FBI
uncovered Russian bribery plot before Obama administration approved
controversial nuclear deal with Moscow
17 October, 2017
Russian nuclear bribery investigation reveals that Russia routed millions to the Clintons
Federal
agents used a confidential U.S. witness working inside the Russian
nuclear industry to gather extensive financial records, make secret
recordings and intercept emails as early as 2009 that showed Moscow
had compromised an American uranium trucking firm with bribes and
kickbacks in violation of the Foreign Corrupt Practices Act, FBI and
court documents show.
They
also obtained an eyewitness account — backed by documents —
indicating Russian nuclear officials had routed millions of dollars
to the U.S. designed to benefit former President Bill
Clinton’s
charitable foundation during the time Secretary of State Hillary
Clinton served
on a government body that provided a favorable decision to Moscow,
sources told The Hill.
The
racketeering scheme was conducted “with the consent of higher level
officials” in Russia who “shared the proceeds” from the
kickbacks, one agent declared in an affidavit years later.
Rather
than bring immediate charges in 2010, however, the Department of
Justice (DOJ) continued investigating the matter for nearly four more
years, essentially leaving the American public and Congress in the
dark about Russian nuclear corruption on U.S. soil during a period
when the Obama administration made two major decisions benefiting
Putin’s commercial nuclear ambitions.
The
first decision occurred in October 2010, when the State Department
and government agencies on the Committee on Foreign Investment in the
United States unanimously approved the partial sale of Canadian
mining company Uranium One to the Russian nuclear giant Rosatom,
giving Moscow control of more than 20 percent of America’s uranium
supply.
When
this sale was used by Trump on the campaign trail last year, Hillary
Clinton’s spokesman said she was not involved in the committee
review and noted the State Department official who handled it said
she “never intervened ... on any [Committee on Foreign Investment
in the United States] matter.”
In
2011, the administration gave approval for Rosatom’s Tenex
subsidiary to sell commercial uranium to U.S. nuclear power plants in
a partnership with the United States Enrichment Corp. Before then,
Tenex had been limited to selling U.S. nuclear power plants
reprocessed uranium recovered from dismantled Soviet nuclear weapons
under the 1990s Megatons to Megawatts peace program.
“The
Russians were compromising American contractors in the nuclear
industry with kickbacks and extortion threats, all of which raised
legitimate national security concerns. And none of that evidence got
aired before the Obama administration made those decisions,” a
person who worked on the case told The Hill, speaking on condition of
anonymity for fear of retribution by U.S. or Russian officials.
The
Obama administration’s decision to approve Rosatom’s purchase of
Uranium One has been a source of political controversy since 2015.
That’s
when conservative author Peter Schweitzer and The New York Times
documented how Bill Clinton collected hundreds of thousands of
dollars in Russian speaking fees and his charitable foundation
collected millions in donations from parties interested in the deal
while Hillary Clinton presided on the Committee on Foreign Investment
in the United States.
The
Obama administration and the Clintons defended their actions at the
time, insisting there was no evidence that any Russians or donors
engaged in wrongdoing and there was no national security reason for
any member of the committee to oppose the Uranium One deal.
But
FBI, Energy Department and court documents reviewed by The Hill show
the FBI in fact had gathered substantial evidence well before the
committee’s decision that Vadim Mikerin — the main Russian
overseeing Putin’s nuclear expansion inside the United States —
was engaged in wrongdoing starting in 2009.
Then-Attorney
General Eric
Holder was
among the Obama administration officials joining Hillary Clinton on
the Committee on Foreign Investment in the United States at the time
the Uranium One deal was approved. Multiple current and former
government officials told The Hill they did not know whether the FBI
or DOJ ever alerted committee members to the criminal activity they
uncovered.
Spokesmen
for Holder and Clinton did not return calls seeking comment. The
Justice Department also didn’t comment.
Mikerin
was a director of Rosatom’s Tenex in Moscow since the early 2000s,
where he oversaw Rosatom’s nuclear collaboration with the United
States under the Megatons to Megwatts program and its commercial
uranium sales to other countries. In 2010, Mikerin was dispatched to
the U.S. on a work visa approved by the Obama administration to open
Rosatom’s new American arm called Tenam.
Between
2009 and January 2012, Mikerin “did knowingly and willfully
combine, conspire confederate and agree with other persons … to
obstruct, delay and affect commerce and the movement of an article
and commodity (enriched uranium) in commerce by extortion,” a
November 2014 indictment stated.
His
illegal conduct was captured with the help of a confidential witness,
an American businessman, who began making kickback payments at
Mikerin’s direction and with the permission of the FBI. The first
kickback payment recorded by the FBI through its informant was dated
Nov. 27, 2009, the records show.
In
evidentiary affidavits signed
in 2014 and
2015,
an Energy Department agent assigned to assist the FBI in the case
testified that Mikerin supervised a “racketeering scheme” that
involved extortion, bribery, money laundering and kickbacks that were
both directed by and provided benefit to more senior officials back
in Russia.
“As
part of the scheme, Mikerin, with the consent of higher level
officials at TENEX and Rosatom (both Russian state-owned entities)
would offer no-bid contracts to US businesses in exchange for
kickbacks in the form of money payments made to some offshore banks
accounts,” Agent David Gadren testified.
“Mikerin
apparently then shared the proceeds with other co-conspirators
associated with TENEX in Russia and elsewhere,” the agent added.
The
investigation was ultimately supervised by then-U.S. Attorney Rod
Rosenstein, an Obama appointee who now serves as President Trump’s
deputy attorney general, and then-Assistant FBI Director Andrew
McCabe, now the deputy FBI director under Trump, Justice Department
documents show.
Both
men now play a key role in the current investigation into possible,
but still unproven, collusion between Russia and Donald
Trump’s
campaign during the 2016 election cycle. McCabe is under
congressional and Justice Department inspector general investigation
in connection with money his wife’s Virginia state Senate campaign
accepted in 2015 from now-Virginia Gov. Terry McAuliffe at a time
when McAuliffe was reportedly under investigation by the FBI. The
probe is not focused on McAuliffe's conduct but rather on whether
McCabe's attendance violated the Hatch Act or other FBI conflict
rules.
The
connections to the current Russia case are many. The Mikerin probe
began in 2009 when Robert Mueller, now the special counsel in charge
of the Trump case, was still FBI director. And it ended in late 2015
under the direction of then-FBI Director James Comey, whom Trump
fired earlier this year.
Its
many twist and turns aside, the FBI nuclear industry case proved a
gold mine, in part because it uncovered a new Russian money
laundering apparatus that routed bribe and kickback payments through
financial instruments in Cyprus, Latvia and Seychelles. A Russian
financier in New Jersey was among those arrested for the money
laundering, court records show.
The
case also exposed a serious national security breach: Mikerin had
given a contract to an American trucking firm called Transport
Logistics International that held the sensitive job of transporting
Russia’s uranium around the United States in return for more than
$2 million in kickbacks from some of its executives, court records
show.
One
of Mikerin’s former employees told the FBI that Tenex officials in
Russia specifically directed the scheme to “allow for padded
pricing to include kickbacks,” agents testified in one court
filing.
Bringing
down a major Russian nuclear corruption scheme that had both
compromised a sensitive uranium transportation asset inside the U.S.
and facilitated international money laundering would seem a major
feather in any law enforcement agency’s cap.
But
the Justice Department and FBI took little credit in 2014 when
Mikerin, the Russian financier and the trucking firm executives were
arrested and charged.
The
only public statement occurred a year later when the Justice
Department put out a little-noticed press release in August 2015,
just days before Labor Day. The release noted that the various
defendants had reached plea
deals.
By
that time, the criminal cases against Mikerin had been narrowed to a
single charge of money laundering for a scheme that officials
admitted stretched from 2004 to 2014. And though agents had evidence
of criminal wrongdoing they collected since at least 2009, federal
prosecutors only cited in the plea agreement a handful of
transactions that occurred in 2011 and 2012, well after the Committee
on Foreign Investment in the United States’s approval.
The
final court case also made no mention of any connection to the
influence peddling conversations the FBI undercover informant
witnessed about the Russian nuclear officials trying to ingratiate
themselves with the Clintons even though agents had gathered
documents showing the transmission of millions of dollars from
Russia’s nuclear industry to an American entity that had provided
assistance to Bill Clinton’s foundation, sources confirmed to The
Hill.
The
lack of fanfare left many key players in Washington with no inkling
that a major Russian nuclear corruption scheme with serious national
security implications had been uncovered.
On
Dec. 15, 2015, the Justice Department put out a release stating that
Mikerin, “a former Russian official residing in Maryland was
sentenced today to 48 months in prison” and ordered to forfeit more
than $2.1 million.
Ronald
Hosko, who served as the assistant FBI director in charge of criminal
cases when the investigation was underway, told The Hill he did not
recall ever being briefed about Mikerin’s case by the
counterintelligence side of the bureau despite the criminal charges
that were being lodged.
“I
had no idea this case was being conducted,” a surprised Hosko said
in an interview.
Likewise,
major congressional figures were also kept in the dark.
Former
Rep. Mike Rogers (R-Mich.), who chaired the House Intelligence
Committee during the time the FBI probe was being conducted, told The
Hill that he had never been told anything about the Russian nuclear
corruption case even though many fellow lawmakers had serious
concerns about the Obama administration’s approval of the Uranium
One deal.
“Not
providing information on a corruption scheme before the Russian
uranium deal was approved by U.S. regulators and engage appropriate
congressional committees has served to undermine U.S. national
security interests by the very people charged with protecting them,”
he said. “The Russian efforts to manipulate our American political
enterprise is breathtaking.”
This
story was updated at 6:50 p.m.
This story was updated at 6:50 p.m.
Indictment Affidavit by M Mali on Scribd
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