IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA, )
)
Plaintiff, ) CRIMINAL NO. 99-1417
) 42 U.S.C. � 2276: Tampering,
vs. ) Altering, Concealing and Removing
) Restricted Data, 42 U.S.C.� 2275;
WEN HO LEE, ) Receipt of Restricted Data; 18 U.S.C.
) � 793(c): Unlawful Gathering of National
Defendant. ) Defense Information; 18 U.S.C.�
) 793(e): Unlawful Retention of National
) Defense Information.
)
INDICTMENT
The Grand Jury charges:
GENERAL ALLEGATIONS:
I. INTRODUCTION
1. Los Alamos National Laboratory (LANL) is a facility managed and funded
by the United States Department of Energy and operated by the University of
California. LANL is responsible for the research, design, development and safe
stewardship for approximately 85% of the U.S. nuclear arsenal. LANL is located
within the State and District of New Mexico.
2. The X Division at LANL has responsibility for the research, design and
development of thermonuclear weapons in the U.S. nuclear arsenal. The X
Division shares the highest level of security of any division at LANL.
3. The defendant WEN HO LEE resides in New Mexico. Between 1980 and
December 23, 1998, WEN HO LEE was assigned to the X Division at LANL as a
hydrodynamicist/engineer. While employed at LANL in the X Division, defendant
WEN HO LEE held a Q clearance, which allowed WEN HO LEE access to Top Secret
information and Restricted Data information. On December 23, 1998, the
defendant WEN HO LEE, was transferred from the X Division to an unclassified
area within another division at LANL. Defendant WEN HO LEE's employment at
LANL was terminated on March 8, 1999.
II. RESTRICTED DATA
4. The term "Restricted Data" means all data concerning: (1) the design,
manufacture or utilization of atomic weapons: (2) the production of special
nuclear material; or (3) the use of special nuclear material in the production
of energy. 42 U.S.C.� 2014(y).
5. Secret Restricted Data (SRD) denotes information that is classified
"secret" within the category of Restricted Data. SRD is applied to information
the unauthorized disclosure of which reasonably could be expected to cause
serious damage to national security. SRD information is the most closely
guarded level and category of information that is routinely used within the X
Division at LANL.
6. Confidential Restricted Data (CRD) denotes information that is
classified "confidential" within the category of Restricted Data. CRD is
applied to information the unauthorized disclosure of which reasonably could
be expected to cause damage to national security.
III. LEE'S REPRESENTATIONS REGARDING CLASSIFIED INFORMATION
NON-DISCLOSURE
7. On June 28, 1987, the defendant WEN HO LEE signed a statement
representing to the United States that:
a. Intending to be legally bound, I (defendant WEN HO LEE) hereby accept
the obligations contained in this Agreement in consideration of my being
granted access to classified information. As used in this Agreement,
classified information is information that is classified under the standards
of Executive Order 12356, or under any other Executive Order or statute that
prohibits the unauthorized disclosure of information in the interest of
national security. I (defendant WEN HO LEE) understand and accept that by
being granted access to classified information, special confidence and trust
shall be placed in me by the United States Government.
b. I (defendant WEN HO LEE) hereby acknowledge that I (defendant WEN HO
LEE) have received a security indoctrination concerning the nature and
protection of classified information, including the procedures to be
followed in ascertaining whether other persons to whom I (defendant WEN HO
LEE) contemplate disclosing this information have been approved for access
to it, and that I (defendant WEN HO LEE) understand these procedures.
c. I (defendant WEN HO LEE) have been advised and am aware that direct or
indirect unauthorized disclosure, unauthorized retention, or negligent
handling of classified information by me could cause irreparable injury to
the United States or could be used to advantage by a foreign nation. I
(defendant WEN HO LEE) hereby agree that I (defendant WEN HO LEE) will never
divulge such information unless I (defendant WEN HO LEE) have officially
verified that the recipient has been properly authorized by the United
States Government to receive it or I (defendant WEN HO LEE) have been given
prior written notice of authorization from the United States Government
Department or Agency (hereinafter Department or Agency) responsible for the
classification of the information that such disclosure is permitted. I
(defendant WEN HO LEE) further understand that I (defendant WEN HO LEE) am
obligated to comply with laws and regulations that prohibit the unauthorized
disclosure of classified information.
d. I (defendant WEN HO LEE) have been advised and am aware that any
breach of this Agreement may result in the termination of any security
clearances I (defendant WEN HOLEE) hold and removal from any position of
special confidence and trust requiring such clearances. In addition, I
(defendant WEN HO LEE) have been advised and am aware that any unauthorized
disclosure of classified information by me may constitute a violation, or
violations, of United States criminal laws, including the provision of
Sections 641, 793, 794, and 798, Title 18 United States Code, and the
provisions of the Intelligence Identities Protection Act of 1982. I
(defendant WEN HO LEE) recognize that nothing in this Agreement constitutes
a waiver by the United States of the right to prosecute me for any statutory
violation.
e. I (defendant WEN HO LEE) understand that all classified information to
which I (defendant WEN HO LEE) may obtain access by signing this Agreement
is now and will forever remain the property of the United States Government.
I (defendant WEN HO LEE) do not now, nor will I (defendant WEN HO LEE) ever,
possess any right, interest, title, or claim whatsoever to such information.
I (defendant WEN HO LEE) agree that I (defendant WEN HO LEE) shall return
all materials which have, or may have, come into my possession or for which
I (defendant WEN HO LEE) am responsible because of such access, upon demand
by an authorized representative of the United States Government or upon the
conclusion of my employment or other relationship that requires access to
classified information. If I (defendant WEN HO LEE) do not return such
materials upon request, I (defendant WEN HO LEE) understand that this may be
a violation of Section 793, Title 18, United States Code, a United States
criminal law.
f. Unless and until I (defendant WEN HO LIE) am released in writing by an
authorized representative of the United States Government, I (defendant WEN
HO LEE) understand that all conditions and obligations imposed upon me by
this Agreement apply during the time I (defendant WEN HO LEE) am granted
access to classified information, and at all times thereafter.
8. On April 19,1995, defendant WEN HO LEE signed a statement
representing to the United States that he understood that:
a. No classified information or computing was allowed on the X Division
open LAN (local area network), i.e., the unclassified, open partition.
b. As a LANL computer user, he had responsibility for ensuring that
information, especially sensitive information, was properly protected.
IV. THE LANL COMPUTING SYSTEM
9. At all times material to this indictment, the LANL computing environment
utilized, in part, "Cray" large mainframe computers and "Sun" workstations to
perform most of the computational work to design and simulate nuclear weapons.
10. At all times material to this indictment, the computing environment and
architecture at LANL consisted of four security partitions, with each
partition having an assigned associated color. The four partitions were the
Open (green), the Administrative (blue), the National Security (yellow), and
the Secure (red). The use of the words "green"and "red" corresponded to the
Open and Secure partitions. The Open partition was utilized only for
unclassified computing, and users were not required to have a security
clearance. The Secure partition allowed both classified and unclassified
computing, but only by personnel with Q clearances. Multiple computers
serviced each security partition.
11. The Common File System (CFS), as it existed at all times prior to 1995,
was a single archival data storage system which spanned the partitions. From
1995 to the present, CFS existed with an Open (green) system and a Secure
(red) system on separate networks. At all times material to this indictment,
CFS functioned as a hierarchical system, allowing lower classification level
work to be performed in higher security partitions while preventing files with
higher classification levels from being accessed or utilized on the Open
partition.
12. At all times material to this indictment, all CFS files and directories
were given a partition designation, i.e., either red, blue, yellow or green.
The security partitions relevant to this indictment were red and green. Red
files could exist only in red directories, but green files could exist in both
red and green directories. Every file stored in CFS was assigned a security
classification level.
13. Green files could be accessed from the red partition, or even
up-partitioned to red files, to compute using unclassified data on classified
machines. After the computing utilizing the unclassified data in the red
partition was completed, the unclassified results of the computation could
legitimately be transferred to the open network, down-partitioning the
unclassified files to green if necessary.
14. The action of down-partitioning a file could only be executed from a
red partition machine. It was the responsibility of the Q-cleared user to
verify that a file contained only unclassified material before
down-partitioning the file. Files could be down-partitioned only after a
Q-cleared user designated and marked the file as unclassified.
Down-partitioning files and subsequently moving them into a lower partition
were legitimate actions, but only if the files did not contain classified
material.
V. NUCLEAR WEAPONS TERMINOLOGY
15. The following glossary defines terms used in the X Division at LANL at
all times material to this indictment:
a. A "Source Code" is the human readable set of instructions that can be
given to a computer to perform a calculation simulating a physical event. LANL
source codes are usually written in a "high level language" and are then
translated into instructions to be acted on directly by the computer. The
physics packages within a source code address matters such as detonation, high
explosive burn, hydrodynamics, radiation transport, neutron transport,
thermonuclear burn, and weapon aging and degradation. Thermonuclear weapon
design source codes model and simulate events which closely resemble test data
from past nuclear weapons tests.
b. An "Input Deck/Input File" is a set of instructions read by a computer
to set up a nuclear weapon to be simulated. An input deck/input file typically
contains exact dimensions and other geometrical information about a particular
nuclear weapon at initial time (before detonation). It also typically includes
information about the materials and the initial conditions of those materials
for a particular nuclear weapon.
c. "Contour" is the information that describes the size and shape of the
components of a nuclear weapon.
d. "Data Files" contain information relating to the physical and
radioactive properties of materials at different temperatures and densities.
Data files include equation of state, neutron cross section, and opacity
information.
e. "Equation of State" (EOS) is a set of data that describes how materials
will react in given temperature and density environments. EOS tables correlate
the pressure and energy of a material as a function of temperature and
density.
f. "Neutron Cross Section" is a set of data that describes how likely a
material in a given environment is to interact with a neutron. For example,
neutrons can be absorbed, can trigger a fission event, and can deposit energy.
Neutron cross section tables correlate information of how likely a material is
to interact with a neutron as a function of neutron energy.
g. "Opacity" is information that describes how likely a material in a given
environment is to interact with radiation. Opacity tables correlate
information of how likely a material will absorb radiation as a function of
temperature and density.
h. A "Primary" is the first stage of a nuclear weapon. The Primary uses
chemical high explosives and nuclear materials to start a nuclear reaction
that produces sufficient energy to drive the Secondary stage.
i. A "Secondary" is the second stage of a nuclear weapon. The Secondary
uses the energy produced by the Primary to trigger a thermonuclear burn
(nuclear fusion reaction). It is this thermonuclear burn that drives the
ultimate destructive force of the nuclear weapon.
VI. DESCRIPTION OF SRD FILES THAT DEFENDANT WEN HO LEE MOVED FROM THE
SECURE PARTITION TO THE OPEN PARTITION
16. Between a date certain in 1993 and a date certain in 1994, the
defendant WEN HO LEE collected SRD and CRD material contained in classified
files that existed on the Secure network, assembled the SRD and CRD material
into TAR files (a "TAR File" is an archive file and constitutes a "container
file" in which groups of other files are collected at the direction of the
file creator), and then transferred the SRD and CRD TAR files to one of
defendant WEN HO LEE's Open green directories on the CFS within the green
partition. Alternatively, defendant WEN HO LEE transferred some files from red
to green partitions, and then assembled the TAR file in the open network on a
green machine, and later saved it to the green CFS.
17. . The specific transfer of classified files from the Secure red
partition to the Open green partition was usually accomplished by defendant
WEN HO LEE as follows:
a. Defendant WEN HO LEE collected and saved SRD and CRD TAR files in his
red directories within the red partition;
b. Defendant WEN HO LEE designated and marked the SRD and CRD TAR files
which he had previously saved in his red directory as unclassified;
c. Defendant WEN HO LEE down-partitioned SRD and CRD files;
d. Defendant WEN HO LEE saved the SRD and CRD TAR files on his Open green
CFS directories and then usually deleted the SRD and CRD TAR files (interim
versions marked as unclassified) that he had previously saved on his red
directory.
e. In some cases, defendant WEN HO LEE assembled some of the TAR files on
an open machine after he had transferred classified material from the red to
the green partition; defendant WEN HO LEE then saved the TAR file to one of
his green partition CFS directories.
18. The specific TAR files created by defendant WEN HO LEE and
transferred from the Secure red partition to the Open green partition, or
assembled in the Open green partition after transfer from the Secure red
partition, are identified as follows:
File 1 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains the most current source
Code at that time for a Cray version of a Secondary nuclear design code
(designated in this indictment as source Code A). This TAR file also contains
the library routines used by Code A to access opacity data files (designated
in the indictment as DATA 8). The unauthorized disclosure of this TAR file
reasonably could be expected to result in serious damage to U. S. national
security.
File 2 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains the source code for a
Sun workstation version of Code A from 1994. It also contains input decks to
set up SRD test problems. The Sun version of Code A is different from the Cray
version of the code in that it does not contain all the physics models of the
Cray version. However, the Sun version is usable "as is" on Sun workstations.
The unauthorized disclosure of this TAR file reasonably could be expected to
result in serious damage to U.S. national security.
File 3 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains eight Secondary and
Primary input decks for Code A. The input decks contained in this TAR file are
varied and have specific weapon details. The unauthorized disclosure of this
TAR file reasonably could be expected to result in serious damage to U.S.
national security.
File 4 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains a complete Secondary
nuclear design source code which was a predecessor to Code A (referred to in
this indictment as source Code D); the complete unclassified source code for a
bomb analysis tool used to compare bomb test results with predicted calculated
results (referred to in this indictment as source Code C); SRD EOS parameter
files; 23 input decks for Primary nuclear devices; and a complete Primary
nuclear device source code (referred to in this indictment as source Code F).
The unauthorized disclosure of this TAR file reasonably could be expected to
result in serious damage to U.S. national security.
File 5 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains classified and
unclassified EOS and opacity data files used in nuclear weapon design codes.
The data are in American Standard Code for Information Interchange (ASCII)
format, which means they can be easily translated to any computer system. The
unauthorized disclosure of this TAR file reasonably could be expected to
result in serious damage to U.S. national security.
File 6 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains one Primary input deck,
one Secondary test problem, and one Secondary design test problem designed to
run on a source code which was developed to test high energy radiation
transport (referred to in this indictment as source Code G), dating from 1994.
The unauthorized disclosure of this TAR file reasonably could be expected to
result in serious damage to U.S. national security.
File 7 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains classified EOS and
opacity data files. This TAR file also contains the neutron cross section data
files. The unauthorized disclosure of this TAR file reasonably could be
expected to result in serious damage to U.S. national security.
File 8 Level: Confidential Category: Restricted Data
This TAR file represents CRD material and contains the Cray source code
(referred to in this indictment as source Code H) for a computer code dating
from 1993 that can be used to perform Primary implosion studies. The
unauthorized disclosure of this TAR file reasonably could be expected to
result in damage to U.S. national security.
File 9 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains four input decks for a
class of Primary devices for Code H, an input deck for Code C, and an Input
deck for a Primary yield source code (referred to as source Code K). The
unauthorized disclosure of this TAR file reasonably could be expected to
result in serious damage to U.S. national security.
File 10 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains 20 files, 19 of which
are themselves TAR files and one file which is described above in File 1. The
19 TAR files contain various versions of some of the Code A library codes: the
input library, the memory management libraries, the graphics library, and the
libraries of source codes Band E. The library files date from 1992 to 1994.
These libraries supply essential functions required by Code A for it to
perform. The unauthorized disclosure of this TAR file reasonably could be
expected to result in serious damage to U.S. national security.
File 11 Level: Confidential Category: Restricted Data
This TAR file represents CRD material and contains the Cray source code for
Code H, dating from 1993. Code H is a code that can be used for Primary
implosion studies. The unauthorized disclosure of this TAR file could result
in damage to U.S. national security.
File 12 Level: Confidential Category: Restricted Data
This TAR file contains twenty-five sub-files. Twenty-two sub-files are
unclassified. The remaining three files represent CRD material and contain
graphics images from simulations of a Primary nuclear device. The unauthorized
disclosure of this TAR file reasonably could be expected to result in damage
to U.S. national security.
File 13 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains the Fortran code for
source code G. This TAR file also contains the Fortran source code for a
library of unclassified routines to access and manipulate equation of state
and opacity physics data. In addition to the Fortran code for G, this archive
contains an index that describes the variables and other data and control
structures of the code. The unauthorized disclosure of this TAR file
reasonably could be expected to result in serious damage to U.S. national
security.
File 14 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains the Fortran source code
for source code G and associated libraries used to compile an executable
version of the code. It also contains source codes for unclassified utility
programs and for a program to link source code G and source code A
calculations. The unauthorized disclosure of this TAR file reasonably could be
expected to result in serious damage to U.S. national security.
File 15 Level: Confidential Category: Restricted Data
This TAR file contains fifty-five sub-files. Forty-two sub-files are
unclassified explosively-formed penetrator contours, test problems and
simulations. Thirteen sub-files represent CRD material and contain the
contours and input file yield calculations for a class of Primary nuclear
devices. The unauthorized disclosure of this TAR file reasonably could be
expected to result in damage to U.S. national security.
File 16 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains the entire source code
which is used to calculate the nuclear yield of a Primary device (referred to
as Code K). Code K contains normalization factors to actual experimentally
tested weapons systems. The unauthorized disclosure of this TAR file
reasonably could be expected to result in serious damage to U.S. national
security.
File 17 Level: Secret Category: Restricted Data
This TAR file contains twelve sub-files. Ten sub-files contain unclassified
information. One sub-file represents CRD material and contains an Input deck
for a class of Primary nuclear devices. One sub-file represents SRD material
and contains descriptions of a class of Primary nuclear devices. The
unauthorized disclosure of this TAR file reasonably could be expected to
result in serious damage to U.S. national security.
File 18 Level: Secret Category: Restricted Data
This TAR file represents SRD material and contains eighty-two sub-files.
Within the sub-files is the complete source code for a Primary weapon design
code (referred to as Code I) and for required library routines to compile and
run Code I. The TAR file also contains Primary nuclear device input decks for
Code I and for Code B. This TAR file also contains link files that assimilate
designs produced by Code I and Code B. The unauthorized disclosure of. this
TAR file reasonably could be expected to result in serious damage to U.S.
national security.
File 19 Level: Secret Category: Restricted Data
This is a TAR file containing fourteen sub-files. Within the sub-files are
two Secret Restricted Data files. Specifically one sub-file contains an SRD
EOS data file; the other sub-file contains an SRD opacity data file. The
unauthorized disclosure of this TAR file reasonably could be expected to
result in serious damage to U. S. national security.
VII. DEFENDANT WEN HO LEE'S DELETIONS OF SRD AND CRD TAR FILES ON THE
OPEN SYSTEM
19. Between January 20, 1999 and February 10, 1999, the defendant WEN HO
LEE deleted over 360 files that he had maintained in his green partition
directories on the Open CFS. Within the deleted files were the 19 previously
designated SRD and CRD TAR files that the defendant WEN HO LEE had moved from
the Secure red partition to the Open green partition, or assembled on the Open
green partition after transfer from the Secure red partition, between a date
certain in 1993 and a date certain in 1994.
VIII. DEFENDANT WEN HO LEE'S DOWNLOADING OF SRD MATERIAL ONTO 150
MEGABYTE CASSETTE CARTRIDGES
20. At times certain between a date certain in 1993 and a date certain in
1994, the defendant WEN HO LEE downloaded SRD and CRD information on to
portable 150 megabyte 6150 tape cartridges. Specifically, defendant WEN HO LEE
downloaded what has previously been identified as TAR File 19 on to a 6150
tape (hereinafter referred to as Tape B); defendant WEN HO LEE downloaded TAR
Files 4 and 18 on to a 6150 tape (hereinafter referred to as Tape C);
defendant WEN HO LEE downloaded TAR Files 8, 9, 16, and 17 an to a 6150 tape
(hereinafter referred to as Tape D); defendant WEN HO LEE downloaded TAR Files
12 and 16 on to a 6150 tape (hereinafter referred to as Tape G); defendant WEN
HO LEE downloaded TAR Files 9,11, and 16 on to a 6150 tape (hereinafter
referred to as Tape F); defendant WEN HO LEE downloaded TAR Files 2, 3 and 7
on to a 6150 tape (hereinafter referred to as Tape H); defendant WEN HO LEE
downloaded TAR file 5 on to a 6150 tape (hereinafter referred to as Tape K);
defendant WEN HO LEE downloaded TAR File 14 on to a 6150 tape (hereinafter
referred to as Tape L); defendant WEN HO LEE downloaded TAR Files 6 and 13 on
to a 6150 tape (hereinafter referred to as Tape M).
21. On a date certain in 1997, defendant WE HO LEE downloaded SRD
information that had not previously been transferred from the Secure to the
Open system and placed the SRD information on to a 6150 tape (hereinafter
referred to as Tape N). The information contained on Tape N is identified as
follows:
Tape N Level: Secret Category: Restricted Data
This tape Contains several SRD source codes and input docks. The first TAR
file contains the complete source code for the current version of the most
up-to-date Primary weapon design code (hereinafter referred to as Code B.) The
second TAR file contains the complete source code for the auxiliary libraries
used by Code B. The third file is a binary file which contains an EOS table,
which was developed in 1997, for a special material used in a specific Primary
design. The fourth file is an input file used by Code B to produce output for
comparison with experimental implosion data. The fifth file is an input file
for Code B to set up and simulate a specific modern Primary device. The sixth
file is an input file for a utility code which allows the user to compare the
calculated results with the experimental data (hereinafter referred to as Code
C). This input file contains both experimental data and Code B simulation
results for a specific modern Primary device.
22. Tapes B, C, D, F, G, H. K, L, M and N all contain Restricted Data at
either the Secret or Confidential level, and their unauthorized disclosure
could reasonably be expected to result in either serious damage or damage to
U.S. national security. Defendant WEN HO LEE at some time removed and
possessed Tapes B, C, D, F, G. H, K, L, and M outside the secure environment
within LANL. As of the date of this indictment, Tapes D, F, H, K, L, M and N
are unaccounted for.
COUNT 1
23. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
24. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 1 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 2
25. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
26. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 2 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with the research and development relating
to atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 3
27. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
28. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 3 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 4
29. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
30. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 4 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 5
31. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
32. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 5 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National laboratory in connection with the research and development relating
to atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 6
33. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
34. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 6 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.G. � 2276.
COUNT 7
35. The grand jury realleges and incorporates paragraphs 1-22 of the
General Allegations.
36. On a date certain in 1994, in the State anc District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States. and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 7 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 8
37. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
38. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 8 as previously described in this Indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 9
39. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
40. On a date certain In 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 9 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 10
41. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
42. On a date certain in 1994, in the State an District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 10 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 11
43. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
44. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 11 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 12
45. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
46. On a date certain in 1994. in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document. writing, plan, and model, to wit: the information
contained in File 12 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 13
47. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
48. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 13 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 14
49. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
50. On a date certain in 1994, in the State and district of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered.
and concealed a document, writing, plan, and model, to wit: the information
contained in File 14 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with the research and development relating
to atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C. � 2276.
COUNT 15
51. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
52. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 15 as previously described in this indictment. involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C. � 2276.
COUNT 16
53. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
54. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 16 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C. � 2276.
COUNT 17
55. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
56. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in file 17 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 18
57. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
58. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered with, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 18 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In Violation of 42 U.S.C.� 2276.
COUNT 19
59. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
60. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, tampered wih, altered,
and concealed a document, writing, plan, and model, to wit: the information
contained in File 19 as previously described in this indictment, involving and
incorporating Restricted Data, which was used by scientists at Los Alamos
National Laboratory in connection with research and development relating to
atomic energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 20
61. The grand jury realleges and incorporates paragraphs 1-22 of the
General Allegations.
62. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, removed a document,
writing, plan, and model, to wit: the information contained on Tape 8 as
previously described in this indictment, involving and incorporating
Restricted Data which was used by scientists at Los Alamos National Laboratory
in connection with research and development relating to atomic energy
conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 21
63. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
64. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, removed a document,
writing, plan, and model, to wit: the information contained on Tape C as
previously described in this indictment, involving and incorporating
Restricted Data, which was used by scientists at Los Alamos National
Laboratory in connection with research and development relating to atomic
energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 22
65. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
66. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, removed a document,
writing, plan, and model, to wit: the information contained on Tape D as
previously described in this indictment, involving and incorporating
Restricted Data which was used by scientists at Los Alamos National Laboratory
in connection with research and development relating to atomic energy
conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 23
67. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
68. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, removed a document,
writing, plan, and model, to wit: the information contained on Tape G as
previously described in this indictment, involving and incorporating
Restricted Data, which was used by scientists at Los Alamos National
Laboratory in connection with research and development relating to atomic
energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 24
69. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
70. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, removed a document,
writing, plan, and model, to wit: the information contained on Tape F as
previously described in this indictment, involving and incorporating
Restricted Data, which was used by scientists at Los Alamos National
Laboratory in connection with research and development relating to atomic
energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 25
71. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
72. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, removed a document,
writing, plan, and model, to wit: the information contained on Tape H as
previously described in this indictment, involving and incorporating
Restricted Data, which was used by scientists at Los Alamos National
Laboratory in connection with research and development relating to atomic
energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C. � 2276.
COUNT 26
73. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
74. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States. and with
the intent to secure an advantage to a foreign nation, removed a document,
writing, plan, and model, to wit: the information contained on Tape K as
previously described in this indictment, involving and incorporating
Restricted Data, which was used by scientists at Los Alamos National
Laboratory in connection with research and development relating to atomic
energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 27
75. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
76. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, removed a document,
writing, plan, and model, to wit: the information contained on Tape L as
previously described in this indictment, involving and incorporating
Restricted Data, which was used by scientists at Los Alamos National
Laboratory in connection with research and development relating to atomic
energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 28
77. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
78. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, removed a document,
writing, plan, and model, to wit: the information contained on Tape M as
previously described in this indictment, involving and incorporating
Restricted Data, which was used by scientists at Los Alamos National
Laboratory in connection with research and development relating to atomic
energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C. � 2276.
COUNT 29
79. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
80. On a date certain in 1997, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, removed a document,
writing, plan, and model, to wit: the information contained on Tape N as
previously described in this indictment, involving and incorporating
Restricted Data, which was used by scientists at Los Alamos National
Laboratory in connection with research and development relating to atomic
energy conducted by the United States and financed by federal funds.
In violation of 42 U.S.C.� 2276.
COUNT 30
81. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
82. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, acquired and attempted
to acquire a document, writing, plan, and information, to wit: the files
contained an Tape B as previously described in this indictment, involving and
incorporating Restricted Data.
In violation of 42 U.S.C.� 2275.
COUNT 31
83. The grand Jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
84. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, acquired and attempted
to acquire a document, writing, plan, and information, to wit: the files
contained on Tape C as previously described in this indictment, involving and
incorporating Restricted Data.
In violation of 42 U.S.C.� 2275.
COUNT 32
85. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
86. On a date certain in 1993, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, acquired and attempted
to acquire a document, writing, plan, and information, to wit: the files
contained on Tape D as previously described in this indictment, involving and
incorporating Restricted Data.
In Violation of 42 U.S.C.� 2275.
COUNT 33
87. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
88. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, acquired and attempted
to acquire a document, writing, plan, and information, to wit the files
contained on Tape G as previously described in this indictment, involving and
incorporating Restricted Data.
In violation of 42 U.S.C.� 2275.
COUNT 34
89. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
90. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, acquired and attempted
to acquire a document, writing, plan, and information, to wit: the files
contained on Tape F as previously described in this indictment, involving and
incorporating Restricted Data.
In violation of 42 U.S.C.� 2275.
COUNT 35
91. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
92. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, acquired and attempted
to acquire a document, writing, plan, and information, to wit: the files
contained on Tape H as previously described in this indictment, involving and
incorporating Restricted Data.
In violation of 42 U.S.C.� 2275.
COUNT 36
93. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
94. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, acquired and attempted
to acquire a document, writing, plan, model, and information, to wit: the
files contained on Tape K as previously described in this indictment,
involving and incorporating Restricted Data.
In violation of 42 U.S.C.� 2275.
COUNT 37
95. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
96. On a date certain in. 1994, in the State and District of New Mexico,
the defendant WEN HO LEE, with the intent to injure the United. States, and
with the intent to secure an advantage to a foreign nation, acquired arid
attempted to acquire a document, writing, plan, model, and information, to
wit: the files contained on Tape L as previously described in this indictment,
involving and incorporating Restricted Data.
In violation of 42 U.S.C.� 2275.
COUNT 38
97. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
98. On a date certain in 1994, in the State and District of New Mexico, the
defendant WEN HO LEE, with the intent to injure the United States, and with
the intent to secure an advantage to a foreign nation, acquired arid attempted
to acquire a document, writing, plan, and information, to wit: the files
contained on Tape M as previously described in this indictment, involving and
incorporating Restricted Data.
In violation of 42 U.S.C.� 2275.
COUNT 39
99. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
100. On a date certain in 1997, in the State and District of New Mexico,
the defendant WEN HO LEE, with the intent to injure the United States, and
with the intent to secure an advantage to a foreign nation, acquired arid
attempted to acquire a document, writing, plan, and information, to wit: the
files contained on Tape N as previously described in this indictment,
involving and incorporating Restricted Data.
COUNT 40
101. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
102. On a date certain in 1993, in the State and District of New Mexico,
the defendant WEN HO LEE, for the purpose of obtaining information respecting
the national defense, unlawfully obtained documents and writings connected
with the national defense, to wit: the Secret Restricted Data contained in
what was previously described in this indictment as File 19, all of which was
gathered on a portable 6150 tape [Tape B], knowing and having reason to
believe at the time he obtained Tape B, that Tape B would be retained and not
delivered to an officer and employee of the United States entitled to receive
Tape B, contrary to the provisions of 18 U.S.C. .� 793(e).
In violation of 18 U.S.C.� 793(c).
COUNT 41
103. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
104. On a date certain in 1993, in the State and District of New Mexico,
the defendant WEN HO LEE, for the purpose of obtaining information respecting
the national defense, unlawfully obtained documents and writings connected
with the national defense, to wit: the Secret Restricted Data contained in
what was previously described in this indictment as Files 4 and 18, all of
which was gathered on a portable 6150 tape (Tape C), knowing and having reason
to believe at the time he obtained Tape C, that Tape C would be retained and
not delivered to an officer and employee of the United States entitled to
receive Tape C, contrary to the provisions of 18 U S.C.� 793(e).
In violation of 18 U.S.C.� 793(c).
COUNT 42
105. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
106. On a date certain in 1993, in the State and District of New Mexico,
the defendant WEN HO LEE, for the purpose of obtaining information respecting
the national defense, unlawfully obtained documents and writings connected
with the national defense, to wit: the Secret Restricted Data contained in
what was previously described in this indictment as Files 9, 16 and 17 and the
Confidential Restricted Data contained in what was previously described in
this indictment as File 8, all of which was gathered on a portable 6150 tape
[Tape D], knowing and having reason to believe at the time he obtained Tape D,
that Tape D would be retained and not delivered to an officer and employee of
the United States entitled to receive Tape D, contrary to the provisions of 18
U.S.C. � 793(e).
In violation of 18 U.S.C.� 793(c).
COUNT 43
107. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
108. On dates certain in 1993 and 1994, in the State and District of New
Mexico, the defendant WEN HO LEE, for the purpose of obtaining information
respecting the national defense, unlawfully obtained documents and writings
connected with the national defense, to wit: the Confidential Restricted Data
contained in what was previously described in this indictment as Files 12 and
15, all of which was gathered on a portable 6150 tape [Tape G], knowing and
having reason to believe at the time he obtained Tape G, that Tape G would be
retained and not delivered to an officer and employee of the United States
entitled to receive Tape G, contrary to the provisions of 18 U.S.C.� 793(e).
In violation of 18 U.S.C.� 793(c).
COUNT 44
109. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
110. On dates certain in 1993 and 1994, In the State and District of New
Mexico, the defendant WEN HO LEE, for the purpose of obtaining information
respecting the national defense, unlawfully obtained documents and writings
connected with the national defense, to wit: the Secret Restricted Data
contained in what was previously described in this indictment as File 9, and
the Confidential Restricted Data contained in what was previously described in
this indictment as Files 11 and 15, all of which was gathered on a portable
6150 tape [Tape F], knowing and having reason to believe at the time he
obtained Tape F, that Tape F would be retained and not delivered to an officer
and employee of the United States entitled to receive Tape F, contrary to the
provisions of 18 U.S.C.� 793(e).
In violation of 18 U.S.C. � 793(c).
COUNT 45
111. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
112. On a date certain in 1994,. in the State and District of New Mexico,
the defendant WEN HO LEE, for the purpose of obtaining information respecting
the national defense, unlawfully obtained documents and writings connected
with the national defense, to wit: the Secret Restricted Data contained in
what was previously described in this indictment as Files 2, 3, and 7, all of
which was gathered on a portable 6150 tape [Tape H], knowing and having reason
to believe at the time he obtained Tape H, that Tape H would be retained and
not delivered to an officer and employee of the United States entitled to
receive Tape H, contrary to the provisions, of 18 U.S.C. � 793(e).
In violation of 18 U.S.C.� 793(c).
COUNT 46
113. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
114. On a date certain in 1994, in the State and District of New Mexico,
the defendant WEN HO LEE, for the purpose of obtaining information respecting
the national defense, unlawfully obtained documents and writings connected
with the national defense, to wit: the Secret Restricted Data contained in
what was previously described in this indictment as File 5, all of which was
gathered on a portable 6150 tape [Tape K], knowing and having reason to
believe at the time he obtained Tape K, that Tape K would be retained and not
delivered to an officer and employee of the United States entitled to receive
Tape K, contrary to the provisions of 18 U.S.C. � 793(e).
In violation of 18 U.S.C. � 793(c).
COUNT 47
115. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
116. On a date certain in 1994, in the State and District of New Mexico,
the defendant WEN HO LEE, for the purpose of obtaining information respecting
the national defense, unlawfully obtained documents and writings connected
with the national defense, to wit: the Secret Restricted Data contained in
what was previously described in this indictment as File 14, all of which was
gathered on a portable 6150 tape [Tape L], knowing and having reason to
believe at the time he obtained Tape L, that Tape L would be retained and not
delivered to an officer and employee of the United States entitled to receive
Tape L, contrary to the provisions of 18 U.S.C. � 793(e).
In violation of 18 U.S.C.� 793(c).
COUNT 48
117. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
118. On a date certain in 1994, in the State and District of New Mexico,
the defendant WEN HO LEE, for the purpose of obtaining information respecting
the national defense, unlawfully obtained documents and writings connected
with the national defense, to wit: the Secret Restricted Data contained in
what was previously described in this indictment as Files 6 and 13, all of
which was gathered on a portable 6150 tape [Tape M], knowing and having reason
to believe at the time he obtained Tape M, that Tape M would be retained and
not delivered to an officer and employee of the United States entitled to
receive Tape M, contrary to the provisions of 18 U.S.C. � 793(e).
In violation of 18 U.S.C.� 793(c).
COUNT 49
119. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
120. On a date certain in 1997. in the State and District of New Mexico,
the defendant WEN HO LEE, for the purpose of obtaining information respecting
the national defense, unlawfully obtained documents and writings connected
with the national defense, to wit the Secret Restricted Data which was
previously described in paragraph 21 of this indictment, all of which was
gathered on a portable 6150 tape [Tape N], knowing and having reason to
believe at the time he obtained Tape N, that Tape N would be retained and not
delivered to an officer and employee of the United States entitled to receive
Tape N, contrary to the provisions of 18 U.S.C. � 793(e).
In violation of 18 U.S.C.� 793(c).
COUNT 50
121. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
122. On a date certain in 1993 through on or about March, 1999, in the
State and District of New Mexico, the defendant WEN HO LEE, having
unauthorized possession of, access to, and control over documents and writings
relating to the national defense, to wit: the Restricted Data which had been
gathered on to Tape B, did willfully retain and failed to deliver Tape B to an
officer and employee of the United States entitled to receive Tape B.
In Violation of 18 U.S.C.� 793(e).
COUNT 51
123. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
124. On a date certain in 1993 through on or about March, 1999, in the
State and District of New Mexico, the defendant WEN HO LEE, having
unauthorized possession of, access to, and control over documents and writings
relating to the national defense, to wit: the Restricted Data which had been
gathered on to Tape C, did willfully retain and failed to deliver Tape C to an
officer and employee of the United States entitled to receive Tape C.
In violation of 18 U.S.C.� 793(e).
COUNT 52
125. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
126. On a date certain in 1993 through on or about the date of the
indictment, in the State and District of New Mexico, the defendant WEN HO LEE,
having unauthorized possession of, access to, and control over documents and
writings relating to the national defense, to wit: the Restricted Data which
had been gathered on to Tape D, did willfully retain and failed to deliver
Tape D to an officer and employee of the United States entitled to receive
Tape D.
In violation of 18 U.S.C.� 793(e).
COUNT 53
127. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
128. On dates certain in 1993 and 1994 through on or about March, 1999, in
the State and District of New Mexico, the defendant WEN HO LEE, having
unauthorized possession of, access to, and control over documents and writings
relating to the national defense, to wit: the Restricted Data which had been
gathered on to Tape G, did willfully retain and failed to deliver Tape G to an
officer and employee of the United States entitled to receive Tape G.
In violation of 18 U.S.C.� 793(e).
COUNT 54
129. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
130. On a date certain in 1994 through on or about the date of the
indictment, in the State and District of New Mexico, the defendant WEN HO LEE,
having unauthorized possession of, access to, and control over documents and
writings relating to the national defense, to wit: the Restricted Data which
had been gathered on to Tape F, did willfully retain and failed to deliver
Tape F to an officer and employee of the United States entitled to receive
Tape F.
In violation of 18 U.S,C. � 793(e).
COUNT 55
131. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
132. On a date certain in 1994 through on or about the date of the
indictment, in the State and District of New Mexico, the defendant WEN HO LEE,
having unauthorized possession of, access to, and control over documents and
writings relating to the national defense, to wit: the Restricted Data which
had been gathered on to Tape H, did willfully retain and failed to deliver
Tape H to an officer and employee of the United States entitled to receive
Tape H.
In violation of 18 U.S.C.� 793(e).
COUNT 56
133. The grand jury realleges, and incorporates Paragraphs 1-22 of the
General Allegations.
134. On a date certain in 1994 through on or about the date of the
indictment, in the State and District of New Mexico, the defendant WEN HO LEE,
having unauthorized possession of, access to, and control over documents and
writings relating to the national defense, to wit: the Restricted Dati which
had been gathered on to Tape K, did willfully retain and failed to deliver
Tape K to an officer and employee of the United States entitled to receive
Tape K.
In violation of 18 U.S.C.� 793(e).
COUNT 57
135. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
136. On a date certain in 1994 through on or about the date of the
indictment, in the State and District of New Mexico, the defendant WEN HO LEE,
having unauthorized possession of, access to, and control over documents and
writings relating to the national defense, to wit: the Restricted Data which
had been gathered on to Tape L, did willfully retain and failed to deliver
Tape L to an officer and employee of the United States entitled to receive
Tape L.
In violation of 18 U.S.C. � 793(e).
COUNT 58
137. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
138. On a date certain in 1994 through on or about the date of the
indictment, in the State and District of New Mexico, the defendant WEN HO LEE,
having unauthorized possession of, access to, and control over documents and
writings relating to the national defense, to wit: the Restricted Data which
had been gathered on to Tape M, did willfully retain and failed to deliver
Tape M to an officer and employee of the United States entitled to receive
Tape M.
In violation of 18 U.S.C.� 793(e).
COUNT 59
139. The grand jury realleges and incorporates Paragraphs 1-22 of the
General Allegations.
140. On a date certain in 1997 through on or about the date of the
indictment, in the State and District of New Mexico, the defendant WEN HO LEE,
having unauthorized possession of, access to, and control over documents and
writings relating to the national defense, to wit: the Restricted Data which
had been gathered on to Tape N, did willfully retain and failed to deliver
Tape N to an officer and employee of the United States entitled to receive
Tape N.
In violation of 18 U.S.C. � 793(e).
[signed]
John J. Kelly
United States
Attorney
10 December 1999
