09-12-05 -- Aragoncillo, Leandro, et al. -- Criminal Complaint -- News Release

FBI Intelligence Analyst Arrested, Accused of Passing Classified Information; Former Philippines National Police Official Also Charged

NEWARK - An FBI intelligence analyst at Fort Monmouth and a former official with the Philippines National Police were arrested Saturday morning, charged in a federal criminal complaint with acting as unregistered agents of a foreign official and passing classified information to that official and others in the Republic of the Philippines, U.S. Attorney Christopher J. Christie and FBI Special Agent in Charge Leslie Wiser, Jr. announced.

Leandro Aragoncillo, 46, a former U.S. Marine, was arrested by Special Agents of the FBI at his home in Woodbury, Gloucester County, New Jersey. Michael Ray Aquino, 39, a Filipino national in the United States on an expired visa, was arrested at his residence in Queens, N.Y.

Both defendants made initial appearances at approximately 11 a.m. before U.S. Magistrate Judge Patty Shwartz. Both were ordered detained pending trial.

"The arrests of Leandro Aragoncillo and Michael Ray Aquino affirm the FBI's commitment to apprehending those who would seek to reveal classified information to foreign nationals," Wiser said.

"Crimes like these strike at the heart of our national security," said Christie. "These defendants will face the full weight of federal prosecution."

The criminal complaint alleges that Aragoncillo, an FBI intelligence analyst since July 2004 at the Fort Monmouth Information Technology Center, used an FBI database to search, download and print classified documents concerning the Philippines.

Using personal Yahoo! and Hotmail accounts, Aragoncillo allegedly sent email messages, often with classified documents attached, to individuals in the Philippines, including current and former public officials of the Philippines. Those individuals are identified in the criminal complaint as Public Official #1, a former high-level public official; Public Official #2, a current high-level public official; and Public Official #3, a second current high-level public official.

The FBI database accessed by Aragoncillo contained, among other things, classified information and documents from the FBI, and other federal departments. Classified information is material that has been determined to require protection against unauthorized disclosure for reasons of national security and foreign relations. The three levels of classification are "Top Secret," "Secret" and "Confidential."

The FBI began a field investigation of Aragoncillo in late July 2005. On March 7, 2005, Aquino was arrested in New York by Special Agents of Immigration and Customs Enforcement (ICE) for overstaying a tourist visa issued to Aquino on July 7, 2001. Following the arrest, Aragoncillo appeared at ICE offices in New York and identified himself to agents as an FBI employee and friend of Aquino. He subsequently called an ICE agent to inquire on the status of the investigation, prompting an ICE agent to notify the FBI about Aragoncillo's inquiries.

The FBI, among other things, then commenced an audit of Aragoncillo's use of the FBI database, revealing that he had conducted extensive unauthorized searches concerning the Philippines. The audit revealed that from between about May 1 and Aug. 15, 2005, Aragoncillo either printed or downloaded 101 classified documents concerning the Philippines, of which 37 were classified at the "Secret" level.

Additional records obtained from Yahoo! and Hotmail revealed that as early as January 2005 and continuing into this September, Aragoncillo used his Yahoo! and Hotmail accounts to transmit classified documents and information to individuals in the Philippines, including the current and former public officials in the Philippines specifically referenced above.

Aquino served as a the Deputy Director of the Philippines National Police - Intelligence Group, and a Senior Superintendent of the now-disbanded Philippines Presidential Anti-Organized Crime Task Force.

The defendants are both charged with one count of conspiracy, which carries a maximum sentence of five years in prison and a fine of $250,000, and one count of acting as an unregistered agent subject to the direction of a foreign official, which carries a maximum penalty of 10 years in prison and a fine of $250,000. Aragoncillo is also charged with one count of the unauthorized use of a government computer to obtain and transmit classified information to persons not entitled to receive that information, which carries a maximum sentence of 10 years' imprisonment and a $250,000 fine.

Despite being charged in a criminal complaint, the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.

Christie credited Special Agents of the FBI, under the direction of Special Agent in Charge Leslie Wiser, Jr., in Newark, with the investigation leading to the arrests of the defendants.

The case is being prosecuted by Stuart Rabner, Chief of the U.S. Attorney's Office Criminal Division in Newark, and Assistant U.S. Attorneys Karl H. Buch, Kevin O'Dowd and Erez Liebermann, all of the Criminal Division.

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Defense Attorneys:

for Aragoncillo, Chester Keller, Esq., Federal Public Defender's Office

for Aquino, K. Anthony Thomas, Esq.