Complaint against Leonard Francis and Michael Vannek Khem Misiewicz

Case 3:13-cr-03782-JLS Document 30 Filed 10/15/13 Page 1 of 4

FILED

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[OCT 1 \ 2013 :

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

I~ U~~7~;2 JLS

Plaintiff,

INFORMATION

v.

Title 18, U.S.C., Sec. 371 - Conspiracy to
Commit Bribery

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LEONARD GLENN FRANCIS (1),
and "MICHAEL V ANNEK KHEM
27 MISIEWICZ (2),
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Case No.:

Defendants.

Case 3:13-cr-03782-JLS Document 30 Filed 10/15/13 Page 2 of 4

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The United States charges that, at all times relevant to this Information:

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1. Defendant LEONARD GLENN FRANCIS was a citizen of Malaysia,

3 residing in Singapore. FRANCIS was the Chief Exe~utive Offi~er and President of
4 Glenn Defense Marine (Asia) ("GDMA"), a corporation organized under the laws of
5 Singapore, which provided "husbanding" services under contracts with the U.S. Navy
6 to support the Navy's operations in the Pacific Ocean. "Husbanding" involves the
7 coordinating, scheduling, and direct and indirect procurement of items and services
8 required by ships and submarines when they arrive at port.
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2. Defendant MICHAEL VANNEK KHEM MISIEWICZ has been a

10 Commander with the U.S. Navy, serving as the Commanding Officer of the USS
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Mustin from in or about June 2010 to in or about January 2011, and as the Deputy

12 Operations Officer for the Commander of the U.S. Seventh Fleet from in or about
13 January 20 II to in or about December 2012. Both of these assignments involved the
14 U.S. Navy's operations in the Far East, and MISIEWICZ was stationed on ship or in
15 Japan. Since in or about December 2012, he has been assigned to the U.S. Northern
16 Command in Colorado.
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3. As a Commander in the U.S. Navy, MISIEWICZ was a "public offi~ial" as

18 defined in 18 U.S.C. § 201(a). It was a violation of his official and lawful duties to
19 transmit information that the U.S. Navy had classified as "Confidential" or "Secret" to
20 any person not entitled to receive it, and (b) to make unauthorized disclosures of
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proprietary, internal U.S. Navy information.
4.

FRANCIS was arrested for his role in the offense charged

In

this

23 Information on September 16, 2013, in the Southern District of California.
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THE CONSPIRACY
5. Beginning in or about May 2010, and continuing up to in or about December

26 2012, defendants FRANCIS and MISIEWICZ knowingly conspired to commit
27 bribery, in violation of Title 18, United States Code, Sections 201(b)(1)(A) and (C),

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Case 3:13-cr-03782-JLS Document 30 Filed 10/15/13 Page 3 of 4

1 and (b)(2)(A) and (C), with such offense begun and committed on the high seas and
2 outside any particular district.

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OBJECT OF THE CONSPIRACY
6. It was the object of the conspiracy for FRANCIS to offer and provide things

5 of value to or on bchalf of MISIEWICZ, including travel expenses, entertainment, and
6 prostitutes, in return for MISIEWICZ providing classified and other internal U.S.
7 Navy information to FRANCIS, and being influenced in the performance of his
8 official acts.
METHODS AND MEANS OF THE CONSPIRACY

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7. In furtherance of this conspiracy, and to accomplish its objcct, the following

11 methods and means were used, among others:
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a.

FRANCIS would give, offer, and promise things of value to or on

13 behalf of MISIEWICZ, including travel expenses, entertainment, and prostitutes.
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b.

MISIEWICZ would demand, seek, receive, accept and agree to

15 receive and accept these things of value from FRAN CIS.
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c.

In exchange for things of value, MISIEWICZ would provide

17 FRANCIS with classified and other internal U.S. Navy information, and would make
18 recommendations and use his influence within the U.S. Navy as to prospective ship
19 movements and other matters to benefit FRANCIS and GDMA.
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OVERT ACTS
8. In furtherance of the conspiracy and to effect its object, the following overt

22 acts, among others, were committed:
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a.

In or about June 2011, FRANCIS paid the airfare for MISIEWICZ

24 to travcl to Cambodia on vacation.
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b.

On or about July 4, 2011, MISIEWICZ emailed FRANCIS certain

26 internal U.S. Navy ship movement schedules for the following two months, which he
27 was not authorized to disclose to FRANCIS.

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All in violation of Title 18, United States Code, Section 371.
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Case 3:13-cr-03782-JLS Document 30 Filed 10/15/13 Page 4 of 4

FORFEITURE ALLEGATIONS

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9. The allegations set forth in paragraphs 1 through 8 of this Information are

3 incorporated by reference for the purpose of alleging forfeiture pursuant to Title 18,
4 United States Code, Section 981(a)(l)(c), and Title 28, United States Code, Section
5 2461(c).
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10.

Pursuant to Federal Rule of Criminal Procedure 32.2, notice is hereby

7 given to the above-named defendants that the United States will seek forfeiture as part

8 of any sentence in accordance with Title 18, United States Code, Section 981(a)(l)(c),
9 and Title 28, United States Code, Section 2461(c), including but not limited to all
10 property, real or personal, which constitutes or is derived from proceeds traceable to
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bribes or a bribery conspiracy, as alleged in this Information.
DATED: October~ 2013.

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LAURA E. DUFFY
United States Attorney

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By:
MARK W. PLETCHER
ROBERT S. HUIE
Assistant U.S. Attorneys

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JEFFREY H. KNOX
Chief, Fraud Section
Criminal Division

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By:

jC.kA ~ 4
CATHERlNE VOTAW
BRlANYOUNG
Trial Attorneys
Fraud Section
U.S. Department of Justice

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