Read the government's argument to keep former NSA contractor Harold Martin in jail

Federal prosecutors in Baltimore on Thursday said they will charge with violating the Espionage Act a former National Security Agency contractor accused of carrying out perhaps the largest theft of classified government material ever. In a 12-page memo, U.S. Attorney Rod Rosenstein and two other prosecutors laid out a much more far-reaching case against Harold T. Martin III than was previously outlined. Government alleges massive theft by NSA contractor

A0 91 (Rev. 11/11) Criminal Complaint


for the
District of Maryland
United States of America
Case No. .
16 2 2:5 4BPG
Harold T. Martin,

I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of August 29, 2016 in the county of Anne Arundel in the
District of Maryland the defendant(s) violated:
Code Section Offense Description
Count 1: 18 U.S.C. 641 Count 1: Theft of Government Property;

Count 2: 18 U.S.C. 1924
Count 2: Unauthorized Removal or Retention of Classi?ed
Documents or Materials by Government Employee or

This criminal complaint is based on these facts:

See Attached Af?davit

COntinued on the attached sheet.


Jeremy Bucalo, Special Agent, FBI
Printed name and title

Sworn to before me and signed in my presence.

Date: 3? ?l

Judge ?s signature

City and state; Baltimore, Maryland Beth P. Gesner, US Magistrate Judge
Printed name and title


55-6 ?2254mm


I, Special Agent Jeremy Bucalo being duly sworn, depose and state as follows:

1. I am employed as a Special Agent with the Federal Bureau of Investigation (FBI),
US. Department of Justice, and have been so employed since October 2004. I have completed
FBI criminal investigation training and have taken several courses speci?cally for cyber
investigations. Throughout my FBI employment, I have received training in general law
enforcement and in specialized areas including national security computer intrusions. As part of
my duties as a FBI Special Agent, I investigate criminal cyber violations and have statutory
authority to execute warrants issued under the authority of the United States and to make arrests.

2. I make this af?davit in support of an application for a criminal complaint and
arrest warrant for Harold Thomas MARTIN DOB November 1964, SSAN
of Glen Burnie, Maryland, for violations of 18 U.S.C. 641 (Theft of Government
Property); and 18 U.S.C. 1924 (Unauthorized Removal and Retention of Classi?ed Documents
or Materials by Government Employee or Contractor).

3. I am familiar with the facts set forth in this af?davit based upon my participation
in this investigation; communications with other agents, investigators and government
employees; my review of records, documents, and other evidence obtained during the course of
the investigation; and information gained through training and experience. Since this af?davit is
being submitted for the limited purpose of securing a criminal complaint, I have not included
each and every fact known to me concerning this investigation. I have set forth only the facts that
I believe are necessary to establish probable cause.


4. MARTIN is a private contractor assigned to a United States government of?ce.


As part of his duties while working at the United States government of?ce, MARTIN had a t0p
secret national security clearance and the ability to access United States government property
that was not permitted to be removed from authorized locations without authorization. That
property included classi?ed information of the United States.

5. On August 27,2016, United States Magistrate Judge Stephanie A. Gallagher, of
the United States District Court for the District of Maryland issued warrants authorizing the
search of residence in Glen Bumie, Maryland, including its curtilage on which two
storage sheds were located, as well as his vehicle and person, for fruits, evidence and
instrumentalities of violations of Title 18, United States Code, Section 641 (Theft of Government

6. On August 27, 2016, during execution of the warrants, investigators located hard
copy documents and digital information stored on various devices and removable digital media.
A large percentage of the materials recovered from residence and vehicle bore
markings indicating that they were property of the United States and contained highly classi?ed
information of the United States, including Top Secret and Sensitive Compartmented
Information (SCI).

7. Among the classi?ed documents located thus far, six of them appear to have been
obtained ?om sensitive intelligence. These six documents are the property of the government
and contain dates indicating that they were produced by an agency of the government in 2014.
Each of these documents bears standard markings and other indicia that are applied to classi?ed
government information. These six documents were produced through sensitive government
sources, methods, and capabilities, which are critical to a wide variety of national security issues.

The disclosure of the documents would reveal those sensitive sources, methods, and capabilities.


8. The documents have been reviewed by an original classi?cation authority of the
government and, in each instance, the authority has determined that the documents are currently
and properly classi?ed at the TOP SECRET level, the unauthorized disclosure of which
reasonably could be expected to cause exceptionally grave damage to the national security of the
United States.

9. These documents contained information originated, owned, or possessed by the
United States Government concerning the national defense or foreign relations of the United
States that has been determined pursuant to law or Executive order to require protection against
unauthorized disclosure in the interests of national security.

10. During execution of the warrants, investigators located property of the United
States with an aggregate value in well excess of $1,000, which MARTIN had stolen.

11. Neither residence nor his vehicle was an authorized location for the
storage of classi?ed information. MARTIN was never authorized by his employer or any United
States government agency to keep these materials at his residence or in his vehicle.

12. During execution of the warrants, MARTIN was not in custody, and voluntarily
agreed to be interviewed by investigators. During the interview, MARTIN at ?rst denied, and
later when confronted with speci?c documents, admitted he took documents and digital ?les
from his work assignment to his residence and vehicle that he knew were classi?ed. MARTIN
stated that he knew he did not have authorization to retain the materials at his residence or in his
vehicle. MARTIN stated that he knew what he had done was wrong and that he should not have
done it because he knew it was unauthorized.


13. Based on the foregoing, your af?ant submits that there is probable


15 2 2- 5 4

cause to believe that Harold Thomas MARTIN has embezzled, stolen, purloined and
knowingly converted to his own use, or the use of another, property of the United States valued
in excess of $1,000, in violation of 18 U.S.C. 641; and that, having become possessed of
documents and materials containing classi?ed information of the United States, he has
knowingly removed such documents and materials without authority and with the intent to retain
them at an unauthorized location, in violation of 18 U.S.C. 1924.

14. WHEREFORE, I respectfully request that the Court issue the requested criminal

complaint and warrant for arrest.

deral of Investigation

yial Age Jeremy Bucalo'

Sworn and ubscribed before me
this 437 gay of August, 2016