3-2 Milestone

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1 3-2 Final Project Milestone Two Ralph Deines Southern New Hampshire University JUS-305: International Criminal Justice July 16, 2023

2 3-2 Final Project Milestone Two Draft of Violation (Section II) In this milestone, we are going to explore the case of “Operation Ghost Stories,” which was a long-term espionage campaign conducted by Russia, or more specifically, the Russian Foreign Intelligence Service (SVR) (K, International Criminal Justice 2018). This campaign was meant to gather intelligence by infiltrating Western countries like the United States. In 2010, the FBI was able to catch up and arrest 10 Russian Spies working for the SVR after an FBI surveillance campaign of their own. This campaign resulted in their arrest and eventual expulsion and them being charged for many different crimes including being unregistered foreign agents and espionage. The spies were all charged with a myriad of additional charges including providing false statements, illegally trying to obtain citizen documentation and residency, money laundering, and conspiracy. The Spies were found guilty of collecting information and sending it back to Russia (K, International Criminal Justice 2018), however rather than go through a lengthy trial, the 10 Russian spies were instead used by the United States in what was referred to as a spy swap, which occurred on the tarmac of an Austrian international airport (Rfe/rl, 2020). Although they were never able to get their hands on classified intelligence, it still shook the country knowing that spies were still prevalent in the United States even though the Cold War had come to an end in the years prior to this espionage case and that these embedded spies could be neighbors, friends, or even colleagues living a normal life as an American Citizen (K, International Criminal Justice 2018). The spies that were arrested in this case were not in the country legally but were still allotted the same rights in the judicial system and all normal procedures had to be followed regardless of who they allegedly worked for, their Russian nationality, or the accusations against them in this case (K, International Criminal Justice 2018).

3 3-2 Final Project Milestone Two A. Determine the criminal’s citizenship status and how this impacted the United States’ ability to adhere to procedural due process. Was the criminal a U.S. Citizen? Did the criminal have dual citizenship? The Spies involved in Operation Ghost Story impacted the United States’ ability to follow procedural law and standard legal procedures. Only one of the 10 agents arrested during Operation Ghost Stories had American citizenship while the other spies were operating in the U.S. utilizing undercover identities with their actual identities concealed and unknown. After the spies were arrested by the FBI, the true citizenship and identity of all 10 had to be uncovered. With 9 of the 10 spies not being Americans, the same procedural due process of that afforded to the American citizen did not apply, creating delays in the legal process and complexity from the start of the post-arrest investigation. As previously stated, some of the spies were able to acquire U.S. citizenship and legal residency in the country by providing false immigration information and fraudulent documents ( Operation ghost stories: Inside the russian spy case 2011). So, on paper, yes some were considered dual citizenship holders, although illegally obtained under false pretenses and fraudulent means. With questions about the validity of citizenship coupled with the long period of the spies resided in the United States, while assimilating to the American way of life American society, the government had to determine whether to pursue charges under U.S. law or through other diplomatic means. In the end, the U.S. government decided to pursue the diplomatic route and initiated the spy swap (Rfe/rl, 2020). B. How does this information affect the United States’ ability to apprehend and charge the criminal? Although there were many complexities in obtaining the true identification of the spies, this did not necessarily affect the government and more

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