; 1 '"> L. 1 LAURA E. DUFFY United States Attorney MARK W. PLETCHER Assistant U.S. Attorney Colorado Bar No.: 0 0 Front Street, Room San Diego, CA 1 Tel: () - Email: mark.pletcher usdoj.gov ANDREW WEISSMANN Chief, Fraud Section BRIAN R. YOUNG LAWRENCE ATKINSON Trial Attorneys, Fraud Section Criminal Division Tel: (0) 1-1 Email: brian.young usdoj.gov Attorneys for the United States UNITED STATES OF AMERICA, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA -... ~ FILED ~, [~~-moj SO~~~RK U.S. DISTRICT COURT I BY RN DISTRICT OF CAliFORNIA ------------~~~se~dc Case No.: CR00-JLS t' 1 v. MICHAEL VANNAK KHEM MISIEWICZ, Defendant. 0 H---------------- ) 1 The United States Attorney charges: SUPERSEDING INFORMATION Title, U.S.C., Sec. 1- Conspiracy T~ Commit Briberyi Title U.S.C. Sees 01(b) (1) (A) and (C) and 01(b) () (A) and (C) - Bribery of a Public Official 1. From in or about December 01 until in or about September 0, defendant MICAHEL VANNAK KHEM MISIEWICZ was a Commander in the U.S. Navy stationed in Colorado Springs, Colorado. From about January 0 to in or about De~ember 01, MISIEWICZ served as the Deputy Director of Operations for the Commander of the Seventh Fleet aboard the USS Blue Ridge, home-ported in Yokosuka, Japan. From about June
00 to about January 0, MISIEWICZ served at the rank of Commander as the Commanding Officer for the uss Mustin, a forward-deployed Destroyer- class vessel, home-ported in Yokosuka, Japan.. As a Commander in the U.S. Navy, MISIEWICZ was a "public official" within the definition of U.S.C. 0l(a) (1).. As early as June 0, while in command of the USS Mustin, MISIEWICZ first met representatives of Glenn Defense Marine (Asia) ( "GDMA") I a multi-national corporation headquartered in Singapore, with operating locations in several other countries, including Japan, Thailand, Malaysia, Korea, Hong Kong, Indonesia, Australia, 1 Philippines, and the United States. 1 0 1. GDMA's main business involved the "husbanding" of marine vessels, a service it had provided to the u.s. Navy across Asia under various contracts for over years. "Ship husbanding" involved the coordinating, scheduling, and direct and indirect procurement ' of items and services required by ships and submarines when those vessels arrive at port. Examples of these items and services included tugboats; fenders; port authority or customs fees; security; food; fuel; water; trash removal; collection, holding, and transfer of liquid waste ("CHT"); and transportation.. Leonard Glenn Francis ("Francis"), a citizen of Malaysia who resided in Singapore, was the owner, President, and CEO of GDMA.. In or about Summer 0, the U.S. Navy awarded GDMA three contracts to provide husbanding services to U.S. Navy ships and
1 submarines at ports throughout Southeast Asia (Region ), Australia and Pacific Isles (Region ), and East Asia (Region ). Count 1 - Conspiracy To Commit Bribery. From in or about January 0 through in or about September 0, on the high seas and outside the jurisdiction of any particular district, defendant MICHAEL VANNAK KHEM MISIEWICZ ("MISIEWICZ") I a public official, Leonard Glenn Francis, and others (1) knowingly and unlawfully combined, conspired, and agreed to commit bribery, that is, MISIEWICZ, Francis, and others, knowingly agreed that, in return for MISIEWICZ being influenced in the performance of o 1 fficial acts and being induced to do and omit to do acts in violation of his official and lawful duties, as opportunities arose, (a) Francis would directly 1 0 1 and indirectly, corruptly give, offer, and promise things of value to MISIEWICZ, including cash, gifts, travel expenses, entertainment, and the services of prostitutes, and (b) MISIEWICZ would directly and indirectly, corruptly demand, seek, receive, accept, and agree to receive and accept these things of value; and () MISIEWICZ and Francis took overt acts in furtherance of this conspiracy and to effect its unlawful objects, in violation of Title, United States Code, Sections 01(b) (1) (A) and (C) and 01(b) () (A) and (C). OBJECT OF THE CONSPIRACY. It was the object of the conspiracy for MISIEWICZ to demand, receive, and accept things of value from GDMA and Francis, including cash, travel and entertainment expenses, and the services of prostitutes, in return MISIEWICZ would use his position and influence
1 within the U.S. Navy to benefit GDMA, including by providing to Francis and GDMA classified U. S. Navy ship schedules and other proprietary, internal U.S. Navy information. METHODS AND MEANS OF THE CONSPIRACY. In furtherance of this conspi racy, and to accomplish its unlawful object, the following methods and means were used: a. GDMA and Francis would give, offer, and promi se thi ngs of value to or on behalf of MISIEWICZ, including cash, travel and entertainment expenses, and the services of prostitutes. b. MISIEWICZ would demand, seek, receive, accept and agree to receive and accept these things of value from GDMA and Francis. c. In return for things of value, MISIEWICZ would use his position and influence within the U.S. Navy to benefit GDMA, including by providing to Francis and GDMA classified U.S. Navy ship schedules 1 and other prop:r-ietary, internal U. S. Navy information. OVERT ACTS In furtherance of the conspiracy and to effect its unlawful 0 object, the following overt acts, among many others, were committed by 1 defendant and his conspirators: a. On or about February, 0, GMDA and Francis paid for MISIEWICZ,s stay at a luxury hotel in Manila, Philippines as well as for the services of prostitutes while there. b. On or about June, 0, Francis paid the expenses for MISIEWICZ,s vacation, including his round-trip airfare from Japan to
Kuala Lumpur and Cambodia and return to Japan, several nights at a luxury hotel in Kuala Lumpur, and an envelope of local currency. c. On or about July, 0, MISIEWICZ provided Francis with a set of classified ship schedules. 1 1 0 d. On or about August, 0, MISIEWICZ emailed Francis advising that the uss John C. Stennis was adding a day to its port visit to Port Klang, Malaysia, and stating: "See, you ask -- I deliver! LoLl". e. On or about November, 0, Francis arranged and paid for the vacation travel of MISIEWICZ from Japan to Phnom Penh, Cambodia, on to Singapore, and return; MISIEWICZ's mother from Texas to Phnom Penh and Japan, and return; and his brother from Texas to Phnom Penh, and return. This trip included a three-night stay by MISIEWICZ at a luxury hotel in Singapore, paid by Francis. Count - Bribery. Paragraphs 1 through and through of this Superseding Information are hereby re-alleged and incorporated by reference. 1. Beginning in or about January 0, and continuing until in 1 or about September 0, on the high seas and outside any particular district, defendant U.S. Navy Commander MICHAEL VANNAK KHEM MISIEWICZ, a public official, directly and indirectly, corruptly demanded, sought, received, accepted, and agreed to receive and accept things of value from GDMA and Francis, including cash, travel and entertainment expenses and the services of prostitutes, in return for MISIEWICZ being influenced in the performance of official acts, and in return
for MISIEWICZ being induced to do and omit to do acts in violation of 1 his official duties, all i n v i o l ati on of Ti tle 1, United States Code, Sections 01(b) () (A), (C). DATED: January, 01 1 LAURA E. DUFFY United States Attorney MARK W. PLETCHER Assistant U.S. Attorney BRIAN YOUNG LAWRENCE ATKINSON Trial Attorneys, 1 0 1