Irvin C. Scarbeck
Encyclopedia
Irving C. Scarbeck was a U.S. State Department official who was convicted of giving information to Polish UB (secret police) during the Cold War
, after he became involved in a romantic affair with a Polish woman and was blackmailed by Polish intelligence agents. His case was the first prosecution under Title 50 783(b) of the Subversive Activities Control Act. His case also prompted a modification of the Espionage Act of 1917
to allow it to be used outside U.S. territory.
In 1959 he became involved in a romantic affair with 22-year-old Urszula Maria Dische. He got her an apartment and often visited her there. In 1960, agents of the Polish Ministry of Public Security surprised the two in bed and took photographs. The ministry then used the photos to blackmail Scarbeck into giving them secret information from the US government. He later claimed that the secret police had also threatened Ms. Dische with arrest and prosecution. By cooperating with the ministry, he said that he was able to save her from a terrible fate. He managed to enable her escape to West Germany, where he found an apartment for her, and gave her some money to help her.
The FBI arrested him around June 1961. In July 1961 a grand jury in the U.S. District Court of the District of Columbia indicted him on one count of taking a government document under and three counts under . This was the first prosecution ever under 783(b). The law had been created as part of the McCarran Internal Security Act
/ Subversive Activities Control Act of 1950 during the Red Scare of the 1950s
by Senator Karl Earl Mundt
. Mundt claimed it was a reaction to the Alger Hiss
, Elizabeth Bentley
, and similar cases. It is one of the few Federal statutes that criminalizes delivering classified information. He was found guilty of the Title 50 counts but not guilty of the Title 18 count. In November 1961 he was sentenced to three consecutive terms of 10 years in prison, the maximum penalty the law allowed. His wife said she would "stick by him".
He tried to appeal his conviction to the U.S. Supreme Court
. His lawyers argued that the phrase "classified documents" did not include documents classified by an Ambassador, only those classified by the President; that Scarbeck should have been able to challenge the classification; that Scarbeck was authorized to disclose the documents; that his confession was coerced and therefore inadmissible: and his confession was not corroborated by other facts. The Supreme Court denied to hear the case in June 1963. However the consecutive sentences were made concurrent and Scarbeck was paroled in 1966.
as a reason to amend the Espionage Act of 1917
in 1961. He pointed out that Scarbeck could not be prosecuted under the Act because it applied only to acts committed inside U.S. territory. Poff's solution was to repeal the restrictive language (Section 791) so the Espionage Act would apply everywhere. The Senate passed Poff's bill only after a third attempt.
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
, after he became involved in a romantic affair with a Polish woman and was blackmailed by Polish intelligence agents. His case was the first prosecution under Title 50 783(b) of the Subversive Activities Control Act. His case also prompted a modification of the Espionage Act of 1917
Espionage Act of 1917
The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
to allow it to be used outside U.S. territory.
History
He was born circa 1920. He was a student at C.C.N.Y. and N.Y.U. He was in the Army from 1942-46. Later, he went to work at the State Department, where he won an award for meritorious service. In 1958 he went to the U.S. embassy in Warsaw, Poland, as an office manager. His wife and three daughters joined him there. He loved taking family trips in the countryside and enjoyed music. He was well liked by his staff.In 1959 he became involved in a romantic affair with 22-year-old Urszula Maria Dische. He got her an apartment and often visited her there. In 1960, agents of the Polish Ministry of Public Security surprised the two in bed and took photographs. The ministry then used the photos to blackmail Scarbeck into giving them secret information from the US government. He later claimed that the secret police had also threatened Ms. Dische with arrest and prosecution. By cooperating with the ministry, he said that he was able to save her from a terrible fate. He managed to enable her escape to West Germany, where he found an apartment for her, and gave her some money to help her.
The FBI arrested him around June 1961. In July 1961 a grand jury in the U.S. District Court of the District of Columbia indicted him on one count of taking a government document under and three counts under . This was the first prosecution ever under 783(b). The law had been created as part of the McCarran Internal Security Act
McCarran Internal Security Act
The Internal Security Act of 1950, , also known as the Subversive Activities Control Act or the McCarran Act, after Senator Pat McCarran , is a United States federal law of the McCarthy era. It was passed over President Harry Truman's veto...
/ Subversive Activities Control Act of 1950 during the Red Scare of the 1950s
McCarthyism
McCarthyism is the practice of making accusations of disloyalty, subversion, or treason without proper regard for evidence. The term has its origins in the period in the United States known as the Second Red Scare, lasting roughly from the late 1940s to the late 1950s and characterized by...
by Senator Karl Earl Mundt
Karl Earl Mundt
Karl Earl Mundt was an American educator and a Republican member of the United States Congress, representing South Dakota in the United States House of Representatives from 1938 to 1948 and in the United States Senate from 1948 to 1973.-Biography:Born in Humboldt, South Dakota, Mundt attended...
. Mundt claimed it was a reaction to the Alger Hiss
Alger Hiss
Alger Hiss was an American lawyer, government official, author, and lecturer. He was involved in the establishment of the United Nations both as a U.S. State Department and U.N. official...
, Elizabeth Bentley
Elizabeth Bentley
Elizabeth Terrill Bentley was an American spy for the Soviet Union from 1938 until 1945. In 1945 she defected from the Communist Party and Soviet intelligence and became an informer for the U.S. She exposed two networks of spies, ultimately naming over 80 Americans who had engaged in espionage for...
, and similar cases. It is one of the few Federal statutes that criminalizes delivering classified information. He was found guilty of the Title 50 counts but not guilty of the Title 18 count. In November 1961 he was sentenced to three consecutive terms of 10 years in prison, the maximum penalty the law allowed. His wife said she would "stick by him".
He tried to appeal his conviction to the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. His lawyers argued that the phrase "classified documents" did not include documents classified by an Ambassador, only those classified by the President; that Scarbeck should have been able to challenge the classification; that Scarbeck was authorized to disclose the documents; that his confession was coerced and therefore inadmissible: and his confession was not corroborated by other facts. The Supreme Court denied to hear the case in June 1963. However the consecutive sentences were made concurrent and Scarbeck was paroled in 1966.
Effect on Espionage Act
Scarbeck's case was cited by Congressman Richard PoffRichard Harding Poff
Richard Harding Poff was an American politician and judge. He was first elected to the United States House of Representatives in 1952, representing Virginia's Sixth District...
as a reason to amend the Espionage Act of 1917
Espionage Act of 1917
The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
in 1961. He pointed out that Scarbeck could not be prosecuted under the Act because it applied only to acts committed inside U.S. territory. Poff's solution was to repeal the restrictive language (Section 791) so the Espionage Act would apply everywhere. The Senate passed Poff's bill only after a third attempt.
See also
- Gorin v. United StatesGorin v. United StatesGorin v. United States and Salich v. United States was a supreme court case decided in 1941 in the United States. It involved the Espionage Act and it's use against Mihail Gorin, an intelligence agent from the Soviet Union, and Hafis Salich, a Navy employee who sold to Gorin information on Japanese...
- McCarran Internal Security ActMcCarran Internal Security ActThe Internal Security Act of 1950, , also known as the Subversive Activities Control Act or the McCarran Act, after Senator Pat McCarran , is a United States federal law of the McCarthy era. It was passed over President Harry Truman's veto...
- Espionage Act of 1917Espionage Act of 1917The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...