2009) |
| 01/30/2009 | 6 | WAIVER of Right to Trial by Jury as to STEWART D. NOZETTE. Approved by Judge James Robertson on 1/30/09. (zmlp) (Entered: 02/02/2009) |
| 01/30/2009 | 7 | WAIVER OF INDICTMENT by STEWART D. NOZETTE. Signed by Judge James Robertson on 1/30/09. (zmlp) (Entered: 02/02/2009) |
| 01/30/2009 | 8 | STATEMENT OF THE OFFENSE in Support of Plea Agreement by STEWART D. NOZETTE and USA. (zmlp) (Entered: 02/02/2009) |
| 01/30/2009 | 9 | PLEA AGREEMENT as to STEWART D. NOZETTE. (zmlp) (Entered: 02/02/2009) |
| 01/30/2009 | 10 | ORDER FOR ROUTINE PROCESSING as to STEWART D. NOZETTE. Signed by Judge James Robertson on 1/30/09. (zmlp) (Entered: 02/02/2009) |
| 01/30/2009 | 11 | ENTERED IN ERROR.....MOTION to Seal the Plea Hearing and Related Proceedings in this Case by USA as to STEWART D. NOZETTE. (Attachment: # 1 Text of Proposed Order)(zmlp) Modified on 2/5/2009 (zmlp) (Entered: 02/02/2009) |
| 01/30/2009 | Minute Entry for proceedings held before Judge James Robertson: Plea Agreement Hearing as to STEWART D. NOZETTE held on 1/30/2009. Plea of Guilty entered by STEWART D. NOZETTE (1) as to Counts 1 and 2. REFERRAL TO PROBATION OFFICE for Presentence Investigation as to STEWART D. NOZETTE. Sentencing date not set. Status Conference set for 4/30/2009 at 10:00 AM in Courtroom 23A before Judge James Robertson. Oral motion by defendant to lift condition requiring passports to be surrendered to Pretrial services andto permit travel both domestically andinternationally with advanced notice to the either Pretrial Services agency or Probation if appropriate; granted. The defendant is also to report all International travel plans to the United States Attorney's Office so that his itinerary can be noted. Defendant must notify the Probation Office of all travel. Bond Status of Defendant: Defendant released on PR Bond; Court Reporter: Rebecca Stonestreet Defense Attorney: Preston Burton; US Attorney: Michael Atkinson; (zcp, ) (Entered: 02/02/2009) | |
| 04/23/2009 | 12 | NOTICE OF ATTORNEY APPEARANCE: Bradford A. Berenson appearing for STEWART D. NOZETTE. (zmlp) (Entered: 04/24/2009) |
| 04/29/2009 | 13 | ORDER: Upon consideration of Orrick, Herrington & Sutcliffe LLP to withdraw as counsel of record for STEWART D. NOZETTE; having considered the motion unopposed by the government and the defendant, and that the defendant has secured other representation; it is hereby ordered that the motion is GRANTED. Signed by Judge James Robertson on 04/29/09. (tb, ) (Entered: 04/29/2009) |
| 04/29/2009 | 14 | MOTION to Withdraw as Attorney by Preston Burton and Christopher O'Connell as to STEWART D. NOZETTE. (ztnr, ) (Entered: 04/30/2009) |
| 04/30/2009 | Minute Entry for proceedings held before Judge James Robertson:Status Conference as to STEWART D. NOZETTE held on 4/30/2009. REFERRAL TO PROBATION OFFICE for Presentence Investigation as to STEWART D. NOZETTE. Status Conference set for 7/28/2009 at 9:30 AM in Courtroom 23A before Judge James Robertson. Sentencing set for 9/15/2009 at 10:00 AM in Courtroom 23A before Judge James Robertson. Bond Status of Defendant: continued on pr bond; Court Reporter: Rebecca Stonestreet Defense Attorney: Bradford Berenson and Lara Lopez; US Attorney: Michael Atkinson; (zcp, ) (Entered: 05/01/2009) | |
| 06/16/2009 | 15 | CONSENT MOTION to Unseal Plea Documents for a limited purpose by USA as to STEWART D. NOZETTE. (Attachment: # 1 Text of Proposed Order)(zmlp) (Entered: 06/17/2009) |
| 06/16/2009 | 16 | CONSENT MOTION to Modify Conditions of Release by USA as to STEWART D. NOZETTE. (See Docket Entry 15 to view document) (zmlp) (Entered: 06/17/2009) |
| 06/17/2009 | 17 | ORDER granting 15 Motion to Unseal Case for a Limited Purpose as to STEWART D. NOZETTE (1); granting 16 Motion to Modify Conditions of Release as to STEWART D. NOZETTE (1). Signed by Judge James Robertson on 6/16/09. (zmlp (Entered: 06/18/2009) |
| 09/09/2009 | 19 | ORDER as to STEWART D. NOZETTE, status report is due by 10/19/2009; sentencing date currently scheduled for 9/15/09 is continued until a date on or after 11/16/09 to be set by the clerk. Signed by Judge James Robertson on 9/8/09. (zmlp) (Entered: 09/10/2009) |
| 09/09/2009 | Terminate Hearing as to STEWART D. NOZETTE: sentencing scheduled for 9/15/09 is continued. (zmlp) (Entered: 09/10/2009) | |
| 09/11/2009 | Reset Hearings as to STEWART D. NOZETTE: Sentencing reset to 11/18/2009 at 9:15 AM in Courtroom 23A before Judge James Robertson. (zcp, ) (Entered: 09/11/2009) | |
| 10/22/2009 | 21 | ORDER granting 20 Motion to Modify the Order to Seal as to STEWART D. NOZETTE (1) signed by Judge James Robertson on 10/22/09; Status Report due on or before 10/26/09. (ztnr, ) (Entered: 10/23/2009) |
| 10/22/2009 | Case unsealed with the exception of the 18 Government's Consent Motion to Maintain the Order to Seal, Status Hearing held on 7/28/09, and the 20 Government's Consent Motion to Modify the Order to Seal as to STEWART D. NOZETTE. (ztnr, ) (Entered: 10/23/2009) | |
| 10/27/2009 | 22 | STATUS REPORT OF THE PARTIES ON THE DEFENDANT'S SENTENCING DATE by USA as to STEWART D. NOZETTE (Atkinson, Michael) (Entered: 10/27/2009) |