Kyle Foggo
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Kyle Dustin "Dusty" Foggo (born November 21, 1954), is a former
American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...
government intelligence officer. He was convicted of
honest services fraud Honest services fraud is a crime defined in (the federal mail and wire fraud statute), 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 ...
in the awarding of a government contract and sentenced to 37 months in the federal prison at
Pine Knot, Kentucky Pine Knot is a census-designated place (CDP) in McCreary County, Kentucky, United States. The population was 1,680 at the 2000 census. Geography Pine Knot is located at (36.661333, -84.440412). According to the United States Census Bureau, th ...
. The executive director (EXDIR, the number three position) of the
Central Intelligence Agency The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...
(CIA) until 2006, Foggo was charged on February 13, 2007, with
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
and other offenses. This indictment was superseded and expanded with an indictment returned on May 10, 2007, charging fraud,
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
and
money laundering Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdictions ...
in relation to his dealings with defense contractor
Brent R. Wilkes Brent Roger Wilkes (born May 21, 1954), is an American entrepreneur, defense contractor, civic leader. Wilkes became well known for his involvement with the Duke Cunningham defense contracting scandal and was indicted for his involvement in this s ...
. 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 pre-sentencing 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, California San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the eighth most populous city in the United States ...
, area and attended Hilltop High School and later
San Diego State University San Diego State University (SDSU) is a public research university in San Diego, California. Founded in 1897 as San Diego Normal School, it is the third-oldest university and southernmost in the 23-member California State University (CSU) system ...
. After brief experience in law enforcement, Foggo entered the CIA through the Presidential Management Intern program and spent much of his career managing and awarding various contracts. 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 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 is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
and
Latin America Latin America or * french: Amérique Latine, link=no * ht, Amerik Latin, link=no * pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
, including a position in
Honduras Honduras, officially the Republic of Honduras, is a country in Central America. The republic of Honduras is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Oce ...
in the 1980s where he worked with the US Ambassador to Honduras,
John Negroponte John Dimitri Negroponte (; born July 21, 1939) is an American diplomat. He is currently a James R. Schlesinger Distinguished Professor at the Miller Center for Public Affairs at the University of Virginia. He is a former J.B. and Maurice C. Sha ...
, who would go on to become the
Director of National Intelligence The director of national intelligence (DNI) is a senior, cabinet-level United States government official, required by the Intelligence Reform and Terrorism Prevention Act of 2004 to serve as executive head of the United States Intelligence Commu ...
. Foggo was also chief of the CIA's support base in
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, the base responsible for providing
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stations (including
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
) with logistical support. As EXDIR, he was responsible for executive management of the CIA
bureaucracy The term bureaucracy () refers to a body of non-elected governing officials as well as to an administrative policy-making group. Historically, a bureaucracy was a government administration managed by departments staffed with non-elected offi ...
. He was appointed, in October 2004, by then-Director of Central Intelligence
Porter Goss Porter Johnston Goss (; born November 26, 1938) is an American politician and government official who served as a Republican member of the U.S. House of Representatives from 1989 until 2004, when he became the last Director of Central Intelligen ...
over the objections of CIA staff.


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 is a retired career intelligence officer who spent 38 years at the Central Intelligence Agency, his final role was CIA Inspector General from 2002 until his retirement in 2009. He was responsible for investigating CIA interrogati ...
for involvement in the Congressman
Randy "Duke" Cunningham Randall Harold "Duke" Cunningham (born December 8, 1941) is a former American politician, decorated Vietnam War veteran, fighter ace, and ex-felon. Cunningham served as a Republican member of the U.S. House of Representatives from California's ...
corruption investigation due to his personal and professional connections with Cunningham co-conspirator Brent Wilkes. Other agencies involved in the investigation include the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
,
Internal Revenue Service The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory ta ...
,
Defense Criminal Investigative Service The Defense Criminal Investigative Service is the criminal investigative arm of the Office of Inspector General, U.S. Department of Defense. DCIS protects military personnel by investigating cases of fraud, bribery, and corruption; preventing ...
and the
United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
's Office in San Diego. The Cunningham scandal involved
defense contractors Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...
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 In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response ...
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 A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...
. Foggo and Wilkes are longtime friends. They attended school together at Hilltop High School in
Chula Vista Chula Vista (; ) is the second-largest city in the San Diego metropolitan area, the seventh largest city in Southern California, the fifteenth largest city in the state of California, and the 78th-largest city in the United States. The popul ...
and
San Diego State University San Diego State University (SDSU) is a public research university in San Diego, California. Founded in 1897 as San Diego Normal School, it is the third-oldest university and southernmost in the 23-member California State University (CSU) 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
invasion An invasion is a military offensive in which large numbers of combatants of one geopolitical entity aggressively enter territory owned by another such entity, generally with the objective of either: conquering; liberating or re-establishing con ...
in 2003. On May 8, 2006, ''
Newsweek ''Newsweek'' is an American weekly online news magazine co-owned 50 percent each by Dev Pragad, its president and CEO, and Johnathan Davis (businessman), Johnathan Davis, who has no operational role at ''Newsweek''. Founded as a weekly print m ...
'' reported:
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
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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 The United States House Permanent Select Committee on Intelligence (HPSCI), also known as the House Intelligence Committee, is a committee of the United States House of Representatives, currently chaired by Adam Schiff. It is the primary committ ...
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 The New York ''Daily News'', officially titled the ''Daily News'', is an American newspaper based in Jersey City, NJ. It was founded in 1919 by Joseph Medill Patterson as the ''Illustrated Daily News''. It was the first U.S. daily printed in ta ...
'' reported: On May 12, 2006, law enforcement officials executed
search warrant A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, ...
s on Foggo's house and office. The same day, the
Copley News Service Copley Press was a privately held newspaper business, founded in Illinois, but later based in La Jolla, California. Its flagship paper was ''The San Diego Union-Tribune''. History Founder Ira Clifton Copley launched Copley Press c. 1905, eventu ...
reported that Foggo's home in
Vienna, Virginia Vienna () is a town in Fairfax County, Virginia, United States. As of the 2020 U.S. census, Vienna has a population of 16,473. Significantly more people live in ZIP codes with the Vienna postal addresses (22180, 22181, and 22182), bordered approx ...
, 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 An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of 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. This indictment was superseded and expanded with an indictment returned on May 10, 2007, charging fraud,
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
and
money laundering Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdictions ...
in relation to his dealings with defense contractor
Brent R. Wilkes Brent Roger Wilkes (born May 21, 1954), is an American entrepreneur, defense contractor, civic leader. Wilkes became well known for his involvement with the Duke Cunningham defense contracting scandal and was indicted for his involvement in this s ...
. 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, 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.


Notes


References


Exclusive: Top CIA Official Under Investigation
ABC News, March 3, 2006
Contracting probe could extend to CIA
GovExec.com, December 4, 2005

by Bill Walker,
LewRockwell.com Llewellyn Harrison Rockwell Jr. (born July 1, 1944) is an American author, editor, and political consultant. A libertarian and a self-professed anarcho-capitalist, he founded and is the chairman of the Mises Institute, a non-profit dedicated to ...
{{DEFAULTSORT:Foggo, Kyle 1954 births Living people People of the Central Intelligence Agency San Diego State University alumni People from San Diego People from Chula Vista, California People convicted of honest services fraud People from Vienna, Virginia