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Date: 04-23-2015

Case Style: United States of America v. David Petraeus

Case Number: 3:15-cr-00047-DCK

Judge: David Keesler

Court: United States District Court for the Western District of North Carolina (Mecklenburg County)

Plaintiff's Attorney: James Melendres, Richard S. Scott and Jill Westmoreland Rose

Defendant's Attorney: Dave Kendall, Simon Latcovich and Jake Sussman

Description:






Charlotte, NC - David Petraeus appeared before U.S. Magistrate Judge David Keesler of the Western District of North Carolina and admitted to the unauthorized removal and retention of classified information and lying to the FBI and CIA about his possession and handling of classified information. Petraeus was sentenced to a two-year probationary term and was ordered to pay $100,000 fine. The DOJ National Security Division, the Charlotte FBI office investigated the case against Petraeus.

The Government claimed that Petraeus, once the Director of the CIA, and a retired Army general officer, allowed a woman with whom he was having an affair and writing a book about him to have access to classified materials in his possession. Investigators found classified materials in Patraeus' den when they searched it. He also lied to the FBI when questioned about his actions.


Court docket entries for this case:


Date Filed # Docket Text
03/03/2015 1 INFORMATION as to David Howell Petraeus (1) count(s) 1. (eef) (Entered: 03/03/2015)
03/03/2015 2 PLEA AGREEMENT as to David Howell Petraeus (eef) Modified on 3/3/2015 (tmg). (Entered: 03/03/2015)
03/03/2015 3 Factual Basis as to David Howell Petraeus (eef) Modified on 3/3/2015 (tmg). (Entered: 03/03/2015)
03/03/2015 4 NOTICE of Attorney Appearance James P. Melendres appearing for USA by USA as to David Howell Petraeus (Rose, Jill) (Entered: 03/03/2015)
03/03/2015 5 NOTICE of Attorney Appearance Richard S. Scott appearing for USA by USA as to David Howell Petraeus (Rose, Jill) (Entered: 03/03/2015)
03/03/2015 6 NOTICE OF ATTORNEY APPEARANCE: Jacob H. Sussman appearing for David Howell Petraeus (Sussman, Jacob) (Entered: 03/03/2015)
03/03/2015 7 MOTION for Leave to Appear Pro Hac Vice as to David E. Kendall (Filing fee $ 276, receipt number 0419-2579215) by David Howell Petraeus. Motions referred to David Keesler(Sussman, Jacob) (Entered: 03/03/2015)
03/03/2015 8 MOTION for Leave to Appear Pro Hac Vice as to Simon A. Latcovich (Filing fee $ 276, receipt number 0419-2579220) by David Howell Petraeus. Motions referred to David Keesler(Sussman, Jacob) (Entered: 03/03/2015)
03/03/2015 9 ORDER granting 8 Motion for Leave to Appear Pro Hac Vice added Simon A. Latcovich for David Howell Petraeus as to David Howell Petraeus (1) Signed by Magistrate Judge David Keesler on 03/03/2015. (jlk) (Entered: 03/03/2015)
03/03/2015 Notice to Simon A. Latcovich: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 3/13/2015. (jlk) (Entered: 03/03/2015)
03/03/2015 10 ORDER granting 7 Motion for Leave to Appear Pro Hac Vice added David E. Kendall for David Howell Petraeus (1). Signed by Magistrate Judge David Keesler on 3/3/2015. (eef) (Entered: 03/03/2015)
03/03/2015 Notice to David E. Kendall: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 3/13/2015. (eef) (Entered: 03/03/2015)
03/09/2015 NOTICE OF HEARING as to David Howell Petraeus: Plea and Sentence set for 4/23/2015 02:00 PM in Courtroom 2-1, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David Keesler. This is your only notice - you will not receive a separate document.(mga) (Entered: 03/09/2015)
03/09/2015 11 Waiver/Consent to Accelerated PSI Report by David Howell Petraeus(smr) (Entered: 03/09/2015)
03/10/2015 12 Summons Issued (Sealed - Court) in case as to David Howell Petraeus Initial Appearance set for 4/23/2015 02:00 PM in Magistrate Courtroom 2-1, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David Keesler. Plea and Sentencing Hearing set for 4/23/2015 02:00 PM in Magistrate Courtroom 2-1, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David Keesler. (mga) Modified location on 4/13/2015 (mga). (Entered: 03/10/2015)
03/10/2015 13 PRESENTENCE INVESTIGATION REPORT (Draft Report) (SEALED - Attorney) as to David Howell Petraeus. Objections to PSI due 3/17/2015. (available to USA, David Howell Petraeus)(Karen Beam - smr) (Entered: 03/10/2015)
03/13/2015 14 Summons Returned Executed (Sealed - Court) on 3/11/2015 as to David Howell Petraeus (eef) (Entered: 03/13/2015)
03/18/2015 15 PRESENTENCE INVESTIGATION REPORT (Final Report) (SEALED - Attorney) as to David Howell Petraeus. (available to USA, David Howell Petraeus)(Karen Beam - smr) (Entered: 03/18/2015)
04/15/2015 17 SEALED SENTENCING MEMORANDUM (Sealed - Attorney) (available to: USA, David Howell Petraeus) (Attachments: # 1 Appendix Appendix A, # 2 Appendix Appendix B)(Sussman, Jacob) (Entered: 04/15/2015)
04/23/2015 Minute Entry: INITIAL APPEARANCE as to David Howell Petraeus held before Magistrate Judge David Keesler. Defendant advised of rights & charges. Defendant retained counsel. Government attorney: Jill Rose, James P. Melendres and Richard S. Scott. Defendant attorney: David E. Kendall, Simon A. Latcovich and Jacob Sussman. Court Reporter: Laura Andersen. (mga) (Entered: 04/23/2015)
04/23/2015 18 CONSENT TO TRIAL BEFORE US MAGISTRATE JUDGE by David Howell Petraeus (mga) (Entered: 04/23/2015)
04/23/2015 Minute Entry: PLEA HEARING as to David Howell Petraeus held before Magistrate Judge David Keesler. Defendant sworn and advised of rights and charges. Court reviews plea agreement. Plea Entered by David Howell Petraeus (1) Guilty Count 1. Factual Basis Found. Plea accepted. Government attorney: Jill Rose, James P. Melendres and Richard S. Scott. Defendant attorney: David E. Kendall, Simon A. Latcovich and Jacob Sussman. Court Reporter: Laura Andersen. (mga) (Entered: 04/23/2015)
04/23/2015 19 ACCEPTANCE and entry of Guilty Plea as to David Howell Petraeus signed by Magistrate Judge David Keesler. (mga) (Entered: 04/23/2015)
04/23/2015 Minute Entry: SENTENCING as to David Howell Petraeus held before Magistrate Judge David Keesler. Factual Basis Found. Government attorney: Jill Westmoreland, James P. Melendres and Richard S. Scott. Defendant attorney: David E. Kendall, Simon A. Latcovich and Jacob Sussman. Court Reporter: Laura Andersen. (mga) (Entered: 04/23/2015)

Outcome: Defendant was sentenced to two years probation and fined $100,000.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: It is interesting to note that Petraeus received far less punishment that Martha Stewart for lying to the FBI. She got hard time in a federal prison for lying to the FBI. I am sure that if I had disclosed classified top secret materials in my possession when I worked in crypto in the USAF, I would not have gotten two years of probation for having done so. Petraeus got off very easy. Petraeus is an American Caesar who fell from grace because of hubris. He thought that he was above the law.



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