Counterintelligence - Espionage - Spy Case

 

Name

REGAN, Brian Patrick

 

 

Employer
TRW, Inc. (assigned to NRO)

National Reconnaissance Office (NRO), Chantilly, VA

US Air Force (USAF)

Dates of Employment

TRW: October 2000-23 August 2001

NRO: July 1995-31 August 2000 (detailed from Air Force)

USAF: August 1980-31 August 2000

Employee Type
 
Job Title/Duties
NRO and TRW: Assigned to Signals Intelligence Applications Integration Office at NRO

USAF: Signals Intelligence analysis

1991-1994: assigned to Air Force Intelligence Support Group at the Pentagon, first as a Communications Denial Analyst specializing in targeting the communications systems of military adversaries of the US, then as an Air Defense Analyst.

Military Rank

Master Sergeant (E-7)

Clearance Level
Held TS/SCI from 1980 to 2001
       
Spying For
Attempted to spy for Iraq, Libya, People's Republic of China (PRC). Offered them military secrets for $13 million.
Codename
 
Spying Dates
August 2000-August 2001
Co-conspirators
 
Methodology
Accessed the internet via public access computers at area libraries.

Accessed classified Intelink at work looking for information relating to military facilities in Iraq, Iran, Libya and the PRC.

Told co-workers he was going to Disney World in Florida with his family when he actually traveled overseas to Switzerland by himself. Did not report foreign travel.

Possible Motivations, Problems
Money
Finances
Run up $116,000 in credit card debt.
Identified/
Investigation
In the Fall of 2000, reliable source information indicated that a number of U.S. government documents were provided to the government of Country A. The large majority of these documents are classified and relate to the U.S. national defense, and are not authorized for release to Country A.
Arrest Date/Location

Thursday, 23 August 2001 at 5:35 pm at Dulles Airport, VA

Charges
Found guilty of two counts of attempted espionage, related to attempts to sell information to Iraq and China, and one count of gathering national defense information. He was acquitted of attempting to provide U.S. secrets to Libya.

Count One: Title 18, U.S.C. Code 794(a) Attempted Espionage (Iraq)

Count Two: Title 18, U.S.C. Code 794(a) Attempted Espionage (Libya)

Count Three: Title 18, U.S.C. Code 794(a) Attempted Espionage (China)

Count Four: Title 18, U.S.C. Code 793(b) Gathering National Defense Information

Court

US District Court for the Eastern District of Virginia

Lawyers

Defense Attorney:

 

Nina Ginsberg

DiMuro, Ginsberg & Mook

Alexandria, VA

 

She was also the lawyer for Earl Pitts, FBI Special Agent convicted of spying for Russia and Philippe Wispelaere, the Australian intelligence analyst convicted of attempted espionage

 

Additional Attorneys:

 

James Clark

Land, Clark, Carroll, Mendelson & Blair

He was also lawyer to James Clark of the Squillacote/Stand spy ring convicted of conspiracy to commit espionage and NSA cryptologist David Boone convicted of spying for Russia

 

Jonathan Shapiro

Solo Practitioner

He was also lawyer to CIA officer Jim Nicholson, convicted of spying for Russia

 

Joseph McCarthy

Delaney, McCarthy & Colton

He was also lawyer to James Clark of the Squillacote/Stand spy ring)

 

Prosecution:

 

Patricia M. Haynes

Assistant United States Attorney

(convicted Philippe Wispelaere)

 

James P. Gillis

Assistant United States Attorney

 
Status

January 13, 2003:

Jury selection began for the trial

 

January 27, 2003:

Trial begins, Alexandria, VA

US District Judge Gerald Bruce Lee

 

February 20, 2003:

Regan found guilty of three charges of attempted espionage

 

February 24, 2003:

Jury decides Regan won't face death penalty

 

March 20, 2003:

Sentenced to life in prison without parole.

 
       
Date/Place of Birth
23 October 1962, Queens, NY
Citizenship
US
Residences

Bowie, Maryland

Education
1994-1995: assigned to the Joint Military Intelligence College as a student
Family
Wife Anette, two daughters, two sons
Other Employment
 
Additional Bio
 
       
Documents

Brian Regan Criminal Complaint

(USA v. Brian P. Regan, August 23, 2001)

Affidavit in .pdf format

 

Superseding Indictment

(Feb 14, 2002) .pdf

 

Notice of intent to seek a sentence of death

(USA v. Brian Patrick Regan, 19 April 2002)

 

Indictment  

(October 23, 2002) .pdf

 
Quotes

"If I commit esponage (sic) I will be putting my self and family at great risk. If I am caught I will be enprisioned (sic) for the rest of my life, if not executed for this deed."

--In a letter to Saddam Hussein, Brian Regan demanded $13 million in exchange for providing data such as detailed information about US reconnaissance satellites

 

"Brian Regan fully appreciated the consequences of his betrayal.  Brian Regan's price was $13 million -- for that he would betray his colleagues, his community, his country."

--Assistant U.S. Attorney Patricia Haynes

 

 

"This is not a case of espionage or attempted espionage. This may be a case of bad judgment bordering on stupidity."

-- Defense attorney Jonathan Shapiro

 

"Brian Regan wants you to believe that he intended no harm.  This was not a scam ladies and gentlemen. If this was just a scam, Brian Regan wouldn't have asked for $13 million."

--Assistant U.S. Attorney Patricia Haynes

 

"There's no doubt that your attempted espionage put our nation's intelligence-gathering at risk. You have joined the list of infamous spies."

--U.S. District Judge Gerald Bruce Lee

Case Links
 

BOOKS

 

 

News:

 

Retired Air Force Sgt. Charged With Espionage

A retired Air Force sergeant was arrested last night on espionage charges and will be making his first court appearance in Alexandria federal court this afternoon, the U.S. Attorney's Office said. Brian P. Regan, 38, had access to classified information as a government contractor assigned to the National Reconnaissance Office, which runs the nation's spy satellites, the U.S. Attorney's office said....( Washington Post, 24 Aug 01)

 

Retired Airman Charged With Spying

A much-decorated retired Air Force sergeant who worked as a civilian at the super-secret office that builds and operates U.S. spy satellites was charged Friday with conspiracy to commit espionage. Brian P. Regan, 38, appeared in federal court here a day after federal authorities took him into custody as he was passing through a security checkpoint to take a Lufthansa flight to Zurich, Switzerland, via Frankfurt, Germany......( AP, 24 Aug 01)

 

Affidavit: Spy suspect had codes, numbers

A retired Air Force sergeant charged with espionage Friday was carrying coded messages and had a list of names and addresses hidden in his shoe at the time of his arrest, according to a government affidavit.......( CNN, 25 Aug 01)

 

U.S. Set To Seek Death in Spy Case
The Justice Department will seek the death penalty for Brian P. Regan, who is charged with trying to sell top-secret defense information to Iraq, Libya and China, marking the first time the government has sought execution for espionage since capital punishment was restored.....( Washington Post, 20 Apr 02)

 

Execution Possibility Intensifies Spy Trial

On the quiet shuttle from the Dulles International Airport terminal to its midfield gates, where there's really no place to run, FBI agents arrested intelligence analyst Brian P. Regan in August 2001 before he boarded a plane to Germany. He faced charges of trying to sell classified documents to Iraq, Libya and China......( Washington Post, 13 Jan 03)

 

Espionage Case May Be Tried in Public

Unless the government quickly negotiates a plea agreement with defense lawyers for a retired Air Force master sergeant, he'll become the focus of the first espionage trial in nearly 50 years that could end in a death sentence.....( AP, 13 Jan 03)

 

Spy Suspect Who Tried to Help Iraq Heads to Court

As Washington faces a possible showdown with Iraq, the trial begins this week for a former U.S. intelligence analyst who faces the death penalty for allegedly trying to sell top secret defense information to Iraq and Libya.....( Reuters, 13 Jan 03)

 

Alleged U.S. spy for Iraq, Libya, China Facing Death Penalty 

A retired Air Force master sergeant accused of trying to sell military intelligence to Iraq, Libya and China goes on trial Monday, January 13, facing the possibility of becoming the first U.S. espionage suspect to be sentenced to death in more than half a century......(Islam Online, 13 Jan 03)

 

Jurors meet ex-master sergeant facing death penalty for spying

A former Air Force sergeant, charged in the first U.S. espionage trial in nearly 50 years that could end in a death sentence, calmly introduced himself Monday to prospective jurors.....( AP, 14 Jan 03)

 

Trial to Begin for Hussein's Would-Be Spy

For Brian Patrick Regan, the timing couldn't be much worse. As the United States marshals its forces for a seemingly inevitable invasion of Iraq, Regan is scheduled to go on trial this week in U.S. District Court for the Eastern District of Virginia for allegedly offering to sell U.S. military secrets to Iraqi President Saddam Hussein.....( Law.com, 14 Jan 03)

 

US spy trial begins

IT is the first American spy trial in 50 years that could end in a death sentence - a debt-ridden ex-air force sergeant is accused of offering satellite secrets to Iraqi leader Saddam Hussein and others for more than $US13 million.....( The Australian, 14 Jan 03)

 

Accused U.S. spy faces death

Jury selection began yesterday in the trial of a former U.S. Air Force sergeant accused of offering to sell military secrets to Iraq, Libya and China for Swiss currency worth more than $13 million (U.S.).....( Toronto Star, 14 Jan 03)

 

CRIME & JUSTICE

Jury selection in spy trial: About 200 potential jurors for the trial of alleged spy Brian P. Regan filled out questionnaires yesterday at the federal courthouse in Alexandria as Regan's trial began on espionage charges that could bring the death penalty if he is convicted.....( Washington Post, 14 Jan 03)

 

Alcoholism May Be Issue in Espionage Trial of Air Force Sergeant

Defense lawyers in the espionage trial of a former Air Force master sergeant are asking potential jurors whether they would consider family alcoholism as a mitigating factor in sentencing.....( AP, 16 Jan 03)

 

 

U.S. Espionage Trial Accused: Spy or Bumbler?

A U.S. intelligence analyst on trial for espionage was said by prosecutors on Monday to have been trying to sell secrets to Iraq, Libya and China, but his lawyer said he may have been stupidly acting out a spy fantasy with no intention of harming the United States.....( Reuters, 27 Jan 03)

 

Ex-Airman's Death Penalty Spy Case Opens

The first spy trial in 50 years that could result in the death penalty opened Monday with prosecutors portraying a retired Air Force master sergeant as willing to sell out his country for a price and his lawyers saying he had nothing of value to offer.....( AP, 27 Jan 03)

 

Regan Spy Trial Proceeds With Jury Pick

For nearly two weeks, dozens of people took the witness stand, one after another. All were asked the same thing: Could they sentence a man to death for spying against America, even if he never passed any secrets?.....( AP, 27 Jan 03)

 

Veteran's Spy Trial to Begin

A retired Air Force sergeant -- who in a letter to Saddam Hussein expressed frustration at the size of his government pension -- goes on trial today in federal court, accused of attempting to sell secrets about U.S. spy satellites to Iraq, Libya and China.....( Los Angeles Times, 27 Jan 03)

 

Spy Suspect Portrayals: Disloyal or Fantasizing

The prosecutor stood before the jury, brandished a legal pad and in a grave voice began to read from a letter she said showed Brian P. Regan was a spy.....( Washington Post, 28 Jan 03)

 

Spy trial opens, could result in death penalty

Federal prosecutors began laying out their case yesterday in the espionage trial of Brian P. Regan of Bowie, who, if convicted, could become the first person in the United States to be executed for spying in a half-century.....( Baltimore Sun, 28 Jan 03)

 

Prosecution, defense spar over motives of man accused of spying

Lawyers for a retired Air Force enlisted man accused of spying for Iraq, Libya and China argued at trial Monday that Brian Patrick Regan was guilty only of bad judgment.....( CNN, 28 Jan 03)

Prosecution paints chronology of FBI probe

Defense: Regan could not have succeeded with charges

 

Defense Says Client 'Was Playing Spy'

Brian Patrick Regan was playing an elaborate spy game that had "absolutely no chance of success," lawyers for the former Air Force sergeant argued yesterday as his trial on charges of attempted espionage opened in U.S. District Court.....( Los Angeles Times, 28 Jan 03)

 

Gov't. Begins Case Against Suspected Spy

An FBI agent testifying in a rare spy case in open court said defense contractor Brian Patrick Regan developed an elaborate code to disguise information he was copying from secret documents on missile sites.....( AP, Jan 28 03)

 

FBI Man Testifies Against Spy Suspect

The government has no evidence that a former Air Force master sergeant accused of espionage ever sent letters he wrote to Iraqi and Libyan leaders offering to sell them American military secrets, an FBI agent testified Tuesday.....( AP, Jan 28 03)

 

FBI Agent Testifies in Espionage Trial

Computer files and handwritten notes by Brian Patrick Regan suggest he promised foreign leaders U.S. secrets and sought advice on how to use offshore bank accounts and credit cards.....( AP, 29 Jan 03)

 

FBI Agents Testify at Espionage Trial

–– Jurors have heard that spy suspect Brian Patrick Regan used his access to a classified Internet site to obtain top secret intelligence on Iraq, Libya and China.....( AP, 30 Jan 03)

 

FBI Documents Espionage Suspect's Debt

...The first week of testimony ended with an FBI special agent testifying Thursday that Regan, a retired Air Force master sergeant, had run up credit card debts totaling nearly $117,000, in addition to his mortgage and car loans.....( AP, 31 Jan 03)

 

U.S. spy suspect's use of data is questioned

Two of spy suspect Brian Patrick Regan's former supervisors testified yesterday that classified information he obtained about Iraq, Libya and China had nothing to do with his job.....( AP, 31 Jan 03)

 

Death row politics escalates as convicted spy and murderer each face execution

At first glance there is little similarity between the cases of Jackie Elliott and Brian Regan, two men caught up in the US apparatus of death.....( Sunday Herald, 2 Feb 03)

 

Espionage Trial Enters Second Week

Two very different descriptions of spy suspect Brian Patrick Regan emerged during the first week of testimony at his trial on charges he attempted to sell U.S. intelligence to Iraq, Libya and China......( AP, 3 Feb 03)

 

Spy suspect used library computers, agents say

Three FBI employees assigned to tail Brian Patrick Regan testified yesterday that the spy suspect used a computer at a Maryland public library to look up addresses for Iraqi and Libyan embassies overseas.....( AP, 4 Feb 03)

 

FBI Employees Testify in Espionage Case

Brian Patrick Regan used computers in the local public library to find the addresses of Iraqi and Libyan embassies overseas.....( AP, 4 Feb 03)

 

Pair say data in spy case is crucial

An Air Force general and a CIA official testified yesterday that top-secret information reportedly accessed by espionage suspect Brian Patrick Regan would be invaluable to "our adversaries" in Iraq, Iran and China.....( Washington Times, 5 Feb 03)

 

Regan access said to pose security risk

Spy suspect Brian Patrick Regan examined documents that could have caused great harm to national security if they had been turned over to Iraq.....( AP, 5 Feb 03)

 

Regan trial hears of codes for spying

A code expert testified yesterday that spy trial defendant Brian Patrick Regan used more than 90 alphabets to encode top-secret U.S. information that would have been valuable to Iraq and Iran.....( Washington Times, 6 Feb 03)

 

FBI: Coded letters were offer to spy

The government Wednesday finished its espionage case against Brian Patrick Regan, with an FBI code expert explaining how the retired Air Force master sergeant allegedly concealed letters to Iraq and Libya.....( AP, 6 Feb 03)

 

Defense Presents Case in Regan Spy Trial

The first witnesses in support of spy suspect Brian Patrick Regan testified that the information he allegedly tried to sell could be obtained from private satellite companies.....( AP, 6 Feb 03)

 

Defense Finishes Case in Regan Spy Trial

With testimony complete in the trial of spy suspect Brian Patrick Regan, lawyers for both sides prepared for one last chance to sway jurors.....( AP, 7 Feb 03)

 

Spy suspect was harmless, witnesses say

Two national security experts testified Thursday that the U.S. intelligence that spy suspect Brian Patrick Regan was carrying when he was arrested would not have harmed the United States if sold to a foreign government.....( AP, 7 Feb 03)

 

Closing Arguments Planned in Spy Trial

A rare espionage trial nears its end, with jurors ready to weigh the fate of spy suspect Brian Patrick Regan after listening to closing arguments from both sides.....( AP, 10 Feb 03)

 

U.S. Argues Spy Suspect Betrayed Country

Government prosecutors, summing up their case against a retired Air Force man suspected of spying, maintained Monday that Brian Patrick Regan "betrayed his country" with a willingness to sell classified information to Iraq, Libya and China.....( AP, 10 Feb 03)

 

Trial Ends for Man Accused of Trying to Help Iraq.....( Reuters, 10 Feb 03)

 

Espionage case of former sergeant in hands of jury.....( CNN, 10 Feb 03)

 

Jury Opens Deliberations in Federal Espionage Case
Jurors began deliberating the fate of Brian P. Regan yesterday, after prosecutors portrayed him as a coldblooded spy aiming to help Saddam Hussein while his attorneys called him a childlike incompetent who never intended to hurt anyone.....( Washington Post, 11 Feb 03)

 

Jurors Begin Deliberating in Spy Trial

Brian Patrick Regan's fate was in the hands of 12 jurors after both the government and the defense wrapped up their arguments in the former Air Force sergeant's espionage trial.....( AP, 11 Feb 03)

 

Espionage case of former sergeant in hands of jury

The fate of a retired Air Force sergeant accused of offering to sell military secrets to Iraq, China and Libya was in the hands of a jury Monday afternoon after a two-week trial.....( CNN, 11 Feb 03)

 

Jury Mulls Fate of Iraq Spy Suspect

U.S. prosecutors seeking the death penalty urged jurors on Monday to convict a former intelligence analyst for attempted spying, saying he had betrayed his country by offering defense secrets to Iraq, Libya and China.....( Reuters, 11 Feb 03)

 

Jury begins deliberating in Regan espionage case

Jurors began weighing spy suspect Brian Patrick Regan's guilt or innocence yesterday after government prosecutors argued that, for $13 million, he would have sold Iraq or Libya "whatever they would have paid for".....( AP, 11 Feb 03)

 

An unlikely setting for global intrigue

...In was in the old Crofton library two summers ago - between children's storytelling hours and evening community meetings - that FBI agents say they watched retired Air Force Master Sgt. Brian Patrick Regan search the Internet for Iraqi embassies in Switzerland, Germany and France.....( Baltimore Sun, 11 Feb 03)

 

Regan Jury Recesses Without Verdict

Jurors recessed Wednesday without reaching a verdict in the trial of suspected spy Brian Patrick Regan.  The jury is scheduled to resume deliberations Thursday.....( AP, 12 Feb 03)

 

Jury recesses for weekend without verdict

The jury in the trial of spy suspect Brian Patrick Regan finished a second day of deliberations Thursday and recessed for the weekend without reaching a verdict.....( AP, 13 Feb 03)

 

Jury in Spy Case Continues Deliberations

Jurors in the trial of spy suspect Brian Patrick Regan finished a third full day of deliberations Wednesday without reaching a verdict.....( AP, 19 Feb 03)

 

Analyst Convicted In Spy Case

A federal jury yesterday convicted former Air Force intelligence analyst Brian P. Regan on three charges of attempted espionage, acquitted him on a fourth and said it could not agree on whether his spying should make him eligible for the death penalty. The panel was ordered to resume deliberation on that question Monday morning......( Washington Post, 21 Feb 03)

 

Jury to Decide Penalty in Regan Spy Case

A federal jury convicted Brian Patrick Regan of attempted espionage, but could not decide whether the retired Air Force master sergeant should face the death penalty.....( AP, 21 Feb 03)

 

Former Air Force Analyst Convicted in Spying Case

A former Air Force intelligence analyst was found guilty today on charges of trying to sell national secrets to Iraq and China, and a federal jury will now decide whether he should become the first spy executed in 50 years.......( New York Times, 21 Feb 03)

 

Ex-intelligence analyst convicted for trying to be a spy

A hapless and heavily indebted former intelligence analyst who sought to offer "vital secrets" to Saddam Hussein was convicted Thursday of trying to spy for Iraq and China.....( Los Angeles Times, 21 Feb 03)

 

Retired Air Force sergeant convicted of espionage......( Washington Times, 21 Feb 03)

 

Regan Convicted of Attempted Espionage......( AP, 20 Feb 03)

 

Regan convicted of attempted espionage for Iraq, China......( CNN, 20 Feb 03)

 

Ex-Analyst Guilty of Attempted Spying for Iraq.......( Reuters, 21 Feb 03)
 

US man guilty in espionage trial.......( BBC, 21 Feb 03)

 

US traitor who offered to spy for Iraq faces death.......( London Times, 21 Feb 03)
 

Retired sergeant convicted in spy case......( UPI, 20 Feb 03)

 

Convicted Spy Won't Face Death Penalty

The government's attempt to impose the death penalty on convicted spy Brian Patrick Regan was rejected Monday by the federal jury that convicted him of offering to sell U.S. intelligence to Iraq and China.....( AP, 24 Feb 03)

 

Former Analyst Spared Execution in Iraq Spy Case

A former Air Force intelligence analyst who has been found guilty of attempted spying for Iraq will not face the death penalty, a jury decided on Monday in a blow to the U.S. government......( Reuters, 24 Feb 03)

 

Would-be spy eludes death sentence

Former Air Force Master Sgt. Brian Patrick Regan, the ex-intelligence analyst convicted of offering to sell U.S. intelligence information to Iraq and China, will not face the death penalty, jurors in Alexandria, Va., decided Monday.....( MSNBC, 24 Feb 03)

 

US Spy Regan Spared Execution

The former U.S. intelligence analyst convicted of trying to sell top secret information to China and Iraq has been spared the death penalty.....( VOA News, 24 Feb 03)

 

Convicted Spy Won't Get Death Penalty

A federal jury in Alexandria yesterday spared the life of convicted spy Brian P. Regan, deciding that his crime of trying to sell secrets to Iraq did not warrant making him eligible to become the first person executed for espionage in the United States since the Cold War.....( Washington Post, 25 Feb 03)

 

Jury Rules Out Death Penalty for Failed Spy

A federal worker who was convicted last week of trying to sell secrets to Iraq and China will not face the death penalty.....( New York Times, 25 Feb 03)

 

Would-Be Spy Won't Face Death Penalty

In a setback for the Justice Department, a federal jury Monday spared Brian Patrick Regan the death penalty for trying to sell "vital secrets" to the governments of China and Iraq....( Los Angeles Times, 25 Feb 03)

 

Life for a failed spook

A federal jury in Northern Virginia did the right thing by declining to impose the death penalty on hapless would-be spy Brian Regan.....( Cincinnati Post Op-Ed, 26 Feb 03)

 

Ashcroft's Mission Unconscionable

I have been seeing the wrong spy movies. My image of spies and traitors -- urbane fellows who know a martini from a gimlet -- has collided with the reality of Brian Patrick Regan. His movie would be titled "The Spy Who Could Not Spell".....( Washington Post Op-Ed, 27 Feb 03)

 

Regan Gets Life for Secrets to Iraq

A retired Air Force master sergeant was sentenced to life in prison without parole Thursday for offering to sell U.S. intelligence secrets to Iraq's Saddam Hussein and the Chinese government. U.S. District Judge Gerald Bruce Lee approved the sentence, which was brokered by Brian Patrick Regan's lawyers and prosecutors. As part of the agreement, the government promised not to prosecute Regan's wife, Anette, and allowed her to keep a portion of Regan's military pension. Regan also agreed to tell the government about any classified information he may have given to other people or countries, and to submit to lie-detector tests. His wife also agreed to cooperate......( AP, 20 Mar 03)

 

Convicted Spy Accepts Life Sentence

In a surprise deal with prosecutors yesterday, convicted spy Brian P. Regan accepted a sentence of life in prison for trying to sell secrets to Iraqi dictator Saddam Hussein in exchange for an agreement not to prosecute his wife, who authorities say may have obstructed justice to help her husband……( Washington Post 21, Mar 03)

More Information on the Regan Espionage Case

 

Convicted Spy Brian Regan Sentenced

Convicted spy Brian Patrick Regan was sentenced to life in prison without parole for offering to sell U.S. intelligence secrets to Saddam Hussein…..( AP, 21 Mar 03)

 

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