Case 1 17-cr-00034-JRH-BKE Document 13 Filed 06 07 17 Page 1 of 6 u s r n IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA csuTf ' njUN-7 PIU 5 AUGUSTA DIVISION UNITED STATES OF AMERICA OF GA CRIMINAL NO V REALITY LEIGH WINNER Willful Retention and Transmission of 1c National Defense Information 18 U S C 793 e Defendant THE GRAND JURY CHARGES THAT At all times material to this Indictment General Allegations The Defendant 1 Defendant Reality Leigh Winner WINNER was a resident of Augusta Georgia j 2 Beginning in or about February 2017 and continuing throiigh in or about June 2017 WINNER was employed as a contractor with Pluribus International Corporation assigned to a U S Government Agency facility in Georgia In connection with her employment WINNER 1 I held a TOP SECRET SCI security clearance and had access to classified national defense j information Classified 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 classified 1 as TOP SECRET SECRET or Case 1 17-cr-00034-JRH-BKE Document 13 Filed 06 07 17 Page 2 of 6 CONFIDENTIAL National security mformation was infonnation owned by produced by produced for and under the control ofthe United States government that was classified as follows a Information was classified 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 classification authority was able to identify and describe b Information was classified as SECRET ifthe unauthorized disclosure ofthat information reasonably could be expected to cause serious damage to e national security that the original classification authority was able to identify and describe c Information was classified as CONFIDENTIAL if the unauthorized disclosure ofthat information reasonably could be expected to cause d age to the national security that the original classification authority was able to identify and describe 4 Access to national security information classified at any leyel could be further j restricted through compartmentation in Sensitive Compartmented Informatipn SCI categories Only individuals with the appropriate security clearance and additional SCI permissions could have authorized access to such classified national security information 5 Classified information including SCI was marked according to its classification and applicable SCI compartments following standard formats for different types of media including headers and footers stating the highest classification level and SjCI compartments of information a document contained and individual classifications markings for each paragraph I 6 Information classified at any level could only be lawfully accessed by persons determined by an appropriate United States government official to be eligible for access to classified information who had signed an approved non-disclosure agreernent who received a security clearance and who had a need to know the classified information Classified information could only be stored in an approved facility and container Case 1 17-cr-00034-JRH-BKE Document 13 Filed 06 07 17 Page 3 of 6 WlNNER s Access to National Defense and Classified Information I 7 From in or about December 2010 through in or about December 2016 WINNER was affiliated with the United States Air Force During various times during tins period WINNER held a TOP SECRET SCI security clearance 8 From in or about February 2017 through in or about June 2017 WINNER was employed as a contractor with Pluribus Intemational Corporation assigned to a U S Government Agency facility in Georgia In connection with her employment WINNER held a TOP SECRET SCI security clearance 9 WINNER received training regarding classified information including the definitions of classified information the levels of classification and SCI as well as the proper handling marking transportation and storage ofclassified materials WINNER received training on her duty to protect classified materials from unauthorized disclosure which included complying with handling transportation and storage requirements WINNER knew that unauthorized removal of classified materials and transportation and storage of those materials in unauthorized locations risked disclosure and transmission ofthose materials and thereforp could endanger the national security of the United States and the safety of its citizens In particular WINNER had been advised that unauthorized disclosure of TOP SECRET information reasonably could be expected to cause exceptionally grave damage to the national security of tlie United States and that violation of rules governing the handling of classified information could result in criminal prosecution WINNER'S Removal and Transmission of National Defense Information 10 Because WINNER held a security clearance and was assigned as a contractor to a U S Government Agency the United States government entrusted WINNER with access to 3 Case 1 17-cr-00034-JRH-BKE Document 13 Filed 06 07 17 Page 4 of 6 sensitive government materials including information relating to the natiorial defense that was I closely held by the government National Defense Information and classified documents and i materials I j 11 On or about May 9 2017 WINNER printed and improperl5 removed classified intelligence reporting which contained classified National Defense Information and was dated on or about May 5 2017 the intelligence reporting from an Intelligence Coirmunity Agency the U S Government Agency and unlawfiilly retained it The intelligence reporting describes intelligence activities by a foreign government directed at targets within the United States 12 WINNER did not have a need to know the information contained in the intelligence reporting 13 Approximately two days after May 9 2017 WINNER unlawfully transmitted the intelligence reporting to an online news outlet the News Outlet 14 The intelligence reporting that WINNER removed retained jand transmitted bore standard markings indicating that it contained highly classified information jof the United States including TOP SECRET as well as SCI information 15 WINNER knew that the intelligence reporting contained c assified information that related to the national defense 16 WINNER was never authorized to remove the intelligence reporting from the U S Government Agency and retain and transmit it 17 WINNER knew that she was not authorized to remove the telligence reporting from the U S Government Agency and retain and transmit it 18 The News Outlet to which WINNER transmitted the intelligence reporting was not entitled to receive or possess it Case 1 17-cr-00034-JRH-BKE Document 13 Filed 06 07 17 Page 5 of 6 19 WINNER knew that the News Outlet was not entitled to receive or possess the intelligence reporting COUNT ONE 18 U S C 8 793re Willful Retention and Transmission of National Defense liiiformation 20 Paragraphs 1-19 ofthis Indictment are incorporated by refererice and realleged as if set forth fully herein 21 Beginning on or about May 9 2017 and continuing until on or about a date unknown but no later than June 3 2017 in Richmond County in the Southern District of Georgia and elsewhere the defendant REALITY LEIGH WINNER having unauthorized possession of access to and control over a document containing information I relating to the national defense willfully retained the document and failed to deliver itto the officer or employee of the United States entitled to receive it and willfully transmitted the same to a person not entitled to receive it to wit WINNER retained the intelligence reporting and transmitted it to the News Outlet All in violation of 18 U S C 793 e A TRUE BILL Case 1 17-cr-00034-JRH-BKE Document 13 Filed 06 07 17 Page 6 of 6 Brian cting United States Attorney Jennifer Assist Lead counsel States Attorney Chief Criminal Lnvision Assistant United States Attorney Case 1 17-cr-00034-JRH-BKE Document 14 Filed 06 07 17 Page 1 of 1 o o UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA j-- C cr AUGUSTA DIVISION I T3 UNITED STATES OF AMERICA --O CR o o PO V Willful Retention and j REAUTY LEIGH WINNER Transmission of National Defense Information 18 U S C 793 e Defendant PENALTY CERTIFICATION The undersigned hereby certifies the penalty for the ofiense as follows Count One -18 U S C 793 e j Willful Retention and Transmission of National Defense Information Imprisonment for not more than ten 10 years A fine of up to $250 000 or both Not more than three 3 years supervised release and $100 special assessment I Respectfully submitted JAMES D DURHAM ACTING UNITED STATES ATTORNEY s Jennifer G Solari Jennifer G Solari Assistant United States Attorney District of Columbia Bar No 987167
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