Kyle Foggo
Encyclopedia
Kyle Dustin "Dusty" Foggo (born November 21, 1954), is a former American
government intelligence officer convicted of honest services fraud
in the awarding of a government contract and sentenced to 37 months in the federal prison at Pine Knot, Kentucky
. The executive director ("EXDIR", the number three position) of the Central Intelligence Agency
(CIA) until 2006, Foggo was charged on February 13, 2007, with fraud
and other offenses. This indictment was superseded and expanded with an indictment returned on May 10, 2007, charging fraud, conspiracy
and money laundering
in relation to his dealings with defense contractor Brent R. Wilkes. On September 29, 2008, Foggo pleaded guilty to one count of the indictment, admitting that while CIA executive director he steered a CIA contract to the firm of his lifelong friend, Brent R. Wilkes. In a presentencing report filed by prosecutors in February 2009, Foggo was also described as having a record of on the job corruption and off the job assaultive behavior stretching back 20 years.
, area and attended San Diego State University
. After brief experience in law enforcement, Foggo entered the CIA through the Presidential Management Intern program and has spent much of his career managing and awarding various contracts.
Foggo married Brigitte Nemeth, Austrian, and has two children, Aimee Brigitte and Viktor Brent.
Foggo began in what was then known as the CIA's Directorate of Administration (DA) which handled a significant portion of the agency's contracting. He has spent most of his CIA career in Management General Services, but also did a stint in the Directorate of Science and Technology.
Foggo's early postings included stations in Europe
and Latin America
, including a position in Honduras
in the 1980s where he worked with the US Ambassador to Honduras, John Negroponte
, who would go on to become the Director of National Intelligence.
Prior to becoming executive director, Foggo was chief of the CIA's support base in Germany
, the base responsible for providing Middle East
stations (including Iraq
) with logistical support.
As EXDIR, he was responsible for executive management of the CIA bureaucracy
. He was appointed, in October 2004, by then-director of the CIA Porter Goss over the objections of CIA staff who said he had a reputation as a hard-drinking womanizer.
He was recommended to Goss because he had served in all four of the Agency's directorates.
Foggo was also investigated by CIA Inspector General John L. Helgerson
for involvement in the Cunningham corruption investigation due to his personal and professional connections with Cunningham co-conspirator Brent Wilkes. Other agencies involved in the investigation include the FBI
, IRS, Defense Criminal Investigative Service
and the United States Attorney
's Office in San Diego.No connection was ever made between Foggo and the Cunningham case.
The Cunningham scandal involved defense contractors who paid bribes to members of Congress, and officials in the Defense Department
, in return for federal contracts. Most notable among the recipients of the bribes was Cunningham, who pleaded guilty to receiving over $2.3 million in bribes. The primary defense contractors were Mitchell Wade
(owner of MZM), who also pleaded guilty, and Wilkes (owner of ADCS Inc.). Wilkes was named as "co-conspirator #1" in Cunningham's plea agreement.
Foggo and Wilkes are longtime friends. They attended school together at Hilltop High School
in Chula Vista and San Diego State University
, served as best men in each other's weddings, and named their sons after each other.
Suspicions were raised when Foggo, a mid-level career manager, was promoted to be the number three official of the CIA. Investigations have centered on whether Foggo helped steer agency contracts to companies run by Wilkes. Specifically, one of Wilkes' corporations received at least one CIA contract to supply bottled water to CIA personnel in Iraq during the U.S. invasion in 2003.
On May 8, 2006, Newsweek
reported:
The same day, the New York Daily News
reported:
The allegations that Wilkes provided prostitutes, limos and suites were made by an anonymous source attributing the information to Cunningham co-conspirator Mitchell Wade. No proof of these allegations has ever emerged despite an extensive federal investigation.
On May 12, 2006, law enforcement officials executed search warrant
s on Foggo's house and office.
The same day, the Copley News Service reported that Foggo's home in Vienna, Virginia
, had been raided by federal agents. The agents reportedly refused to answer questions about the purpose of the raid or what agency they represented.
On February 13, 2007, Foggo and Wilkes were indicted
by the US Attorney's Office in San Diego.
Subsequently, Foggo pleaded "not guilty" to 30 counts of fraud, conspiracy and money laundering. Prosecutors dropped objections to moving the corruption case against the former CIA official from San Diego to Virginia.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
government intelligence officer convicted of honest services fraud
Honest services fraud
Honest services fraud refers to a 28-word sentence of , added by the United States Congress in 1988, which states: "For the purposes of this chapter, the term, scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services."The statute...
in the awarding of a government contract and sentenced to 37 months in the federal prison at Pine Knot, Kentucky
Pine Knot, Kentucky
Pine Knot is a census-designated place in McCreary County, Kentucky, United States. The population was 1,680 at the 2000 census.-Geography:Pine Knot is located at ....
. The executive director ("EXDIR", the number three position) of the Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
(CIA) until 2006, Foggo was charged on February 13, 2007, with fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
and other offenses. This indictment was superseded and expanded with an indictment returned on May 10, 2007, charging fraud, conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
and money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
in relation to his dealings with defense contractor Brent R. Wilkes. On September 29, 2008, Foggo pleaded guilty to one count of the indictment, admitting that while CIA executive director he steered a CIA contract to the firm of his lifelong friend, Brent R. Wilkes. In a presentencing report filed by prosecutors in February 2009, Foggo was also described as having a record of on the job corruption and off the job assaultive behavior stretching back 20 years.
Biography
Foggo grew up in the San Diego, CaliforniaSan Diego, California
San Diego is the eighth-largest city in the United States and second-largest city in California. The city is located on the coast of the Pacific Ocean in Southern California, immediately adjacent to the Mexican border. The birthplace of California, San Diego is known for its mild year-round...
, area and attended San Diego State University
San Diego State University
San Diego State University , founded in 1897 as San Diego Normal School, is the largest and oldest higher education facility in the greater San Diego area , and is part of the California State University system...
. After brief experience in law enforcement, Foggo entered the CIA through the Presidential Management Intern program and has spent much of his career managing and awarding various contracts.
Foggo married Brigitte Nemeth, Austrian, and has two children, Aimee Brigitte and Viktor Brent.
Foggo began in what was then known as the CIA's Directorate of Administration (DA) which handled a significant portion of the agency's contracting. He has spent most of his CIA career in Management General Services, but also did a stint in the Directorate of Science and Technology.
Foggo's early postings included stations in Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
and Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
, including a position in Honduras
Honduras
Honduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize...
in the 1980s where he worked with the US Ambassador to Honduras, John Negroponte
John Negroponte
John Dimitri Negroponte is an American diplomat. He is currently a research fellow and lecturer in international affairs at Yale University's Jackson Institute for Global Affairs...
, who would go on to become the Director of National Intelligence.
Prior to becoming executive director, Foggo was chief of the CIA's support base in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, the base responsible for providing Middle East
Middle East
The Middle East is a region that encompasses Western Asia and Northern Africa. It is often used as a synonym for Near East, in opposition to Far East...
stations (including Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
) with logistical support.
As EXDIR, he was responsible for executive management of the CIA bureaucracy
Bureaucracy
A bureaucracy is an organization of non-elected officials of a governmental or organization who implement the rules, laws, and functions of their institution, and are occasionally characterized by officialism and red tape.-Weberian bureaucracy:...
. He was appointed, in October 2004, by then-director of the CIA Porter Goss over the objections of CIA staff who said he had a reputation as a hard-drinking womanizer.
He was recommended to Goss because he had served in all four of the Agency's directorates.
Criminal investigation
Foggo was charged on February 13, 2007, with fraud and other offenses.Foggo was also investigated by CIA Inspector General John L. Helgerson
John L. Helgerson
John L. Helgerson is a long-time official of the United States' most senior intelligence agency, the CIA.Helgerson was the CIA Inspector General from 2002-2009. Helgerson is a graduate of Saint Olaf College...
for involvement in the Cunningham corruption investigation due to his personal and professional connections with Cunningham co-conspirator Brent Wilkes. Other agencies involved in the investigation include the FBI
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
, IRS, Defense Criminal Investigative Service
Defense Criminal Investigative Service
The Defense Criminal Investigative Service is the criminal investigative arm of the Office of the Inspector General, U.S. Department of Defense...
and the United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
's Office in San Diego.No connection was ever made between Foggo and the Cunningham case.
The Cunningham scandal involved defense contractors who paid bribes to members of Congress, and officials in the Defense Department
United States Department of Defense
The United States Department of Defense is the U.S...
, in return for federal contracts. Most notable among the recipients of the bribes was Cunningham, who pleaded guilty to receiving over $2.3 million in bribes. The primary defense contractors were Mitchell Wade
Mitchell Wade
Mitchell J. Wade , is an American defense contractor implicated in the events that led to the 2005 resignation of U.S. Representative Randy "Duke" Cunningham....
(owner of MZM), who also pleaded guilty, and Wilkes (owner of ADCS Inc.). Wilkes was named as "co-conspirator #1" in Cunningham's plea agreement.
Foggo and Wilkes are longtime friends. They attended school together at Hilltop High School
Hilltop High School
Hilltop Senior High is a four-year public high school located in Chula Vista, California and is part of the Sweetwater Union High School District . The school colors are kelly green, white, and black. The school mascot is the "Lancer"...
in Chula Vista and San Diego State University
San Diego State University
San Diego State University , founded in 1897 as San Diego Normal School, is the largest and oldest higher education facility in the greater San Diego area , and is part of the California State University system...
, served as best men in each other's weddings, and named their sons after each other.
Suspicions were raised when Foggo, a mid-level career manager, was promoted to be the number three official of the CIA. Investigations have centered on whether Foggo helped steer agency contracts to companies run by Wilkes. Specifically, one of Wilkes' corporations received at least one CIA contract to supply bottled water to CIA personnel in Iraq during the U.S. invasion in 2003.
On May 8, 2006, Newsweek
Newsweek
Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...
reported:
[A] source has told Newsweek that Foggo had acknowledged to associates that he may have tipped off Wilkes that CIA contracts were coming up for bid — an activity which, according to the source, Foggo said was neither improper nor illegal. The source is close to a group of pokerPokerPoker is a family of card games that share betting rules and usually hand rankings. Poker games differ in how the cards are dealt, how hands may be formed, whether the high or low hand wins the pot in a showdown , limits on bet sizes, and how many rounds of betting are allowed.In most modern poker...
players who took part in a 1999 game arranged by Wilkes and attended by Foggo, Cunningham and a nine-fingered former CIA officer named Brant Bassett, who worked for Goss when the outgoing CIA chief was House Intelligence Committee chair. Foggo denies giving Wilkes any such tip-offs, according to another source close to the outgoing CIA official; Bassett and lawyers for Wilkes and Cunningham had no comment.
The same day, the New York Daily News
New York Daily News
The Daily News of New York City is the fourth most widely circulated daily newspaper in the United States with a daily circulation of 605,677, as of November 1, 2011....
reported:
The investigations have focused on the Watergate poker parties thrown by defense contractor Brent Wilkes, a high-school buddy of Foggo's, that were attended by disgraced former Rep. Randy (Duke) Cunningham and other lawmakers.
Foggo has claimed he went to the parties "just for poker" amid allegations that Wilkes, a top GOP fund-raiser and a member of the $100,000 "Pioneers" of Bush's 2004 reelection campaign, provided prostitutes, limos and hotel suites to Cunningham....
Wilkes hosted regular parties for 15 years at the Watergate and Westin Grand Hotels for lawmakers and lobbyists. Intelligence sources said Goss has denied attending the parties as CIA director, but that left open whether he may have attended as a Republican congressman from Florida who was head of the House Intelligence Committee.
The allegations that Wilkes provided prostitutes, limos and suites were made by an anonymous source attributing the information to Cunningham co-conspirator Mitchell Wade. No proof of these allegations has ever emerged despite an extensive federal investigation.
On May 12, 2006, law enforcement officials executed search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
s on Foggo's house and office.
The same day, the Copley News Service reported that Foggo's home in Vienna, Virginia
Vienna, Virginia
Vienna is a town in Fairfax County, Virginia, United States. As of the 2010 United States Census, it had a population of 15,687. Significantly more people live in zip codes with the Vienna postal addresses bordered approximately by Interstate 66 on the south, Interstate 495 on the east, Route 7 to...
, had been raided by federal agents. The agents reportedly refused to answer questions about the purpose of the raid or what agency they represented.
On February 13, 2007, Foggo and Wilkes were indicted
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
by the US Attorney's Office in San Diego.
Subsequently, Foggo pleaded "not guilty" to 30 counts of fraud, conspiracy and money laundering. Prosecutors dropped objections to moving the corruption case against the former CIA official from San Diego to Virginia.