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Date: 07-24-2019
Case Style:
United States of America v. Brian Rafiekian
Case Number: 1:18-cr-00457-AJT
Judge: Anthony J. Trenga
Court: United States District Court for the Eastern District of Virginia (Arlington County)
Plaintiff's Attorney: James P. Gillis, John T. Gibbs, Aidan T. Grano, Evan N. Turgeon, Stephanie K. Sweeten
Defendant's Attorney: Robert Powel Trout and James Edward Tysse
Description:
Alexandria, VA - Jury Convicts Flynn Intel Group Founder of Conspiring to Act as an Undisclosed Agent of Turkey
After three hours of deliberations a federal jury convicted Brian Rafiekian on charges of conspiring to act as an agent of a foreign government, conspiring to make false statements and willful omissions in a FARA filing, and acting as an agent of a foreign government.
“Today’s verdict should stand as a deterrent to any malign foreign influence that undermines the integrity of our political processes,” Assistant Attorney General John Demers said. “Through misrepresentations in his FARA filing, Mr. Rafiekian attempted to deceive the public and influence key leaders on behalf of Turkey. The Department of Justice treats these crimes with the gravity that they deserve.”
“Rafiekian was held accountable for his actions and found guilty by a jury of his peers,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “I want to thank the investigators and prosecutors for their thorough investigation, extensive briefing, and commitment to this case.”
According to court records and evidence presented at trial, Bijan Rafiekian, 67, of San Juan Capistrano, California, along with his co-conspirator, Kamil Ekim Alptekin, 42, of Istanbul, a Turkish national with close ties to the highest levels of the Government of Turkey, were involved in a conspiracy to covertly influence United States politicians and public opinion against a Turkish national, Fethullah Gulen, who is living in the United States. The Government of Turkey had filed two extradition requests for Gulen, and has been trying to convince the Department of Justice to extradite Gulen back to Turkey since 2015. The conspiracy included using the Flynn Intel Group (FIG), a company founded by Rafiekian and Michael T. Flynn, which provided services based upon Flynn’s national security expertise.
According to court documents, the purpose of the conspiracy was to use FIG to delegitimize the Turkish citizen in the eyes of the American public and United States politicians, with the goal of obtaining his extradition, which was meeting resistance at the U.S. Department of Justice. At the same time, the conspirators sought to conceal that the Government of Turkey was directing the work. However, not only was Rafiekian told by Alptekin that Turkish cabinet-level officials had approved the budget for the project, but Alptekin also told Rafiekian that he provided the Turkish officials updates on the work. Rafiekian understood that Alptekin was relaying the Turkish officials’ directions on the work to Rafiekian, Flynn, and others at FIG.
According to court documents, the scheme included using a Dutch shell company, Inovo, owned by Alptekin to act as FIG’s “client.” FIG was paid $600,000 in three installments from an account in Turkey in Alptekin’s name. After Alptekin made the payments to FIG, FIG kicked back 20 percent of the payments to Alptekin’s company in the Netherlands, with two such kickbacks being made.
Rafiekian faces a maximum penalty of 15 years in prison when sentenced on October 18. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Charges:
18:371 Conspiracy To Act as an Agent of a Foreign Government and To Make False Statements and Willful Omissions in a FARA Filing
(1s)
18:951 Acting in the United States as an Agent of a Foreign Government
(2s)
Outcome: 07/23/2019 351 TRANSCRIPT (Vol. 6 - PM Session) of Proceedings held on 7/22/2019, before Judge Anthony J. Trenga. Court reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/22/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 10/21/2019.(thomson, anneliese) (Entered: 07/23/2019)
07/23/2019 354 Minute Entry for proceedings held before District Judge Anthony J. Trenga: Jury Trial (Day 7) as to Bijan Rafiekian held on 7/23/2019. Counsel appeared same as previous days. Jury begins deliberations. Jury returns with a verdict of guilty on both counts. Jury polled. Jury dismissed. Defendant directed to USPO for PSIR. Sentencing set for 10/18/2019 at 09:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Any further briefings on Defendant's Rule 29 Motion are due by 8/17/2019 with responses to be submitted by 8/24/2019. Motion Hearing on Rule 29 Motion(s) set for 9/5/2019 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Defendant released on same terms and conditions. (Attachments: # 1 Government Witness List, # 2 Government Exhibit List, # 3 Defendant Witness List, # 4 Defendant Exhibit List, # 5 Jury Instructions, # 6 Trial Exhibit Certificate of Review)(Court Reporter R. Montgomery)(dzir) (Entered: 07/23/2019)
07/23/2019 355 JURY VERDICT as to Bijan Rafiekian (1) Guilty on Count 1s and 2s. (dzir) (Entered: 07/23/2019)
07/23/2019 356 ORDERED that the clerk is hereby relieved of all responsibility for said exhibits and that upon request of the clerk, the custodian of the exhibits shall deliver said exhibits to the clerk forthwith. Signed by District Judge Anthony J. Trenga on 7/23/2019. (dzir) (Entered: 07/23/2019)
Plaintiff's Experts:
Defendant's Experts:
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