LAWRENCE E. WALSH, INDEPENDENT COUNSEL, ANNOUNCED TODAY THAT THE GRAND JURY INVESTIGATING THE IRAN/CONTRA MATTER ISSUED A FIVE-COUNT INDICTMENT CHARGING JOSEPH F. FERNANDEZ, FORMER CHIEF CIA OFFICER IN COSTA RICA, WITH CONSPIRACY TO DEFRAUD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001300110016-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 23
• Document Creation Date: December 27, 2016
• Document Release Date: September 24, 2012
• Sequence Number: 16
• Publication Date: June 20, 1988
• Content Type: MISC

, , A
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eJIL 7CG.7,/
OFFICE OF INDEPENDENT COUNSEL
555 THIRTEENTH STREET, N.W.
WASHINGTON, D.C. 20004
lea
reng rur ?
OCA 20-3?9,7a8
FOR IMMEDIATE RELEASE CONTACT: JAMES WIEGHART
JUNE 20, 1988
[phone]
Lawrence E. Walsh, Independent Counsel, announced today
that the Grand Jury investigating the Iran/Contra matter issued
a five-count Indictment charging Joseph F. Fernandez, former
chief CIA officer in Costa Rica, with conspiracy to defraud the
United States, obstructing the inquiry of the President's
Special Review Board (the Tower Commission), and making false
statements to government agencies.
Walsh said the investigation was directed by Associate
Counsel Michael Bromwich, Laurence Shtasel and William Hassler.
The conspiracy count charges that Fernandez, 51, together
with "others known and unknown to the Grand Jury" conspired to
"defraud the United States by impeding, impairing, defeating and
obstructing the lawful governmental functions" by "deceitfully
and without legal authorization organizing, directing and
concealing a program to continue logistical and other support for
military and paramilitary operations in Nicaragua by the Contras,
at a time when the prohibitions of the Boland Amendment and other
legal and administrative restrictions on the execution of covert
actions were in effect . ? ? ?
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The Indictment alleges that Fernandez and his co-
conspirators operated a clandestine supply network to support
military and paramilitary activities by the Contras in southern
Nicaragua (the "Southern Front").
As part of this effort, according to the Indictment,
Fernandez helped to locate a site for an airstrip in northern
Costa Rica to be used for supplying the Contras with weapons and
ammunition. The Indictment charges that Fernandez and the other
conspirators used a Panamanian corporation, Udall Research Corp.,
to acquire the land and build the airstrip. The Indictment
further charges that while the airstrip was being constructed,
Fernandez encouraged Contra forces to enter Nicaragua by
promising that he would provide them with military supplies.
Between January and early April 1986, the Indictment
alleges, Fernandez and his co-conspirators attempted to deliver
military supplies to the Contras along the Southern Front. On
April 11-12, 1986, Fernandez and his co-conspirators caused the
successful aerial delivery of lethal military supplies to Contra
forces.
Between the middle of April and September 1986, Fernandez
and others continued to direct the delivery of lethal military
supplies to the Contras in southern Nicaragua. During this
period, Fernandez and others directed approximately eight
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deliveries of weapons and ammunition to the Southern Front, the
Indictment charges.
In late September 1986, "to conceal and cover up the
conspirators' illegal activities, . . . Fernandez made a false
and misleading statement to an employee of the CIA's Central
American Task Force when
the construction and operation
questioned about the CIA's role in
of the airstrip in northern Costa
Rica." Fernandez is also alleged to have covered
up the
conspiracy by submitting incomplete and unresponsive cables to
officers of the CIA's Central American Task Force in November
and December 1986, after an aircraft that was attempting to drop
supplies to the Contras in Nicaragua was shot down in October
1986. In January 1987, the Indictment charges, Fernandez made
false and misleading statements to the CIA's Office of Inspector
General and to the Tower Commission in order to "conceal and
cover .up the conspirators' illegal activities."
Count Two of the Indictment charges that Fernandez
obstructed the inquiry of the Tower Commission "by making false,
fictitious, fraudulent and misleading statements and
representations to investigators of the Tower Commission, all
for the purpose of concealing and causing to be concealed
material facts."
Count Three charges that on January 21,, 1987, Fernandez
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"unlawfully, willfully and knowingly did make and cause to be
made a material false, fictitious and fraudulent statement" to
the Tower Commission by stating that he "did not know for a fact
that Oliver L. North had been involved in assisting the resupply
of the Contras" when he "well knew and believed . . . Oliver L.
North had been involved in assisting the resupply of the
Contras."
Count Four charges that on January 21, 1987, Fernandez made
a false
did not
Contras
statement to
the
Tower
know that supplies he assisted in delivering to the
in September 1986, contained weapons and ammunition.
When Fernandez made that statement, the Indictment alleges, he
"knew and believed" the supplies he had helped deliver "contained
weapons and ammunition."
Commission when he stated that he
count Five charges that on January 11, 1987, Fernandez made
a material false statement to the CIA's Office of Inspector
General in describing a project to build an airstrip in northern
Costa Rica as an initiative of the Costa Rican government to be
used for training activities by Costa Rican forces. In fact, the
Indictment
initiative
initiative
charges, Fernandez knew "the project . . . was not an
of the Costa Rican government, but rather was an
of the defendant Fernandez and his co-conspirators
. designed to facilitate the resupply of the Contras."
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The maximum penalty under the law for each of the five
counts is five years imprisonment and a fine of $250,000.
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Holding a Criminal Term
Grand Jury Sworn in on January 28, 1987
UNITED STATES OF AMERICA : Criminal No.
V.
: Grand Jury Original
JOSEPH F. FERNANDEZ,
Defendant. Violations:
?
18
U.S.C.
?
371;
?
18
U.S.C.
?
1001;
?
18
U.S.C.
?
1505.
(Conspiracy; False
?
? Statements; Obstruction
? of Proceedings)
XNE,IgiNENT
COUNT ONE
(Conspiracy)
The Grand Jury charges:
INTRODUCTION
1. At all times relevant to this Indictment, the Central
Intelligence Agency ("CIA") was the principal United States
Government agency responsible for the collection of foreign
intelligence and the conduct of covert and foreign intelligence
operations:
1
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2. At all times relevant to this Indictment, the
National Security Council ("NSC") was a government entity whose
function was to advise the President on the integration of
domestic, foreign and military policies
relating to the
national security, to facilitate cooperation among the military
services and other departments and agencies of the government
in matters involving the national security, and to review,
guide and direct foreign intelligence activities and covert
actions.
3. At all times relevant to this Indictment,
intelligence activities undertaken by the United States were
subject to the restrictions and limitations contained in
Executive Order 12333, promulgated by the President on December
4, 1981, which, in
Government agency,
actions without a
agency other than
part, prohibited any United States
except the CIA, from conducting covert
determination by the President that the
the CIA was more likely to achieve a
particular objective. On January 18, 1985, the President
signed National Security Decision Directive 159, which required
that the President
all covert actions undertaken by any United States Government
agency or entity.
4. At all times relevant to this Indictment, the
specifically approve by a written finding
Contras, also
were military
operations in
known as the Nicaraguan democratic resistance,
insurgents engaged in military and paramilitary
Nicaragua. In many instances, these operations
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occurred near the borders of Costa Rica and Honduras,
Nicaragua's neighboring countries to the south and north
respectively.
5. From in or about December 1981 to on or about October
11, 1984, the United States Government, acting principally
through the CIA, pursuant to written presidential findings,
provided the Contras with financial support, arms and military
equipment, as well as supervision, instruction, tactical and
other advice, coordination, intelligence and direction.
6. On October 12, 1984, Public Law 98-473 was enacted
and expressly prohibited funds available to the CIA, as well as
certain other agencies and entities of the United States, from
being obligated or expended in support of military or
paramilitary operations in Nicaragua, stating in relevant part:
During fiscal year 1985, no funds available to
the Central Intelligence Agency, the Department
of Defense, or any other agency or entity of the
United States involved in intelligence
activities may be obligated or expended for the
purpose or which would have the effect of
supporting, directly or indirectly, military or
paramilitary operations in Nicaragua by any
nation, group, organization, movement, or
individual.
This provision of law was'commonly known as the Boland
Amendment. On October 19, 1984, staff members of the CIA's
Central American Task Force informed CIA personnel stationed in
Central America by cable that the Boland Amendment "clearly
end[ed) U.S. support for the war in Nicaragua" and prohibited
"any expenditure, including those from accounts for salaries
and all support costs" for the purpose of such support.
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7. On August 12, 1985, Congress modified the Boland
Amendment by approving $27 million for humanitarian assistance
to the Contras and permitting the United States Government to
exchange information with the Contras.
8. On December 4, 1985, Congress passed modified
restrictions on Contra aid for fiscal year 1986. This
legislation authorized the provision of S3 million for
communication equipment and communication training for the
Contras. In addition, it allowed United States Government
employees to provide "advice" to the Contras on the "effective
delivery and distribution of materiel." Congress, however,
retained the prohibition upon the CIA and other agencies or
entities involved in intelligence activities from engaging in
activities "that amount[ed) to participation in the planning or
execution of military or paramilitary operations in Nicaragua
by the Nicaraguan democratic resistance, or to participation in
logistics activities integral to such operations." In November
1985, in anticipation of this legislation, staff members of the
CIA's Central American Task Force informed CIA personnel
stationed in Central America by cable of this restriction.
This prohibition remained in force until October 18, 1986, when
Congress authorized the CIA to provide military aid to the
Contras.
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THE DEFENDANT
9. At all times relevant to this Indictment, the
defendant JOSEPH F. FERNANDEZ was an employee of the CIA,
serving as the senior CIA officer in Costa Rica. As the senior
CIA officer, the defendant FERNANDEZ had immediate control over
and responsibility for all CIA operations in Costa Rica. The
defendant FERNANDEZ reported to and received supervision from
the Chief of the CIA's Central American Task Force, who was
stationed at CIA headquarters in Langley, Virginia.
THE CONSPIRACY AND ITS OBJECTS
10. From the late spring or early summer of 1985 up to
and including at least January 1987, in the District of
Columbia and elsewhere, the defendant JOSEPH F. FERNANDEZ,
together with others known and unknown to the Grand Jury,
unlawfully, willfully and knowingly did combine, conspire,
confederate and agree together and with each other:
(a) to defraud the United States by impeding, impairing,
defeating and obstructing the lawful governmental functions of
the United States, including compliance with legal and
administrative restrictions governing the conduct of military
activities and covert actions and congressional control of
appropriations and exercise of oversight for such activities,
by deceitfully and without legal authorization organizing,
directing and concealing a program to continue logistical and
other support for military and paramilitary operations in
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Nicaragua by the Contras, at a time when the prohibitions of
the Boland Amendment and other legal and administrative
restrictions
(b) to
including:
on the execution of covert actions were in effect;
commit offenses against the United States,
(1) Violations of Title 18, United States Code,
Section 1505, Obstructing an Inquiry Being Conducted By The
President's Special Review Board (the "Tower Commission"), as
alleged in Count Two of this Indictment;
(2) Violations of Title 18, United States Code,
Section 1001, Making False and Misleading Statements to
Government Agencies, to wit, the Tower Commission and the CIA's
Office of Inspector General, as alleged in Counts Three through
Five of this Indictment.
THE BACKGROUND OF THE CONSPIRACY
11. In order to continue activities in support of the
Contras and to conceal those activities following the enactment
of the Boland Amendment in October 1984, members of the
conspiracy enlisted and utilized private individuals to provide
lethal military weapons and supplies to the Contras.
12. In the middle of 1985, members of the conspiracy
established a clandestine supply network to support military
and paramilitary operations in Nicaragua by the Contras. To
promote these operations, members of the conspiracy purchased
aircraft, recruited and employed pilots, crews and other
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individuals, and arranged for the use of a military airfield
and warehouse
their role in
other things,
not to reveal
conspiracy in
in a Central
creating and
American country. They concealed
maintaining this operation by, among
instructing the
Individuals they had
recruited
the participation of specific members of the
these activities and not to disclose the use of
intervening corporate entities. The network of individuals
working under the direction of certain members of the
conspiracy came to be known as the "private benefactors."
T mEA_EF___RAC
13. In the middle of 1985 and thereafter, in order
further to assist the Contras in Nicaragua, the defendant
JOSEPH F. FERNANDEZ worked in coordination with his co-
conspirators in establishing a clandestine supply network to
support military and paramilitary operations in Nicaragua by
the Contras and, among other things, undertook to enable the
Contras to engage in military operations in southern Nicaragua
(the "Southern Front").
14. In August 1985, the defendant
on several occasions in Costa Rica with
JOSEPH F. FERNANDEZ met
an associate of a co-
conspirator and discussed various strategies to accomplish the
formation of a Southern Front, including the resumption of
combat by Contra forces in southern Nicaragua and the
construction of an airstrip in northern Costa Rica.
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15. In August 1985, the defendant JOSEPH F. FERNANDEZ
undertook to locate a site for and begin construction of a
clandestine airstrip in northern Costa Rica that could be used
to assist the resupply of lethal military supplies to the
Contras.
16. In the late summer or early fall of 1985, members of
the conspiracy, in coordination with the defendant JOSEPH F.
FERNANDEZ and others, and to conceal their participation in
these activities, enlisted an individual and utilized Udall
Research Corp., a Panamanian corporation, to acquire land in
northwest Costa Rica for construction of an airstrip to be used
for the delivery of lethal military supplies to the Southern
Front. Throughout the fall of 1985, the defendant JOSEPH F.
FERNANDEZ met regularly with this individual in order to
coordinate the construction of the airstrip.
17. In the fall of 1985 and the winter of 1985-86, while
the airstrip was being built, the defendant JOSEPH F. FERNANDEZ
took additional steps to strengthen the military capabilities
of the Contras along the Southern Front. By promising Contra
leaders that he would support them with military supplies, the
defendant FERNANDEZ caused Contra forces inside Costa Rica to
return to Nicaragua and continue fighting the Sandinista
forces.
18. Beginning in January 1986, in order to ensure the
secrecy of the communications between the defendant JOSEPH F.
FERNANDEZ and others within the private benefactor network, a
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member of the conspiracy obtained a number of secure
communication devices from a United States Government agency.
In January or February 1986, one of these secure communication
devices was delivered to the defendant FERNANDEZ.
19. Between January and early April 1986, the defendant
JOSEPH F. FERNANDEZ and his co-conspirators, in coordination
with private benefactors, made attempts to deliver military
supplies to the Contra forces then located along the Southern
Front. In connection with these attempts, the defendant
FERNANDEZ identified the location of Contra forces that were
prepared to receive an air drop of supplies, and notified those
forces of the date and time of delivery.
20. On or about April 11-12, 1986, the defendant JOSEPH
F. FERNANDEZ, along with his co-conspirators, caused the
successful aerial delivery of lethal military supplies to
Contra forces. Following this successful air drop, the
defendant FERNANDEZ sent a secure message to a co-conspirator
in which the defendant FERNANDEZ described his plans for
expansion of the Southern Front military forces.
21. Between the middle of April and September 1986, the
defendant JOSEPH F. FERNANDEZ, along with his co-conspirators,
continued to direct the delivery of lethal military supplies to
the Contras in southern Nicaragua. On approximately eight
occasions during this period, Contra forces received deliveries
of weapons and ammunition based upon the defendant FERNANDEZ's
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designation of the locations where and the troops to whom the
lethal military supplies were to be dropped.
22. In June 1986, in order to conceal the secret resupply
operation being directed by the defendant JOSEPH F. FERNANDEZ
and his co-conspirators, a co-conspirator sent a secure
communication to the defendant FERNANDEZ advising him of steps
being taken to shield the defendant FERNANDEZ and his co-
conspirator from being held responsible for directing the
resupply operation in the event that the operation became
exposed.
23. In late September 1986, to conceal and cover up the
conspirators' illegal activities, the defendant JOSEPH F.
FERNANDEZ made a false and misleading statement to an employee
of the CIA's Central American Task Force when the defendant
FERNANDEZ was questioned about the CIA's role in the
construction and operation of the airstrip in northern Costa
Rica.
.24. In November and December 1986, following the shooting
down in October 1986 of an aircraft that was attempting to drop
supplies to the Contras in Nicaragua, the defendant JOSEPH F.
FERNANDEZ was directed by an attorney assigned to the CIA's
Central American Task Force to document any involvement the
defendant FERNANDEZ had with the private benefactor network and
the lethal resupply of the Contras. The defendant FERNANDEZ,
to conceal and cover up the conspirators' illegal activities,
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submitted incomplete and unresponsive cables to officers of the
CIA's Central American Task Force.
25. In January 1987, to conceal and cover up the
conspirators illegal activities, the defendant JOSEPH F.
FERNANDEZ made false and misleading statements to a member of
the CIA's Office of Inspector General concerning, among other
things, the nature of the defendant FERNANDEZ's involvement in
the construction of the airstrip in northern Costa Rica, the
extent of the defendant FERNANDEZ's contacts with members of
the conspiracy, and the extent of the defendant FERNANDEZ's
involvement in assisting the lethal resupply of the Contras.
26. In January 1987, to conceal and cover up the
conspirators' illegal activities,
the defendant
FERNANDEZ made false and misleading statements
conducting a fact-finding inquiry on behalf of
Commission concerning, among other things, the
of the conspiracy in assisting the lethal resupply
Contras as well as the defendant FERNANDEZ's own role
supporting the Contras.
JOSEPH F.
to investigators
the
Tower
role of a member
of the
OVERT ACTS
in
27. The following overt acts; among others, were
knowingly committed and caused to be committed, in the District
of Columbia and elsewhere, by the defendant JOSEPH F. FERNANDEZ
and his co-conspirators in furtherance of the conspiracy and to
effect the objects thereof:
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(1) On June 28, 1985, in Miami, Florida, Oliver L.
North and Richard V. Secord met with, among others, Adolfo
Calero, a Contra leader, and Enrique Bermudez, the Contras'
military commander.
(2) In August 1985, in Costa Rica, the defendant
JOSEPH F. FERNANDEZ met with, among others, Robert W. Owen, an
associate of Oliver L. North, to discuss the construction of an
airstrip and other means to support the Contras.
(3) In August 1985, in Costa Rica, the defendant
JOSEPH F. FERNANDEZ directed CIA officers to survey and select
a site for the construction of an airstrip to support the
lethal resupply of the Contras.
(4) In September 1985, in Vienna, Virginia, Oliver
L. North and Richard V. Secord met with William Haskell, a/k/a
"Robert Olmsted."
(5) In October 1985, Oliver L. North and Richard V.
Secord caused William Haskell, a/k/a "Robert Olmsted," to meet
With the defendant JOSEPH F. FERNANDEZ in San Jose, Costa Rica.
(6) In or about late 1985, in Costa Rica, the
defendant JOSEPH F. FERNANDEZ directed a CIA officer to meet
with and train members of the Contra
JOSEPH F.
Oliver L.
Columbia,
S.
(7) In January 1986, in Costa Rica,
FERNANDEZ met with Rafael Quintero,
North and Richard V. Secord.
(8) Beginning in January 1986,
Oliver r
the defendant
an associate of
in the District of
North obtained certain secure communication
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devices belonging to an intelligence agency of the United
States Government.
(9) In or about January or February 1986, in Costa
Rica, the defendant JOSEPH F. FERNANDEZ travelled with Rafael
Quintero and others to inspect the site of the airstrip being
built in northern Costa Rica.
(10) In or about January or February 1986, in Costa
Rica, the defendant JOSEPH F. FERNANDEZ received from Rafael
Quintero a secure communication device that had been obtained
by Oliver L. North.
(11) In the spring of 1986, in Costa Rica, the
defendant JOSEPH F. FERNANDEZ directed a CIA officer to meet
with and train members of the Contras.
(12) In March 1986, in the District of Columbia, the
defendant JOSEPH F. FERNANDEZ met with Richard V. Secord,
Rafael Quintero and others to discuss the airstrip in northern
Costa Rica.
(13) On or about April 11-12, 1986, in Costa Rica,
the defendant JOSEPH F. FERNANDEZ assisted Oliver L. North,
Richard V. Secord and others in the delivery of weapons and
supplies to the Contras' Southern Front.
(14) Between the spring and fall of 1986, in Costa
Rica and elsewhere, the defendant JOSEPH F. FERNANDEZ sent to
and received from Oliver L. North and Rafael Quintero by a
secure communication device numerous messages concerning the
lethal resupply of the Contras.
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(15) Between June and September 1986, in Costa Rica
and elsewhere, the defendant JOSEPH F. FERNANDEZ, together with
members of the conspiracy, directed the delivery of
approximately eight shipments of weapons and supplies to the
Contras' Southern Front.
(16) In late September 1986, in Langley, Virginia,
the defendant JOSEPH F. FERNANDEZ made a false and misleading
statement to a staff member of the CIA's Central American Task
Force regarding the airstrip in northern Costa Rica.
(17) In or about November and December 1986, in Costa
Rica and elsewhere, the defendant JOSEPH F. FERNANDEZ sent
cables to officers of the CIA's Central American Task Force.
(18) In January 1987, in Langley, Virginia, the
defendant JOSEPH F. FERNANDEZ made false and misleading
statements to a member of the CIA's Office of Inspector
General.
(19) In January 1987, in Langley, Virginia, the
defendant JOSEPH F. FERNANDEZ made false and misleading
statements to investigators conducting a fact-finding inquiry
on behalf of the Tower Commission.
(Violation of Title 18, United States Code, Section 371.)
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COUNT TWO
(Obstruction of the Tower Commission)
The Grand Jury further charges:
1. Paragraphs 1 through 27 of Count One of this
Indictment are repeated, realleged and incorporated by
reference herein as if fully set forth in this Count.
2. On or about January 21, 1987, in the Eastern District
of Virginia, the defendant JOSEPH F. FERNANDEZ unlawfully,
willfully and knowingly did corruptly influence, obstruct and
impede and endeavor to influence, obstruct and impede the due
and proper administration of the law under which a pending
proceeding was being had before a department and agency of the
United States, to wit, the Tower Commission's conduct of a
fact-finding inquiry on behalf of the President, by making
false, fictitious, fraudulent and misleading statements and
representations to investigators of the Tower Commission, all
for the purpose of concealing and causing to be concealed
material facts.
(Violation of Title 18, United States Code, Section 1505.)
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COUNT THREg
(False Statement to the Tower Commission)
The Grand Jury further charges:
1. Paragraphs 1 through 27 of Count One of this
Indictment are repeated, realleged and incorporated by
reference herein as if fully set forth in this Count.
2. On or about January 21, 1987, in the Eastern District
of Virginia, the defendant JOSEPH F. FERNANDEZ unlawfully,
willfully and knowingly did make and cause to be made a
material false, fictitious and fraudulent statement to a
department and agency of the United States, to wit, the Tower
Commission, in a matter within its jurisdiction, to wit, the
examination of the role of the NSC staff in national security.
operations, as follows: that the defendant FERNANDEZ did not
know for a fact that Oliver L. North had been involved in
assisting the resupply of the Contras.
3. That statement and representation was false,
fictitious and fraudulent because in truth and in fact, as the
defendant JOSEPH F. FERNANDEZ then and there well knew and
believed, among other things, Oliver L. North had been involved
in assisting the resupply of the Contras.
(Violation of Title 18, United States Code, Section 1001.)
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Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001300110016-4
COUN FOUR
(False Statement to the Tower Commission)
The Grand Jury further charges:
1. Paragraphs 1 through 27 of Count One of this
Indictment are repeated, realleged and incorporated by
reference herein as if fully set forth in this Count.
2. On or about January 21, 1987, in the Eastern District
of Virginia, the defendant JOSEPH F. FERNANDEZ unlawfully,
Willfully and knowingly did make and cause to be made a
material false, fictitious and fraudulent statement to a
department and agency of the United States, to wit, the Tower
Commission, in a matter within its jurisdiction, to wit, the
examination of the role of the NSC staff in national security
operations, as follows: that the defendant FERNANDEZ did not
know tht the supplies the defendant FERNANDEZ assisted in
delivering to the Contras in September 1986 contained weapons
and ammunition.
3. That statement and representation was false,
fictitious and fraudulent because in truth and in fact, as the
defendant JOSEPH F. FERNANDEZ then and there well knew and
believed, among other things, the supplies that the defendant
FERNANDEZ helped deliver to the Contras in September 1986
contained weapons and ammunition.
(Violation of Title 18, United States Code, Section 1001.)
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COUNT F VE
(False Statement to the CIA's Office of Inspector General)
The Grand Jury further charges:
1. Paragraphs 1 through 27 of Count One of this
Indictment are repeated, realleged and incorporated by
reference herein as if fully set forth in this Count.
2.
On or about January 11,
of Virginia, the defendant JOSEPH
1987, in the Eastern District
F. FERNANDEZ unlawfully,
Willfully and knowingly did make and
cause to be made a
material false, fictitious and fraudulent statement to a
department and agency of the United States, to wit, the CIA's
Office of Inspector General, in a matter within its
jurisdiction, to wit, the investigation of unlawful and
unauthorized CIA support for military and paramilitary
operations in Nicaragua by the Contras, as follows: that a
project to build an airstrip in northern Costa Rica in 1985 was
an initiative of the Costa Rican government to be used for
training activities by Costa Rican forces in preparation for a
Possible Nicaraguan invasion of Costa Rica.
3. That statement and representation was false,
fictitious and fraudulent because in truth and in fact, as the
defendant JOSEPH F. FERNANDEz then and there well knew and
believed, among other things, the project to build an airstrip
in northern Costa Rica was not an initiative of the Costa Rican
government, but rather was an initiative of the defendant
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