ALEXANDRIA,
Va. – After three hours of deliberations a federal jury convicted a California
man today on charges of conspiring to act as an agent of a foreign government,
conspiring to make false statements and willful omissions in a FARA filing, and
acting as an agent of a foreign government.
“Rafiekian
was held accountable for his actions and found guilty by a jury of his peers,”
said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of
Virginia. “I want to thank the investigators and prosecutors for their thorough
investigation, extensive briefing, and commitment to this case.”
“Today’s
verdict should stand as a deterrent to any malign foreign influence that
undermines the integrity of our political processes,” Assistant Attorney
General John Demers said. “Through misrepresentations in his FARA filing, Mr.
Rafiekian attempted to deceive the public and influence key leaders on behalf
of Turkey. The Department of Justice treats these crimes with the gravity that
they deserve.”
According to
court records and evidence presented at trial, Bijan Rafiekian, 67, of San Juan
Capistrano, California, along with his co-conspirator, Kamil Ekim Alptekin, 42,
of Istanbul, a Turkish national with close ties to the highest levels of the
Government of Turkey, were involved in a conspiracy to covertly influence
United States politicians and public opinion against a Turkish national,
Fethullah Gulen, who is an imam, writer, and political figure living in the
United States. The Government of Turkey
had filed two extradition requests for Gulen, and has been trying to convince
the Department of Justice to extradite Gulen back to Turkey since 2015. The
plot included using the Flynn Intel Group (FIG), a company founded by Rafiekian
and Michael T. Flynn, which provided services based upon Flynn’s national
security expertise.
According to
court documents, the purpose of the conspiracy was to use FIG to delegitimize
the Turkish citizen in the eyes of the American public and United States
politicians, with the goal of obtaining his extradition, which was meeting
resistance at the U.S. Department of Justice. At the same time, the
conspirators sought to conceal that the Government of Turkey was directing the
work. However, not only was Rafiekian told by Alptekin that Turkish
cabinet-level officials had approved the budget for the project, but Alptekin
also told Rafiekian that he provided the Turkish officials updates on the work.
Rafiekian understood that Alptekin was relaying the Turkish officials’
directions on the work to Rafiekian, Flynn, and others at FIG.
According to
court documents, the scheme included using a Dutch shell company, Inovo, owned
by Alptekin to act as FIG’s “client.” FIG was paid $600,000 in three
installments from an account in Turkey in Alptekin’s name. After Alptekin made
the payments to FIG, FIG kicked back 20 percent of the payments to Alptekin’s
company in the Netherlands, with two such kickbacks being made.
Rafiekian
faces a maximum penalty of 15 years in prison when sentenced on October 18.
Actual sentences for federal crimes are typically less than the maximum
penalties. A federal district court judge will determine any sentence after
taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary
Terwilliger, U.S. Attorney for the Eastern District of Virginia, John C.
Demers, Assistant Attorney General for National Security, and John P. Selleck,
Acting Assistant Director in Charge of the FBI’s Washington Field Office, made
the announcement after U.S. District Judge Anthony J. Trenga accepted the
verdict. Assistant U.S. Attorneys James P. Gillis, John T. Gibbs, Aidan T.
Grano, Trial Attorney Evan N. Turgeon of the Department of Justice’s
Counterintelligence and Export Control Section, and Special Assistant U.S.
Attorney Stephanie K. Sweeten are prosecuting the case.
A copy of
this press release is located on the website of the U.S. Attorney’s Office for
the Eastern District of Virginia. Related court documents and information are
located on the website of the District Court for the Eastern District of
Virginia or on PACER by searching for Case No. 1:18-cr-457.
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