Herman Simm
Encyclopedia
Herman Simm is a former chief of the Estonia
n Defence Ministry
's security department and convicted Russian spy.
The Simm case became the first one since the restoration of Estonia
's independence in 1991 in which an actual agent was identified, tried and convicted
of treason
.
and Estonia’s other defence partners. He also took part in the devising of EU and NATO information protection systems.
On September 21, 2008, Simm was arrested with his wife Heete Simm on suspicion of illegal collecting and communicating classified information to an unidentified foreign government.
It is believed that damage caused by Herman Simm was not limited to the security of Estonia. In 2001–2006, Simm regularly traveled abroad to negotiate agreements on the protection of classified information
with member countries of NATO and the European Union. Herman Simm also participated in the development of intelligence security with NATO and the EU, where he invited other states to check their security systems. In June 2003, he was issued a diplomatic passport, provided to carriers transporting classified information. In November 2006, Herman Simm resigned from the post of head of the state secret protection department, but continued to work as adviser of the Minister of Defence, retaining access to classified information.
On 6 November 2008, the Estonian State Prosecutor's Office released some materials of the investigation, according to which Simm's handler may have been an officer of Russia's Foreign Intelligence Service (SVR)
who had been using a false identity of a EU citizen.
On February 25, 2009, Simm pleaded guilty to treason and was sentenced to twelve and a half years imprisonment and the payment of EEK 20,155,000 (€1.288M) in damages.
The Harju County Court did not specify which country Simm had handed the secrets to; but chief prosecutor Norman Aas said that Simm had "collected and forwarded classified Estonian and NATO information" to Russia's foreign intelligence service from 1995 until his arrest in 2008. Aas also said, "He passed on personal information on some Estonian individuals, something that may damage Estonia's interests."
It has been unofficially claimed that Estonia had been tipped off by another country.
Security Police chief Raivo Aeg said Simm would meet three or four times a year in at least 15 European countries with his SVR handlers, identified as Valeri Zentsov
and Sergey Jakovlev. Aeg also said that an international arrest warrant had been issued for the latter, who is also known under a fake Portuguese
identity as Antonio de Jesus Amorett Graf.
. Simm has estimated the total value of his liquid assets at 5.4 million EEK
(approx €340,000), but the Ministry of Defence, (upheld by the courts), claimed the total to be 21.6 million EEK, and Simm owes 2.1 million EEK to an unnamed bank. The court assigned Ly Müürsoo as Simm's temporary receiver and set the date of bankruptcy hearing to 17 April 2009. Meanwhile, Simm has been prohibited to realise any of his assets without a permission from the receiver.
Simm's bankruptcy proceedings are complicated by lack of a prenuptial agreement
between Herman Simm and his wife Heete Simm.
On 23 April 2009, Harju maakohus granted Simm's bankruptcy application, and declared Simm bankrupt.
Estonia
Estonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
n Defence Ministry
Estonian Minister of Defence
The Minister of Defence is the senior minister at the Ministry of Defence in the Estonian Government...
's security department and convicted Russian spy.
The Simm case became the first one since the restoration of Estonia
Estonia
Estonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
's independence in 1991 in which an actual agent was identified, tried and convicted
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
.
Professional career and espionage
Herman Simm had previously held various positions at the Interior Ministry and the Police Board, including director general of the board, when he started work for the Defence Ministry in 1995 as head of the information analysis office of the defence policy department. In 2001, he was appointed head of the newly formed state secret protection department. As head of the Defence Ministry Security Department, Simm was tasked with coordinating the protection of state secrets. The department is also responsible for issuing access to classified information and for handling data from international organizations, including NATO, the European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
and Estonia’s other defence partners. He also took part in the devising of EU and NATO information protection systems.
On September 21, 2008, Simm was arrested with his wife Heete Simm on suspicion of illegal collecting and communicating classified information to an unidentified foreign government.
It is believed that damage caused by Herman Simm was not limited to the security of Estonia. In 2001–2006, Simm regularly traveled abroad to negotiate agreements on the protection of classified information
Classified information
Classified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...
with member countries of NATO and the European Union. Herman Simm also participated in the development of intelligence security with NATO and the EU, where he invited other states to check their security systems. In June 2003, he was issued a diplomatic passport, provided to carriers transporting classified information. In November 2006, Herman Simm resigned from the post of head of the state secret protection department, but continued to work as adviser of the Minister of Defence, retaining access to classified information.
Investigation and conviction
The criminal case was processed by Estonia's Public Prosecutor’s Office and by the Security Police Board who co-operate with the Information Board and with the Ministry of Defence. (According to the Penal Code, treason is punishable by imprisonment of three to fifteen years.)On 6 November 2008, the Estonian State Prosecutor's Office released some materials of the investigation, according to which Simm's handler may have been an officer of Russia's Foreign Intelligence Service (SVR)
Foreign Intelligence Service (Russia)
The Russian Foreign Intelligence Service is Russia's primary external intelligence agency. The SVR is the successor of the First Chief Directorate of the KGB since December 1991...
who had been using a false identity of a EU citizen.
On February 25, 2009, Simm pleaded guilty to treason and was sentenced to twelve and a half years imprisonment and the payment of EEK 20,155,000 (€1.288M) in damages.
The Harju County Court did not specify which country Simm had handed the secrets to; but chief prosecutor Norman Aas said that Simm had "collected and forwarded classified Estonian and NATO information" to Russia's foreign intelligence service from 1995 until his arrest in 2008. Aas also said, "He passed on personal information on some Estonian individuals, something that may damage Estonia's interests."
It has been unofficially claimed that Estonia had been tipped off by another country.
Security Police chief Raivo Aeg said Simm would meet three or four times a year in at least 15 European countries with his SVR handlers, identified as Valeri Zentsov
Valeri Zentsov
Valeri Zentsov is a Russian spy best known for recruiting Herman Simm in 1995.Zentsov graduated from the 30th high school of Tallinn. After joining KGB in 1969, he was assigned to study spycraft in Moscow in 1973–1975, specialising in scientific and technological espionage...
and Sergey Jakovlev. Aeg also said that an international arrest warrant had been issued for the latter, who is also known under a fake Portuguese
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
identity as Antonio de Jesus Amorett Graf.
Bankruptcy
On March 23, 2009, Simm filed for personal bankruptcyPersonal bankruptcy
Personal bankruptcy is a procedure which, in certain jurisdictions, allows an individual to declare bankruptcy. In other jurisdictions, bankruptcies are reserved for corporations.-Canada:...
. Simm has estimated the total value of his liquid assets at 5.4 million EEK
Estonian kroon
In 1992, coins were introduced in denominations of 5, 10, 20 & 50 senti, as well as 1 kroon. The 1 kroon was struck in cupronickel, the others in aluminum-bronze. However, in 1997, nickel-plated steel 20 senti were introduced, followed by aluminum-bronze 1 kroon in 1998. 5 senti coins were not...
(approx €340,000), but the Ministry of Defence, (upheld by the courts), claimed the total to be 21.6 million EEK, and Simm owes 2.1 million EEK to an unnamed bank. The court assigned Ly Müürsoo as Simm's temporary receiver and set the date of bankruptcy hearing to 17 April 2009. Meanwhile, Simm has been prohibited to realise any of his assets without a permission from the receiver.
Simm's bankruptcy proceedings are complicated by lack of a prenuptial agreement
Prenuptial agreement
A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other...
between Herman Simm and his wife Heete Simm.
On 23 April 2009, Harju maakohus granted Simm's bankruptcy application, and declared Simm bankrupt.
Political ramifications
On April 29, 2009, Nato ordered the expulsion of two Russian diplomats in what The Financial Times saw as retaliation for the Simm spy scandal. One of the expelled Russians was the son of Vladimir Chizhov, Moscow’s ambassador to the European Union; both he and the other diplomat were attached to Russia’s mission to Nato and were believed to have worked undercover as intelligence agents.External links
- The Economist, Nov 6th 2008: Fog in the Baltic
- Times Online, November 16, 2008: Russian spy in Nato could have passed on missile defence and cyber-war secrets
- The Economist, Feb 26 2009: Spy scandal in Estonia
- Spiegel Online: "Es ist ein Dauerritt auf Messers Schneide", interview with Herman Simm (in German)