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CAB113 / United States / POTENTIAL NEUTRALITY ACT VIOLATION (FOLLOW-UP on report STATE 130555)

C O N F I D E N T I A L STATE 130555

SIPDIS

E.O. 12958: DECL: 12/19/2011
TAGS: PGOV PINR MARR ASEC
SUBJECT: POTENTIAL NEUTRALITY ACT VIOLATION (FOLLOW-UP on report STATE 130555)

Classified By: Analyst Jason Duke for reason 1.4 (b) and (d)

Follow-up on movements of subject ARGER, JAMES D. (Ref. FJ-JDS681031)

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1. (C) SUMMARY: Contracted sources identified ARGER, JAMES D. meeting with HARRISON, SCOTT W. at the Steinlöw Group offices at 814 W 55th Street, New York City, NY. Meeting documented 14 December 2011 per OTFI information.
*** POSSIBLE THREAT IDENTIFIED ***
Recommend addition of subject to WALKER watch list, circulation to relevant LEO and IC members. Recommend intensifying sieve for subject by FBI or other agencies tasked for domestic surveillance. UPDATE TO FOLLOW.
END SUMMARY.

Meeting:
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2. (C) ELINT routed to OTFI (Ref. SCI/BK#0836/01 0361442) indicated that ARGER planned to meet with HARRISON (Executive VP for Overseas Development, Steinlöw Group) in New York City on 14 December. No flight records in ARGER’s name, but receipt at Affordable Rides in Pontiac, MI indicates ARGER rented a car on 12 December and returned it on 16 December. Due to narrow time and budget window, OTFI contracted TYLER, ROBERT E. (Head of Security, Tyler Consulting, TS clearance, U.S. Army 1987-2007; DIA 2001-2007) for surveillance of Steinlöw Group offices on 14 December. TYLER confirms presence of ARGER and HARRISON at meeting, along with KELLEY, MATTHEW L. and PERDUE, WILLIAM, JR. (Ref. Photo 334/141211/C/US; attached) The meeting lasted approximately 80 minutes. Due to time constraints, no warrant for audio surveillance could be obtained.

Comment:
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3. (C) ARGER online activity, including leaks of sensitive and classified information, may be part of Steinlöw Group disinformation or misdirection aimed at corporate rivals in Third World resource-extraction market sectors. If so, ARGER is vulnerable to prosecution by the SEC under relevant insider trading statutes. Under DOS purview, he may also be prosecutable under the Neutrality Act if he is providing material aid to belligerent forces in a country not at war with the United States. Given the difficulty of Espionage Act or other prosecutions for a target with journalistic credentials, recommend DOS legal personnel begin building a case to that end. Consider coordination with SEC, IRS, OTFI, and FBI, and relevant LEO and IC members.
END COMMENT.

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