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, p ...
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. The idea of this law was to criminalize not only schemes to defraud victims of money and property, but also sch ...
in the awarding of a government contract and sentenced to 37 months in the federal prison at
Pine Knot, Kentucky
Pine Knot is an unincorporated community and census-designated place (CDP) in McCreary County, Kentucky, United States. The population was 1,380 at the 2020 census, down from 1,621 in 2010.
Geography
Pine Knot is located in southern McCreary C ...
.
The executive director (EXDIR, the number three position) of the
Central Intelligence Agency
The Central Intelligence Agency (CIA; ) is a civilian foreign intelligence service of the federal government of the United States tasked with advancing national security through collecting and analyzing intelligence from around the world and ...
(CIA) until 2006, Foggo was charged on February 13, 2007, with
fraud
In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
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 This indictment was superseded and expanded with an indictment returned on May 10, 2007, charging fraud,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, ploy, or scheme, is a secret plan or agreement between people (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder, treason, or corruption, especially with a political motivat ...
and
money laundering
Money laundering is the process of illegally concealing the origin of money obtained from illicit activities (often known as dirty money) such as drug trafficking, sex work, terrorism, corruption, and embezzlement, and converting the funds i ...
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 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 coast of Southern California, adjacent to the Mexico–United States border. With a population of over 1.4 million, it is the List of United States cities by population, eighth-most populous city in t ...
, area and attended
Hilltop High School and later
San Diego State University
San Diego State University (SDSU) is a Public university, public research university in San Diego, California, United States. Founded in 1897, it is the third-oldest university and southernmost in the 23-member California State University (CS ...
.
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 continent located entirely in the Northern Hemisphere and mostly in the Eastern Hemisphere. It is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, the Mediterranean Sea to the south, and Asia to the east ...
and
Latin America
Latin America is the cultural region of the Americas where Romance languages are predominantly spoken, primarily Spanish language, Spanish and Portuguese language, Portuguese. Latin America is defined according to cultural identity, not geogr ...
, including a position in
Honduras
Honduras, officially the Republic of Honduras, is a country in Central America. It is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Ocean at the Gulf of Fonseca, ...
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. In 2018, he was 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. Shapi ...
, who would go on to become the
Director of National Intelligence
The director of national intelligence (DNI) is a Cabinet of the United States#Current Cabinet and Cabinet-rank officials, cabinet-level Federal government of the United States, United States government intelligence and security official. The p ...
. Foggo was also chief of the CIA's support base in
Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
, the base responsible for providing
Middle East
The Middle East (term originally coined in English language) is a geopolitical region encompassing the Arabian Peninsula, the Levant, Turkey, Egypt, Iran, and Iraq.
The term came into widespread usage by the United Kingdom and western Eur ...
stations (including
Iraq
Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...
) with logistical support.
As EXDIR, he was responsible for executive management of the CIA
bureaucracy
Bureaucracy ( ) is a system of organization where laws or regulatory authority are implemented by civil servants or non-elected officials (most of the time). Historically, a bureaucracy was a government administration managed by departments ...
. 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 who served as the head of the Central Intelligence Agency from 2004 to 2006. He was the last Director of Central Intelligence (DCI) from 2004 to 2005, then became the fir ...
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 for involvement in the Congressman
Randy "Duke" Cunningham
Randall Harold "Duke" Cunningham (born December 8, 1941) is an American former politician, Vietnam War veteran, fighter ace and convicted felon. A member of the Republican Party, Cunningham represented three California districts in the United 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 agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
,
Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service for the Federal government of the United States, United States federal government, which is responsible for collecting Taxation in the United States, U.S. federal taxes and administerin ...
,
Defense Criminal Investigative Service
The Defense Criminal Investigative Service (DCIS) is the Criminal investigation, criminal investigative arm of the Office of the Inspector General, U.S. Department of Defense, U.S. Department of Defense Office of Inspector General.
Background
On ...
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 ...
'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 indust ...
who paid bribes to members of Congress, and officials in the
Defense Department
A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is the part of a government responsible for matters of defence and military forces, found in states where the government is divided ...
, in return for federal contracts. Most notable among the recipients of the bribes was Cunningham, who
pleaded guilty
In law, a plea is a defendant's response to a criminal charge. A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including '' nolo contendere'' (no contest), no case to answer (in the ...
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 known as a plea agreement or plea deal, is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor. These concessions can include ...
.
Foggo and Wilkes are longtime friends. They attended school together at
Hilltop High School in
Chula Vista
Chula Vista ( ; , ) is a city in San Diego County, California, United States. It is the second-most populous city in the San Diego metropolitan area, the seventh-most populous city in Southern California, the 15th-most populous city in the ...
and
San Diego State University
San Diego State University (SDSU) is a Public university, public research university in San Diego, California, United States. Founded in 1897, it is the third-oldest university and southernmost in the 23-member California State University (CS ...
, 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 Offensive (military), military offensive of combatants of one geopolitics, geopolitical Legal entity, entity, usually in large numbers, entering territory (country subdivision), territory controlled by another similar entity, ...
in 2003.
On May 8, 2006, ''
Newsweek
''Newsweek'' is an American weekly news magazine based in New York City. Founded as a weekly print magazine in 1933, it was widely distributed during the 20th century and has had many notable editors-in-chief. It is currently co-owned by Dev P ...
'' 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 poker
Poker is a family of Card game#Comparing games, comparing card games in which Card player, players betting (poker), wager over which poker hand, hand is best according to that specific game's rules. It is played worldwide, with varying rules i ...
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 Rick Crawford. It is the primary comm ...
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 ''Daily News'' is an American newspaper based in Jersey City, New Jersey. It was founded in 1919 by Joseph Medill Patterson in New York City as the ''Illustrated Daily News''. It was the first U.S. daily printed in Tabloid (newspaper format ...
'' 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 Police, law enforcement officers to conduct a Search and seizure, search of a person, location, or vehicle for evidence of a crime and to Confiscation, confiscate an ...
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 United States census, 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, ...
, 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 offense is a felony; jurisdictions that do not use that concept often use that of an indi ...
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, ploy, or scheme, is a secret plan or agreement between people (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder, treason, or corruption, especially with a political motivat ...
and
money laundering
Money laundering is the process of illegally concealing the origin of money obtained from illicit activities (often known as dirty money) such as drug trafficking, sex work, terrorism, corruption, and embezzlement, and converting the funds i ...
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, 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
{{DEFAULTSORT:Foggo, Kyle
1954 births
Living people
American prisoners and detainees
San Diego State University alumni
CIA agents convicted of crimes
Criminals from San Diego
People from Chula Vista, California
People convicted of honest services fraud
People from Vienna, Virginia
Hilltop High School (Chula Vista, California) alumni
Prisoners and detainees of the United States federal government