NEW YORK TIMES ARTICLE ENTITLED,' THE QADDAFI CONNECTION'

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CIA-RDP96B01172R000100040007-1
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August 3, 2005
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June 16, 1981
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Approved Fo*lease 2005/08/16: CIA-RDP96B011 0000100040007-1 16 JUN 1981 MEMORANDUM FOR: Deputy Director for Operations FROM: Harry E. Fitzwater Deputy Director for Administration SUBJECT: New York Times Article Entitled, "The Qaddafi Connection" 1. In the 14 June 1981 edition of the New York Times, an article by Seymour M. Hersh reported that a group of former CIA employees had been, among other things, using their former employee status to obtain classified information and material from Agency contractors for illegal sale to foreign governments. In this regard you asked for an outline of how classified material is pro- tected from unauthorized third person or foreign government access. There are several regulatory issuances governing these procedures, all of which stem from various federal statutes and Executive Orders. Specifically these publications are: a. Standard Security Procedures for Contractors, dated 1 May 1979; b. Security of COMINT and/or TALENT-KEYHOLE Controlled Information Provided to or Produced by Agency Contractors; c. BYEMAN Industrial Security Manual, dated November 1969; d. U.S. Intelligence Community Physical Security Standards for Sensitive Compartmented Information Facilities, dated 23 April 1981; Acquisition Handbook, dated 15 May 1980. 2. In addition to the above, every contract incorporates boiler pla4e language regarding security and nonpublicity and specific provisions for adherence to security requirements, Approved For Release 2005/08/16 : CIA-RDP96B01172R000100040007-1 Approved Foo lease 2005/08/16: CIA-RDP96B0110000100040007-1 classification, default for nonperformance on security issues, need-to-know, etc. There is also a Contractor's Secrecy and Security Agreement, signed by corporate officers, which incorporates similar language. Each Request for Proposal requires specific responses from the contractor as to their security plan and com- pliance with security regulations and protection of Agency classified information. There are various Agency regulations governing Agency employees' responsibilities in this regard. Of particular note is I regarding relationship with former employees. STAT by: 3. These regulations, procedures and standards are promulgated a. Security clearances and security approvals for Agency and contractor employees. This includes back- ground investigations and, where applicable, polygraph examinations. b. EOD processing (Agency employees), and initial briefings by the Contractor's Security Officer (CSO). c. Secrecy Agreements which legally bind individuals in all aspects of classified information protection. d. Reindoctrination, continuing security education programs, reinvestigation.and repolygraph programs which cover the issue of unauthorized dissemination of classified information. e. Upon resignation or retirement, debriefings and termination secrecy agreements. f. Monitoring of security performance throughout the employee's tenure for both Agency and contractor employees. g. Security lectures at the Project Officer in the Contractor Cycle Course (POCC) and other training involving Contracting Officers, Project Officers, and Industrial Security Officers. h. Periodic industrial contractor conferences. i. Industrial security officers training program. j. Guidance and advice from security staffs and individual security officers assigned to each contracting element. Approved For Release 2005/08/16 : CIA-RDP96B01172R000100040007-1 .Approved Fo*lease 2005/08/16: CIA-RDP96B0l l *000100040007-1 4. Protective measures and compliance with security require- ments are monitored by review of all contractual documents and proceedings throughout , the; pr-ocurement process; inspections and reinspections of contractor facilities by. contracting element Industrial Security Officers; and security audits by the Office of Security's Industrial Security Branch. Monitoring is handled industrial contractorso Ideally, contractor facilities are inspected semiannually for contractors on sensitive programs, and annually for all others. Audits are projected for a two-and-one-half-year cycle. The purpose of these inspections and audits is to ensure compliance with all pertinent security requirements, to evaluate the contractor's security program and to make recommendations to 1) fulfill requirements; 2) correct deficiencies; or 3) enhance existing programs. There are detailed reporting, reviewing and follow- up procedures to ensure that recommendations are complied with or resolved to the satisfaction of the Agency and the contractor. STAT 5. Inspections, audits and recommendations cover every aspect STAT of security. Some of the specific key issues covered are: 3 Approved For Release 2005/08/16 : CIA-RDP96B0l172R000100040007-1 Approved Fo0lease 2005/08/16: CIA-RDP96B011 000100040007-1 6. As you can see, the regulations and requirements for protection of classified material in industry are all-encompassing, for both Agency and contractor employees. Much of the strength of the Agency's present Industrial Security Program results from the Boyce and Lee case. After that incident, the program's scope was greatly expanded and augmented with additional personnel in contracting element security staffs. Security education was revitalized and given greater emphasis within the Agency and the contractor facilities. Background investigation and reinvestiga- tion criteria were strengthened. The adjudication process was reviewed and made more stringent. A program of unannounced com- prehensive security audits was instituted. A total of 205 of these audits have been conducted since this program began in the summer of 1977. The Inspector General was tasked with periodic reviews of the industrial contracting process to include industrial security. Much of the stronger and more specific security language in contracts was added after this incident. Of course, none of these regulations, procedures and requirements are immune to cir- cumvention by personnel who would violate U.S. laws and personnel secrecy declarations. For this reason they are continually under review for effectiveness and current applicability. However, the present procedures incorporate reporting procedures designed for the early detection of aberrations or possible violations and they bring these items to the attention of the appropriate Agency officials. Harry E. Fitzwater Attachment: New York Times Article Approved For Release 2005/08/16 : CIA-RDP96B01172R000100040007-1 Approved Folease 2005/08/16: CIA-RDP96B011 000100040007-1 SUBJECT: New York Times Article Entitled, "The Qadda:Fi Connection" STAT ORIGINATOR: 16 JUN 1981 ot Security Distribution: Orig & 1 2 1 1 STAT PTAS/PSD/IS - Adse 1 - DDCI - DDA - D/SEC - D/SEC OS Registry PTAS/PSD/ISB Subject PTAS PSD/TSB Chrono Fns(16 June 81) Approved For Release 2005/08/16 : CIA-RDP96B01172R000100040007-1 pproved Fo lease 2005/08/16: CIA-RDP9613011 000100040007-1 lye years ago, twoo former'' operatives of-. the United States Central. Intelligence., Agency -Edwin P_ Wilson=! and Frank E_ Terpii -made a. business deal with Col..: Muammar, - el-Qaddafi, the-; r..mrwoem ruler of Libya..: In essence, the . former (7.j .A - men,, A6:Xiad_ie- come part ners? in-.. an art-import business, a t.aseiLColonee1 Qaai dafi. their accumulated years._ot.American intelIi-ence-agenc contacts, : experi- ence antic expertise. Theirs was a prod- uc at could not be purchased on the, open market. The colonel, who boasts. of supporting terrorism in the Middle- East, Europe and Africa and who has been attempting to set up his own new federation of Arab and Moslem states, was willing - and able; because of his vast oil wealth-topaydearly. . As a result.-the two- Americans, ac- cording to Federal investigators, have made millions of dollars aiding Qaddafi in his drive to export terrorism and. build his own. Middle Eastern power. Under cover of their eft-#apaxt busz:ness, Wilson and Terpil are said to ; have-helped Li anu actur-: ing plants o a production o? assassi- naion wee omens To eve themselves helped Qaddafi plan political assassi nations; to have recruited dozens of for- mer Green Berets to teach Libyan Sol- diers and Arab terrorists how to handle volatile explosives-how, for example, to turn ashtrays into weapons of terror; to have illegally shipped arms explo- sives to n g and fraudulent State Department export . _ tahave irivolvei3 _tbg past C .1-A 1:aders who seem unableto #ormer C~I~ emoloyees in their pace fully the iiaticcaie_case. It Pml t sofa cininability of the Govern, " iformatiorr about the Qaddafi .con-. ment's investigative and Iaw. nforce- nection has been known by the Govern- went agencies, disrupted by internal jeal- ment since the fall of 1978. It was then that- Kevin P. Mulcahy, at the time a. partner- of. Wilson and Terpil. ap- 'proached the C.I.A.- and.the Federal Bureau- of.. Investigation with grave= doubts about the legality and ethics of ousies and feuding; to perform effective-. - ly. It suggests that a moral climate exists inside and on the edges of the intelligence community which results in the subver- sion of national goals to personal gain. Ed Wilson was running what -his company's business dealings with, amo aced versionoLhe Muicah may- Libya. y; a former C.I.A. em-- mili di --trial complex in which ployee who had spent six months inside- . forZner ancl:mllilg"=tplo3r,..s the. Wilson.. erpii .operation. would have put. their Governm!_ 14e spend hundreds of hours, over the next few years, providing the Government with firsthand knowledge.. -Kevin Mulcahy has now decided to. tell his story publicly for the first time. Hers tired of waiting for this segment of his life to end. He wants. to be listed again in-the telephone directory, to hold a driver's license in his own name, to vote, to own property; to stop living as if he-and not Wilson and Terpil-had been indicted for wrongdoing. He feels he is forced now. in effect, to give his testimony in the pages of The New York . Times.. The essentials of his ' account . have been verified where- possible through secret documents and in inter-. views with key members of the State Department, the Justice Department, the F.B.L, the United States Attorney's office in Washington, as well as.with Stansfield Turner, the former head of Central Intelligence, and other high C.I.A. officials. ^? The Wilson-Terpil case is a story of Americans who.meet secretly in bars and board rooms to arrange the illegal sale of electronic-spying equipment and terrorist Seymour M. Hersh, a former New York ? weapons, and of Americans who train as- Times reporter, is now at work on a sassins abroad. It is a story of an old-boy book about Henry Kissinger to be pub- network of former C.1 lives and contacts and knowledge to tzs f~ nr large persona monetary Fain. regardless of ih6 image -y will do to their own lea eau with a num r o American manu actur~zsvt o have sp:cialized in worknn" g for. the C.I.A. and o ntelli- gence agencies in supp vino military g an highly class echnicat equip estions that should nor ma aasked - Are a sa es o ri- cia v auihariaed? Are they ega'.? Do -the - t~ardize nations security? -- are not. Senior Government officials, in recent interviews, acknowledge that. American expertise is being trans- ferred abroad in unprecedented fash- ion. The phenomenon, krovn in tie bu- reaucracy as-"technnlogy transfer," is one apparent result of the declining mo- rale is amide the intelligence community and the increasing profits available. These officials say that nations such as Chi e, outh Korea, Brazil. Argentina, Taiwan, ou nca . raand aki- stan ave been able to purchase the very latest American equi mp ent and t oloy min cim croon atiotts mili- tary arms computer science and nu clear evelopment= with or witiput autiorizatioit from the Unii States Government. - fished by Summit Bp roved For Releas MSMSM ? 1000 181 0ethiglrlevels. inside the Carter NEW YORK TIMES Approved Folease 2005/08/16: CIA-RDP96B011 .000100040007-1 at airports thraighoul the world con- tained only a composite drawing. Ter-. pi1 also told Mulcahy that Ramirez was living in barracks No. 3 at the former \Yheelus United States Air Force base: in Libya. Terpil seemed awed by Rami- rez, Who was accompanied at the party by Sayad Qaddafi, chief of Libyan intel- ligence, identified by Terpil as Qadda- fi's cousin and the second.most power- ful man in Libya.. Mulcahy was now in far too" deep and: he knew it_ . It was late August. and-Sohn Harper -and other. Wilson-Terpil- employees .were at work inTripoli setting up the munitions. 'laboratory ..fort terrorist. bombs and a training program for their, effective use.. Wilson and Terpil made it :-clear to Mulcahy thatthey did not want: him to gc to Liby Iutrahy kept: hi- now grave doubts to himself and conbn-. ued on?his business' trip, moving :cn to Copenhagen : ' and--: another series of. meetings. Terpil returned to Libya, and he and Wilson suddenly dispatched an. urgent cable to Copenhagen: My was to breast" off his trip and return to.; Wa-_,,T ngton to open ne otiatioras tore W ith . 2r -..)-.Dynamics Co. lion for the nirrk ?gr a p ipa cl- eye ~toa.ir rnistdies. Gereralj~y_ n r cs" fia~C ~v~..siLged inn trade4aur. nals that it had 13 Redeyss for sale to l e- gally acceptor a buers The missile, wh-Ith. 'co-M not 5eexported to Libya under the law, is shoulder-launched and. -has a heat-seeking component that en-, ables it to tracts and destroy aircraft in flight. It had been used extensively and' successfully by the Israelis during the- 1973 war.. " My problem was not to worry about the paperwork," l`,Yulcahy says. "Terpil and Wilson had a pilot in : Pennsylvania who would fl3 anywhere., -Once he got over the- water" -- and. away from American legal jurisdiction --- "he would change the paper." If the Redeye had been purchased, the pilot would. simply change the intemled re- cipient listed on the' export Iicense, from an approved ally, such as those in NATO, for example, to Libya. -Altering the State Department's ex-port license. known officially- as the- end-user certificate, was considered so' much a normal part of the arms busi- ness by Wilson and Terpil that Mulcahy had been authorized to quote prices 8 percent to 12 percent higher if the sale also required supply of the certificate- Mulcahy was unnerved by his sudden= assignment and discussed it with an as- sociate in Copenhagen-- a foreign m ill-Mary attach, stationed i Denmark whd .had a reputation for legitimate opera- lions. "My friend told me that the-only reasgn',Libya.would want or_e Redeye. was for use in a terrorist attack,". Mul- cal,y says. "We speculated that-Qad dafi probably wanted to be-the-first to: ,shoot down- x.747: To lit a fully loaded" . passenger plane in flight would Na- big= ger than-;tlx destruction. of planes? at Date`son= Air''r n i 3ordarp>?>. -when :P.L.& terrorists h 197D blew up,thre 'international airliners and heist. scor of passengershcstag _ Mulcahy had a leisurely dinzi .and; began walking the stre ets of Cc em He couldn't sleep: He llrip~ heandTerpilhadtakenn ton;?^ cared I3 efenseApiara'1- inn: Hartf rd Conn- where Terpil:'iscu_t t;ossible wouf~rotect humansg~.~taradic~- acri ty Could the Redeye carry a nu--: clear warhead? Heknew now he would- alit watched. the-sunrise-corn -in-Cam. penbagen.".: Mulcahy ~ :'recalls,- :`'and lmew what Lhad- to-do-get.bacsk:to Washington fast..I.had.to fintkcut what:. paperwork. existed in.tha.InterT . nology_offices. he, shared with Wilson: 'ar.d Te_pil_.?'I,-.felt that Fran.'c_ond E& were-:giving' Qaddafi:. an_y`:gc;dciamn thingheasked for-" Kevin Mulcahy goes underground- to-save his life .The_Governinent_ drags its feet in the arms-ee,cport in= -vtigatiori; . while; someormer_ American C.I.A:'and militarymeT.:. continue exporting the hardware of -::terrorism ---- timers; and: expIo- sives -for- example 6zd 'arai . Libyans forassa_samation: Approved For Release 2005/08/16 : CIA-RDP96B01172R000100040007-1 . men g . . -. _ .. . n eii:l...,.+.,,ar~f rn.rvnr~r fnrtha ('_ T.'A.'_c Tol"Cti-157y-.crsecret:Navy, integligen,_ . -Connection. arxl_ -was:. a: pars:- or- Tas,. talli ante services ti hasbuiltupduririgmore than 20years blflcc3Amen r,_an, :, 'X .-verr muc,.:-.a 11-u- weapons dealer are- the contacts- he,.. charming and _Y 'A Edwin P Wilson is invariably de-- pr.se in am interview upon being told.: . picted by former.' as.. fates as-' A. of his officiallisting:"I never knew.L charming- charismatic, , effective,. -was. on, the. board Gray said; "I rough-and-ready. 6-foot4 swashbuc'k-- never- was: invired- to, a-board`meet~ Ierwhoexcelled inhismilitary and in- ina_ 11e--ackriowiedged'that he- has telligence career. But thereal'reasons : had a racial and business relationship' :for. his. success-'ass an. international- with Wilson;,-Whom' he al crm as- ' p pose ?:waw. Lo; conduct export unport_ ? opz~ration_~; -but that- function was a operatives from Taiwan anal secrsi fe itierminsidemainland China rr'mg ':- L1itCZ11C,UV1xas ya?a.~. ava..++.- .+?-?--- --_ the I~lavy:.Tbe firm's ostensible pur: The unit also was:charged-with?therei'. onsibility.of pic~cin' up intelllgenc&-- s organizea - - -- , .: In:L[zeIate6a5. hehelps Washington firm: called Consultants,. watcYxedfor the=;COV?rtshiprnent. of ./ ....:1:>nvxr.n... l ant~_nt7f`} R>AY CVPA7X1f14 ...YGl Yli,~ J4 %-L l..ceu i??w, va.r>?.a.. > _-.... .' Soviet swpp,n~ _1t. reporte-& not- only time -&-contract employee ut19a5' ::. . on :. i outine-. ca go- items-: bu alp d . I rice. - where they-woulcl~implant'se~rsitive operations- "A r:irlirt Pstulm- -Tin ..on -w first-name basis with big :.. and:was iwvol 4in the procurement= names in Congress and the Senate. It of: equipment forclandestiner-Navy was always like the Government was operations ..Duriri c the Bay of Pigs; he. su1.;urting us." Robert Keith Gray, wasassignedasapaymasterandhan an influenrial public=relations man died procurement =as= wel E. He later. known for his close ties to the Eisen- served i;r Southeast Asia:. and. Latin . bower, Nixon and Reagan Adminis- America ".. The men working for him were con- was eventually`appointed to-a ni'TTL, -vinced that he was still active in of official positioris:He alsu=was in=:; :CJ.A:.., intelligence operations.. I valved in Congressional lobbylng-on thought he. was reporting directly to. behalf.of;the.union.'and?-apparently. the President;!'"one former associate began then forming his_clo-relation = uential recalls. "Ed still must be sanctioned-- shin: with- a number ol.,infl by the U.S. Government- The people I members of Congress Wilson becsar:re met yvere iraure5sive_ Ai1 of a-sudden a C.I.A~ specialist on-,maritime-issues. ernments ort_ his =; procurement con-. the .50's wasto-infiltrate: tae.Seatar- "..iracts.:`:? err International Union hrwhiCirhe can manufacturers and foreign gov=- ::: utils T I'S first GI' assignment" MI rraa of-tt-errrwit,`u military-or intellu -tii2ttsome of z?' rrsitiv?~t, --gencebackgrounds,and, according to designed solely for useirside.China, Federal Officials,---was.. . routinely re- = was appearing for-sale in the interna- r s intellr- .: r- t m e rations- eere.. ~ed} O r the next few years lu getaee-activities were combined and after. presidenr Picr_ard. M'.-Nixon-T. inmglec} wittz his private- operations.: Vii[ to Peidng m-1972,: and C r.A. oftf=. He- hired:-. a. number-- of. associates, ', clais were_'astonished to iearrr later trations, was among.-those listed as a -. _A full accounting' of- Neilson s con-- member of the board of Consultants 'nections and business activities may International for five years, begin- never be known. He has .boasted:. of ning in 1970. However, Gray, who having a controlling interest in more served as co-chairman of Reagan's than 100. corporations, it- the United Inaugural Committee: expressed sur? States and Europe.-S.M.H::' Approved For Release 2005/08/16: CIAIRDP96BOl172ROOQ100040007-1 Approved Fo 7ha V ai Co a d3o i/ ?m-12 In 1976, a former Central .Intelligence Agency analyst revealed to Federal authorities the link between two former C.I.A. men and Libyan terrorism --only to face four years of delays in the investigation before indictments were brought against those men, who remain at large to this day. lease 2005/08/16: CIA-RDP96B011 000100040007-1 NEW YOR:C TL'ES MAGAZINE 21 JUNE 1981 Five years *ago, two former opera- tives of the Central Intelligence Agency made a deal with Col. Muammar el- Qaddafi to supply the Libyan strong- man with explosives for huge sums of cash. They also hired former. Green Berets to set up a secret training school to teach the Libyans the latest tech- niques in assassination and interna- tional terrorism. As a cover for these operations, the two men, Edwin P. Wil- son and Frank E. Terpil, operated sev- eral seemingly legitimate export com- panies. To head one such company, they hired another former C.I.A. em- ployee, Kevin P. Mulcahy. For a long time, Mulcahy let himself believe that the entire operation was really part of an unofficial but approved American intelligence operation being carried out by an "old-boy" network of former Government workers, intelligence agents and Green Berets with strong and lasting connections to 'Washington officialdom. In this, the second of a two- part series, Mulcahy discovers that the Qaddafi connection is illegal and not an intelligence operation, and, at consid- erable personal risk, goes first to the C.I.A. and then to the F.B.I. Approved For Release 2005/08/16: CIA-RDP96B0l172R0001000400 Approved Fo lease 2005/08/16: CIA-RDP96B011 000100040007-1 * NEW YORE TIMES 0 2 3y Sa7oUr Id. Hersh hortly before midnight an a muggy Washington Sunday in September 1978, Kevin P. Mulcahy, a former C.I.A. analyst who was then in the export business, telephoned the duty officer at agency headquarters in - McLean. had also agreed to set up a training school to teach Libyans the latest in the techniques of terrorism and political- assassination. Only days before, Mul- cahy told Shackley, he had been or- dered to purchase an American-made Redeye missile, a weapon capable of sicoting down a commercial 'airliner, for delivery to the Libyan ruler. Mulca- hy's two business partners, Edwin P. Wilson and Frank E. Terpil, who had brought Mulcahy into the firm, were themselves former C.I.A. operatives.. Now, on the telephone, Mulcahy asked Shackley: "Is this a C.I.A. opera- tionornot?" Shackley was noncommittal, and Mulcahy now knew that his worst suspi- cions were correct: The Wilson-Terpil operations did not have the sanction of the C.I.A. He knew that in the close-knit world of Government intelligence word would somehow get back within days to Mulcahy's partners that he had gone to the authorities. So he quickly went into hiding. disguising his appearance and using a false name. But he anticipated that his partners and their associates would be quickly seized, convicted and imprisoned. He expected this would -happen not only for his own well-being, but also to stop an operation he believed inimical to the.national-security inter- ests of his country and to world peace. But things did not work out that way. The Federal law-enforceme-i.. agencies eventually became enmeshed in a long series of bureaucratic rivalries and in- trigues that hampered and delayed the investigation. There was another com- plication: a lack of Federal statutes . that expressly barred acts of terrorism by Americans abroad. Mulcahy found himself in limbo, not a fugitive from justice but, in a sense, a captive of it. Over the coming months, there were no quick arrests. And while he was in hiding, Wilson and Terpil were steadily expanding the scope of their operations inside Libya. They ar- ranged for illegal shipment of more than 40,000 pounds of explosives to Libya and continued to recruit former Green Berets and Government ord- nance experts for their training school. Qaddafi is believed to have relied on the American-provided materiel and train- ing in his efforts to expand his influence in the Middle East and North Africa, in. cluding the invasion earlier this year of neighboring Chad. The Libyan ruler is -s suspected, too, of having ordered then political assassination of 10 or more of his political enemies living in exile, Va. "There are problems overseas," Mulcahy said without elabo? ration, and he had totalk immediatelyto- the agency's assistant to the deputy di. rector of clandestine operations. Mul- cahy would wait fora return call. The call came within the hour. On the telephone was Theodore G. Shackley, one of the most influential men in the C.IA. Mulcahy had a disturbing tale to tell. The ffrm of which he was president had agreed to sell the hardware of ter. rorism - explosives and delayed-ac- tion timers -- to Libya's Col. Muam- mar el-Qaddafl. Moreover, the firm Seymour M. Hersh, a former reporter for The New York Times, is at work on a book about Henry Kissinger to be pub- lished by Summit Books. Approved For Release 2005/08/16: CIA-RDP96B01172R000100040007-1 . ZVl7EZ? Approved Foolease 2005/08/16 : CIA-RDP96B0110000100040007-1 NEW YORK TIMES with the aid, in at least one case, of Wil- son and Terpil. It would be four years before the two men would be indicted by the United States Attorney's office in Washington on charges tlfat included illegal export of explosives-as well as conspiracy and solicitation to' commit murder. They are both at large to this day. As a result, Mulcahy has now, in frustration; decided to tell his story publicly for Jae first time. evin. Mulcahy's busi- ness partnership began to unravel in Europe in ; late August 1978 after ' he was ordered by his partners to purchase the Redeye missile for Qaddafi He then left Wilson and Terpil and flew to Washington to find out all that his company, Inter-Technology, was doing in Libya- After he arrived, he went to the company offices and went through the files. It was what he found there - documents marked "secret" which he, the firm's president, had never seen - that led him to call thee- C.I.A_ duty officer. There were con- tracts and correspondence ? which explicitly defined. the corporation's os- tensible business dealings. with Libya as. cover operations, and which con- tained forgeries of Mulcahy's signa- ture. The documents outlined a 26-week "training program for intelligence and security officers in the field of espio- nage, sabotage and general psychologi- cal warfare," and one page said the program's emphasis would be "placed on the design, manufacture, implemen- tation and detonation of explosive de- vices." Mulcahy further learned that his partners had proposed to Qaddafi that the first graduates of the terrorist school demonstrate their skills by blow- ing up an Aramco pipeline in Saudi Ara- bia. Mulcahy knew he was in trouble Wil- son and Terpil, he says, "had set me up beautifully. By then, I was in deep enough, and I knew they had me. I picked up an ashtray from Frank's desk, threw it across. the room. and broke a lamp." As-president of the company, he knew he could be held criminally responsible for its activities, and, he says, "I had to think-what the hell do I do now? I had to find out. Was this a C.I.A. operation or not? Did it involve national security? I still wanted to think there was a possi- bility that Ed and Frank were acting on behalf of the C.I.A. If it was a. C.I.A. operation, I had two options- continue to do it, or get out. If it wasn't C.I.A., then I could make up my mind: Do I want to make a lyq p 44' RS16a out and take my chances?" He knew only too well the dangers. A few months earlier, Terpil had passed a message to Wilson, through Mulcahy, reporting that "the hit's been taken care of." Mulcahy learned from the talkative Terpil that Wilson felt he had been cheated six or seven years earlier by a merchant in Paris on a transaction involving British woolen uniforms in storage in Nova Scotia. The "hit" re- ferred to by Terpil apparently was a bomb that went off under the mer- chant's auto, severely injuring his wife, who apparently was alone. Kevin. Mulcahy's initial belief was that Wilson and Terpil were operating with the full sanction of the C.I.A. He had been. told the exported explosives and other materials were to be used to clear mines planted in Libya's harbors and battlefields during the 1973 Arab- Israeli war. Mulcahy clearly wanted to believe the cover story. His own alle- giance to the C.I.A. was deep; he had worked for the agency as an intelli. gence analyst in the 1960's, and his fa- ther had begun working there in 1947, the year it was chartered. In 1968. Mul- cahy resigned to take a job in the elec- tronics industry, and in 1976 Ed Wilson offered him a high-paying position in his export company. Mulcahy knew Wilson had served with credit in the C.I.A.;. knew he was widely respected by his former agency associates, and was led to believe.that important ties still existed. Indeed, one night, not long after Mul- cahy joined the business, Wilson took him to Theodore Shackley's home. Shackley later said he welcomed such visits from Wilson because they produced useful intelligence. Among other things. Mulcahy recalls, Wilson and Shackley discussed Wilson's forth- coming visit to Libya for a meeting with.Qaddafi. Wilson's main purpose for the meeting. however, Mulcahy says, was to seek Shackley's interven- tion -in the granting of a Government export license for a pending sale of high-grade . communications gear, whose export was about to be disap- proved by the State Department. It is not clear what significance Shackley gave to the visit, but Mulcahy certainly thought he understood the point: that the export business was covertly ap- proved by the C.I.A. After Mulcahy's alarming discovery in his company's files. he knew he needed help, that he had to talk to someone. "My first instinct was not to hurt anybody," he says. "If it was a C.I.A. operation, I didn't want to blow it by exposing it to an outsider or to some underling at the agency. I felt there was no one I could safely talk to about what I had found." So he turned to Shackley. If the Wilson-Terpil opera- tion was C.I.A., Mulcahy knew he could discuss it with Shackley without jeop- ardizing it. 1 But while, waiting for Shackley to re- turn his call, Mulcahy also telephoned an old family friend who worked in the C.I.A.'s Office of Security, and asked him to come over and review the Inter- Technology documents. "My thought was that no matter what Shackley de- cided to do, or not do, I wanted someone else in the agency to be aware of the Libyan operation," Mulcahy recalls. "I wanted a second reporting source." Mulcahy's family friend was particu- larly concerned that there was evi- dence linking Patry E. Loomis and Wil- liam Weisenburger with the Wilson operation; Loomis and Weisenburger still were on active duty with the C.I.A. The Office of Security official' sug- gested that Mulcahy report his infor- mation to the F.B.I. He did so with a sense of betrayal: Nothing in his life had prepared him to be disloyal to for- mer colleagues and associates, particu- larly in an agency so closely tied to the life of his family. It was that loyalty, perhaps, so widespread throughout the C.I.A., that enabled Wilson and Terpil to operate so openly for so long. On the very day that he began talking to the Government..Muicahy received a message from Wilson, who was still overseas: "He told me to 'shut up, just knock it off.' He'll explain everything when he returns.- A secretary at Inter-Technology later passed an explicit warning to Mulcahy: "She knew it was not a C.I.A. operation and she said, 'Ed is going to kill you.' " Mulcahy decided to go underground. He armed himself with an M-16 rifle and spent three weeks camping, shift- ing campsites every evening. Pres- ently, he moved to a small town in the Shenandoah Valley and established a new identity for himself, with a birth certificate, driver's license. passport and credit card. and took a job as a drug and alcoholism counselor. A few years earlier Mulcahy had successfully overcome a drinking problem with the ;e 2005/08/16: CIA-RDP96B01172R000' 04MD sel- .CQ Approved FoMple510/16 "LTA-R3 L also began talking exten- sively to Federal agents agencies, traveling at his own expense to Washing- ton as often as three days a week. The F.B.I. assigned a group of agents to the case, and Mulcahy, was.v~n- couraged. '-They said they needed more stuff and we started going through ail the paperwork I had. I was drawing diagrams for them, giving them organizational charts, the details of possible political payoffs. I gave them a long statement, agreeing that I would continue to cooperate with them as long as I-would never have to testify publicly against Wilson and Terpil, and that my name would never be men- tioned in the press. I knew these guys were looking for me I was afraid of I therm. They had called members of my family and the woman I was seeing. trying to locate me." A constant fear was for the safety of his two sons, both of whom live in the Washington area with Mulcahy's former wife and had visited Wilson's farm. Meanwhile, the Government received unsolicited first-hand corroboration of his.allegations. In early October 1976, John Henry Harper, a former C.I.A. bomb technician who had been hired by Ed Wilson, returned from Libya and. after learning of Mulcahy's defection. went to the C.I.A.. where he, too, de- scribed the program that Wilson and Terpil were setting up for QaddafL .Harper said that he and his fellow Americans had constructed a labora- tory and were manufacturing assassi- nation bombs disguised as rock forma- tions, ashtrays, lamps and tea kettles. Wilson and Terpil also hired three Cubans who had worked for the C.I.A. to carry out an assassination on behalf of Qaddafi. Wilson paid the three men $30,040 in expenses with a personal check drawn on his account in a Middle- burg, Va., bank. Instead of carrying out their assignment, the Cubans returned from Europe and reported to the C.I.A.; they told the agency that they had initially believed that their assassi- nation target would be the international terrorist Carlos Ramirez, known to po- lice as the Jackal, the man who planned the 1972 Olympics massacre at Munich. However, after meeting in Geneva with Wilson, the Cubans said they learned that the target would be. Umar Abdul- lah Muhayshi, a Libyan defector who had plotted to overthrow Qaddafi's re- gime. The Cubans refused the assign- ment and returned to the United States. All of this information was made known to the Federal investigators by the C.I.A. At about this time, Shackley was or- dered by a superior to draft a memo- randum of his late-night telephone con- versation with Mulcahy, about which he had never made a formal report, senior C.I.A. officials discovered. Now Shackley depicted Mulcahy as being. irrational. paranoid, alcoholic and an unreliable informant. A copy of the Shackley memorandum eventually was provided to the United States Attor- ney's office in Washington and to Fed- eral investigators. Shackley's sugges- tion-that Mulcahy was not in full con- trol of his faculties - would be taken at face value by many over the next few months. Mulcahy remains hurt and bit- ter today about the memorandum- "It was a cheap shot to use my past illness, for which I'd long been treated, to dis- credit me." , Wilson and Terpil continued to ex- pand their operations inside Libya.: . Those in their employ included Pat Loo- mis, who was still under assignment with the C.I.A. as a liaison officer be- tween its headquarters and its overseas stations; Loomis and others began meeting with Green Berets near the John F. Kennedy Special Forces train- ing center at Fort Bragg, N.C., and urg- ing them to retire from the military and join. the operations in Libya. In those contacts, the Green Berets later told a-Federal grand jury, there once again was the suggestion that every- thing had been-sanctioned by the agency. . Evidence in the Wilson-Terpil. case had been forwarded by the F.B.I. to the Foreign Agents Registration sec- lion of the Department of Justice- Complicating the F.B.I.'s investiga- tion was the fact that there are no Federal laws prohibiting the aiding and abetting of terrorist or presumed terrorist activities outside the United States. There was yet another factor that obviously inhibited the initial in- vestigation and made the Wilson-Ter- psi case seem less urgent: this was the political assassination in September 1976 of Orlando Letelier, the former Chilean Ambassador to - the United States. Solving Letelier's murder, which took place in downtown Wash- ington, became a high priority of the United States Attorney's office in Washington, draining off manpower and the emotional energy of the staff. The tension began to build for Mul- cahy. He seemed to be unable to get anyone in the Federal Government to share his concern about the vital im- portance of rapidly stopping the flow of timers and explosives to Libya. ODD'UOs - hands before long. Wilson andTerpil had responded to Mulcahy's accusations by hiring prominent defense attorneys and de- picting Mulcahy as. an alcoholic Viet- nam veteran for whom they had showed compassion by giving him a job -only to learn that he was unsta- ble and irrational- In April 1977, a report in The Wash- ington Post on the Justice Depart- ment's pending investigation of Wil- son's ties to Libya brought the matter to the attention of Stansfield Turner, the newly apppointed C.I.A. director. Turner moved to take personal charge of an inquiry into the Wilson operations and quickly learned of Mulcahy's charges. The- C.I.A. direc- tor then called in Pat Loomis and Bill Weisenburger, questioned them and fired them. He also ordered a shake- up in the C.I.A.'s. clandestine service, replacing Ted Shackley and his im- mediate- superior, William. Wells. - "They were both nice guys." Turner says, "but not right for the job." He will not elaborate. The C.I.A. director further had a directive posted in the agency's. headquarters- and sent to every office abroad.warning that no employee -was to associate with Ed Wilson. What Turner did not do was call in Kevin Mulcahy. If he had, he might - have learned the extent of Wilson's contacts in Libya and that Wilson's - access inside. the C.I.A. transcended Loomis. and Weisenburger. Turner also might have learned that the clan- destine-operations division had been warned that Wilson was attempting to - arrange a political assassination on behalf of Qaddafi. as the Cubans had told the C.I.A. control officers. More- over, no one in the agency seems to have bothered, to inform Turner of John Harper's account of the weapons laboratory and training programs in ? - Libya undertaken by Wilson and Ter- pil. The failure of the lower-level offi- cials of the C.I.A. to- report fully to Stanfield Turner does not mean that Wilson's activities were approved of or endorsed in any way. but it does re- veal an astonishing and not fully un- derstood motes vivendi of the intelli- gence business: The primary loyalty of the man in the clandestine service was to Ed Wilson, their former col- league and associate and not to the new Director of Central Intelligence, who was viewed as an outsider who could not understand the mentality of an operative in the field. Kevin Mul- cahy had violated the code. Shipments of explosives for use in terror weapons continued to flow into Libya. and a second generation of timers- far more sophisticated than the first group shipped in 1976 - Approved For Release 22QqA4Wc0f61j15t000 tat,- t~rnt- there could be blood on his 00040007-113'1jj1}cD' Approved FoVlea-N "108foRE--R -"E t 000100040007-1 began arriving in Tripoli. Ed Wilson, with his charm and his C.I.A. exper- tise,, had struck up a warm personal friendship with Qaddafi and he emerged by the end of 1977 as the man in charge. Frank Terpil became dis.' enchanted with his reduced rile - and the reduced personal profits -- and began spending less time in Libya. Terpil eventually moved on to Uganda, where he received a $it mil- lion contract to-provide arms, explo- sives and torture devices, among other things, to the regime of Idi r Amin. Wilson's contacts with Jerome S. Brower, a California explosives - manufacturer, Intensified during this period and Brower - who had sup. plied the first shipment of explosives_ to Libya in the summer of 1978 began recruiting bomb experts for the Wilson. operations. Federal authori- . ties learned later that two of the ex-. pew recruited by Brower - Robert E. Swallow and Dennis J. Wilson (no relation to Ed Wilson) -were civilian Navy employees at the China Lake Naval Weapons Center in the Mojave Desert in California, where some of.. the Navy's and C.IA.'s most sensitive ordnance- research is %;onducted. Swallows-and Dennis Wilson, Federal authorities say, spent their annual leave in 1977 on site at Ed Wilson's training camp in Tripoli. Both men re. turned to their Government jobs with- out informing anyone about what was going on in Libya. The men are now under investigation by the United States Attorney's office. Not everyone kept his peace One of the Green Berets reported to military intelligence that he had been ap-. proached by Loomis. In another case, as later told to a Federal grand jury, a former Green Beret who had worked in the Wilson.Terpil operations. in Libya was extensively debriefed by military intelligence upon his return. and referred. to the F.B.I. for further questioning None of these reports seemed to make any difference: The F.B.I. investigation continued at a slow pace: Wilson and Terpil contin- ued their terrorist-supply operations, and Mulcahy continued to hide and to worry every time he started his car. By mid-1977, Mulcahy had been hired to design and implement a resi- dential treatment program for alco- holics and drug addicts in suburban Washington. But his past association with Wilson and Terpil continued to be a major part of his life, and he began to be annoyed with the F.B.I., not only by the slowness of its investigation, but also by the manner of some of the agents. "I was sick and tired- of talk- ing to the F.B.I. We had a failing out. They kept me totally in the dark about what they were doing, but began to ac- cuse me of holding out on them." Mul- cahy particularly was angered by the,. agents' insensitivity: "They would walk Into our treatment center unan-- nounced, right into the middle of the house, looking like Mutt and Jeff, with.-' = their trench -coats an and thew ralfars. turned. up_ Such visits inevitably alarmed the patients in. the center, many of whom had unresolved prob.. lems with the law, and some. began to view Mulcahy as a Government in- formant or under, investigation him- self. = Mulcahy had no illusions about his status inside the C.I,A. that summer. He had telephoned The Office of Se- curity to see if. the agency would pro- vide some protection in case Wilson and- Terpil decided to move against him. "They flatly refused;" Mulcahy recalls. "It was almost. like. I was a turncoat. I felt it was National Igloo- Week.'' In December 1977, after more thana year of inquiry, the Foreign Agents Registration Office of the Justice De- . partment concluded that Wilson and Terpil, despite- conducting "nefari- ous" business activities, had violated- no American laws. They wrote pro forma notes, known as letters of decli- nation, to the United States Attorney's offices in Alexandria, Va., and Wash- - ington, recommending that the case be dropped. A copy of the letter was shown to Eugene M. Propper, an aggressive- assistant United States Attor- ney who was then directing the Letelier prosecution in Wash- ington: Propper had inter- viewed - Wilson briefly the previous April, and Wilson em- phatically denied any-involve- ment in the sale of. the timers to -Libya.;. it was a lie that Propper vividly recalled 'When the Justice Depart nsent sought to drop the case: Propper learned that the Justice De- partment attorneys had relied solely on F.B.I. interviews In their.- investigation and,. he thought he could ask-better questions and. get better- an- swers if he ' could bring wit- nesses beforea grand jury. The key was- Liulrahy, ,. who. - reluctantly agreed now to teso tify -- taking a step he had. vowed he would never: do. "I. liked Gene," Mulcahy recalls. "He's an impressive guy, so I. said;.'All right, I'll go before the grand jury,. but I'm not going. into= .court. and - testify publicly against these guys.' I- gave- the grand. jury every-. thing I. had". - Propper was doing the questioning- "and I did it without immunity.. What I was - telling them was the truth. IfI did something wrong I was willing-to pay for it.' " Federal officials acknowl- edged' in, recent interviews that Mulcahy's grand-jury ap- pearance provided the-core of the subsequent indictments. , They.also said that Mulcahy had. little to fear in refusing immunity: "Kevin wasn't a erim+ al, ' one Federal official said.. "He was just doing what his employer wanted.". Mul- cahy had committed technical violations of the Munitions Control Act; the official added, but the United States Attor- ney's ofticee viewed. them as not prosecutable. "What we had on Kevin showed that he had not ' dose - anything to bother anybody." one official said. CC~i~'Tl1~'~1~' Approved For Release 2005/08/16 : CIA-RDP96B0l172R000100040007-1 Approved Fo Mulcahy spent much of 1978 working intensely with law- yers in the United States Attor- ney's office. Still nothing haap- pened, and by the end of year, he wanted out: "The whole thing was a. farce as far as I was concerned;. no one was telling me what was coming down and yet I know that Wil- son and Terpil were still doing business in Libya." He was reassured somewhat, he says, when a Federal official told him that Government authori- ties had visited Wilson. at his farm in Virginia: and graph!. cally warned Wilson of re.. prism in case ~ anything hap. peered to Mulcahy or his chil- dren. It made me feel bet ter," Mulcahy. says.. "The Feds paid a visit- to Ed late M the night, and told him that if anything happened, they. would con le looking forhim." Federal officials subse. quently explained., that the delayisabtiaiz s t~ did not reflect. adversely on Mulcahy or his testimony, but resulted .from a basic gap in the law, which does not specifi- cally. make it. a crime to use American equipment -.- and klr row to further terrorism. overseas- aslongas no overt acts are done in the -United States. WilsonandTerpil were careful, as much as possible, to stride their business deals ? out ofthecx nitry. When Eugene: Prbpper ini- tially began his investigation, the jurisdiction of the United States Attorney's office. was limited because of the lack of statutes. Though there- was evidence through the Cubans that Wilson and Terpil had conspired with Qaddafi to as- sassinate one of his political enemies, solicitation to com- mit murder.- that.-is, asking__..:_ or hiring someone else to do the killing - is not a Federal crime, and there-was no crimi- nal statute in the District of I Columbia barring such solici- tation. Please 2005/08/16: CIA-RDP96B011 000100040007-1 0 m IEW YORK TIMES Propper got an inspiration. He had discovered in prosecut- ing an earlier case that any. crime in the Maryland code not in conflict-with theDistrict of. Columbia code could be charged in Washington, since- the District of Columbia had adopted all of its criminal law from Maryland in 180E Using. that:. precedent, Propper was able ta-investigate Wilson and Terpil on 'solicitation charges in. the- District of. Columbia. . Anotherprovision in the Wash ingtnu code also enabled!: Prop- per to make the solicitation charge a Federal violation. So the United States Attorney's office had its jurisdiction after all, but, onceagain, there were problems.. The: Letelier case was going to trial and Propper and a chief aide, E. Lawrence-, Barcella Jr.,. were unable to % handle both cases at the same time. By this time, Mulcahy had :. become deeply embittered,. especially toward the F.B.L. which, h6' said, "never- as- signed. Special status to this. I case-. which means that the-- agents assigned to it are work- ing exclusively on it.. At first, the F.B.L. didn't believe nee,":T Mulcahy-insists. "Every per-*,-. son they interviewed sup ported. Wilson's and Terpil's-- cover story and made me look - like- a. guy with: a wild. tale to tell Then if I ever asked the-.. F.B.L anything, one agent' would look at the other to de- tide whether they could an- swer the question. It was a one-way street and I felt I couldn't help them anymore without some kind of dialogue, without their willingness to tell me what they wanted and what they didn't know." Officially, the F.B.I. does not comment .on pending in- vestigations, but one agent who. did. spend much time on the. case disputed Mulcahy's assessment in an interview. "Kevin is very impatient," the agent said. "He thinks he. can give ussome facts one day and we should.- begin. making are-- rests on. the next: He doesn't understand the complexity. of - the case and the fact that no -one. is -exactly cooperating with us. It's bees a long drawn-out affair, trying to get- some of these witnesses to give tie a straight line: This is not a very easy case to make. We had to start- from the begin- ring, and .1 think it's very un- fair to criticize us or the United States: Attorney's of- fide- We've been working bard on this for a long time " ...".Other Federal officials,how- ever, echoed Mulcahy in rais- ing?questions about the Justice Department's- decision not to give the case.higher priority, which would. have. meant the authorization of more F.S.I. agents' for field work. Even now, only one agent its-Wash ingwn >s assigoru to monitor developments fit the-case; and he was pulled off- that for months early thisyear to Kano dre? backgrround investigations of pending-Reagan Adminis- tration appointments. Approved For Release 2005/08/16 : CIA-RDP96B01172R000100040007-1 CD. .1 A majordevelopnient,. ey~ May's vi ~B 1.97A_ vyh[nthe u O C hol, Tobacco and Firearms as- signed a new two-man team to the case= Richard Wadsworth- and Richard Pedersen decided early in their . investigation that Mulcahy was tellipg the truth.-Novi, for the first time;. Mulcahy believed that;l e.had someone inside the investigaa- tion with whom he could com- municate. Mulcahy agreed to cooperate in an undercover in- vestigation with Pedersen and Wadsworth, aimed at gather- ing first-hand evidence of Wil-- son'S iltegar weapons dealings in Washington the kind of: specific evidence, that seemed. essential to a prosecution The operation failed- after five months,.:. but . the agents developed a close rela- :'tionship with . Mulcahy and learned - vast-. amounts about the- way Wilson operated, in-: formation and insight that later, helped . theca crack. the Mulcahy continued to live in ,low profile, routinely changing his appearance. His- fears were compounded - late; one night when- he saw. 'a- truck owned by- one of. Wilson's trusted, associates- parked across the street from his- home. Mulcahy fled.the scene and stayed away- from the area. for two days. "It was over three years and I wanted - . out again," he said, "and so I disappeared- justwert.to Ar--'. I, izona under another name and worked in the, construction business." Meanwhile, WilsandTer _ pil began spending some of the money they were earning- By the end of 1978, they had. pur- chased more than $4-million of real estate intheUnited States ? and England, paying in. cash- They- spent another million'. dollars for -hotel- in Crewe,- England, and--a town house in London's posh - Lancaster Mews. Federal authorities be- lieved the hotel was to serve as a stop on an underground rail- way for terrorists. - By that time, Qaddafi had set up- "hit teams" that began to terrorize the Libyan e2die community in Europe. At least 10 of Qadda- fi's political enemies were as- sassinated by the gunmen. 1.4 V.--- access to Another-factor in theinvesti- Ieasgaltf1A?i1G`Ix=B rimed-hi`fevil polite to hying in- the United States, which revolved around the so- cial use of his estate in Virgin- ia_. By the raid-1970's, Wilson was regularly throwing par- ties and offering huntingex- cursions at the estate, where senior members of the Carter Administration mingled with influential ? politicians and members of the intelliageme- community. TedShackleywas. -also. orie- of the-guests. "The' name of the game is legitima- cy," one-Federal. officiaLsaid_ "Ed Wilson brings three guys from the. C1.A and Carter's man'.: brings two senators. Everybody's - legitimizing eve ybodyelse.,, . . - ' - `'Every place -we weal," the official -added; "Ed--_Wi-lspn . ' popped. up -- not-on the sur-' face,, but. -if you looked -far ' enough. it led to'Wilson." :_- I`n early June.I979; the United States Attorney's offce told :Wadsworth and Pedersen of the B.A.T.F. that there was ? not ennough evidence to charge Wilson and. Terpil with: ille- galiy exporting explosives to r Libya.:-The. Government -had: no--evidence that--any explo-. ._stves-had in fact. been shipped. to Libya without the proper li- censes and without accurate. labeling and. bills of lading. -which are required to insure proper storage of the materi- als during shipment All' of the ' witnesses interviewed by the F.B.L. had stuck to the cover' { story in confection with the shipments to Libya as far as they were corcerued; all that Inter Technology had, under- taken was a contract with the Libyan Government to manu- facture timers for use in m inee - ,clearing-operations- No explo- sives had been- shipped,_ the witnesses claimed. - Rick i Wadsworth decided. to make' one final.. effort:-to find- evi- dance of the shipment before' bowing out of the case- He spent most of the Memorial Day weekend- in the Federal courthouse in downtown Wash- ingto'n reviewing all of the j documents and testimony- He found a work sheet buried in - the files that had been turned. i over by Mulcahy to the F.B.I. in 1978. The work z,haet wi h e-es hand-writing on it. AYf?i47a1neeting in August 1976 at which the Cali- fornia tnanufactureragreect to 1 ship RDX (cyclotrimethylene 1i trinitra,mine) and theother ex- plosives. suspe did in 55-gal- Ion drums, to Libya. At this point, Eugene Prop- per was in the process of re- signing from the United States Attorney's office to practice law in Washington and write a book on the Letelier case; Lawrence Barcella suddenly found himself in charge of the - Wilson-Terpil case. Barcella agreed, after being shown the work sheet, to permit Wads worth and Pedersen to fly to California - and interview Brower- once again. Wads- worth and Pedersen- had dis- -covered that the work sheet, on which Brower had listed the type and weights of the explo- sives ordered. by Wilson and Terpil; precisely matched the bills of la.tling for a shipment of !! explosives that week- from .i Brower's factory. The Govern- r nt now had its evidence Over the next, year, how- ever. Brower stubborzrly con- tinued to insist that he knew { northing abode-ilr'egal- activity in the United States. In two ap. pearances before the Federal grand jury in Washington. be denied that.the -conspiracy meeting in Augusc 1976, as de! scribed by Mulcahy. ever tool, place. But the evidence. in his n handwriting, proved to be overwhelming and Brower tually agreed to cooper- ate with the prosecutors in re- turn for dismissal of all but., orse of the charge again st him 1 conspiring to ship explo= ? sixes with the Intent. use 13n,_ lawfully- When he did ttif-f . in late- 1984, Brower acknowl- edgedthat Mulcahywas right; - i 'QN T who later wou the hotel to hide from authori- Approved For Release 2005/08/16 : CIA-RDP96B0l172R000100040007-1 Approved Fo&Ieaa0I/08i WRCPVA64000100040007-1 relief over the indictments was short-lived, however, be- cause a Federal magistrate subsequently reduced Terpil's bond from $500.000 to $75,000, of which only $15.600 had tobe put up in cash. "To me, it was the most absurd thing in the world," Mulcahy recalls. "I knew he was going to split - I knew him, his' life style, the fact that he had at least six dif- ferent passports."' Mulcahy also knew that Wilson and Ter pit had been quietly disguising their ownership of their busi- ness ventures and properties in the United States to avoid Federal seizure. "I took there. 'duced bond as a reflection of the importance the Govern. went attached to this case -a $15,000 cash bond when mil- lions of dollars and the re. sources of the Libyan Govern- ment were at his disposal." On Sept: 3, 1980, more than four months after his indict. ment in Washington and the day before he was to begin trial on the New York charges, Terpil fled to Europe. With Terpil jumping bond, and Wilson choosing to remain abroad as a fugitive, Mulcahy concluded that it was time to get out. He had accomplished very little by his four years of cooperation. So he moved to the Middle !Vest. There were questions that still disturbed him. "Why didn't the C.I.A. cooperate fully and aggressively with the United States Attorney's of- fice? Why didn't the Govern- ment ask the agency for its assistance in locating and ap- prehending Wilson and Terpil? Why wasn't a combined Fed. eral task force set up to coordi- nate the investigation? Why wasn't a special prosecutor used? Why did the F.B.L. give this case such low priority? Where are we going to find Qaddafi's bombs in the future? What does it take - short of a big body count- to get the at- tention of the Congress and the White House to a potentially lethal situation? What is the responsibility of the United States to the world in a case like this?" Mulcahy returned to Wash- ington late last year ready to end his own involvement with the prosecutors. "I had been forced to live a lie." he says. "I had often lived under an as. sumed name, with a car and a business registered in other people's names." By that time, Mulcahy had set up a successful construction busi- ness,-specializing in historical restorations. He began re- search for a book an his expert. ences, but that did not solve what he viewed as his immedi- ate problem: "How to exorcise my entire involvement with the case." What he learned in early 1981 convinced him that it was time to take a step he had not contemplated before -going to the news media. A former C.I.A. colleague - Mulcahy will . not say who - told him that Wilson, and Je- rome Brower had conspired in late 1977 to ship 40,000 pounds of C4 plastique to Libya, the largest illegal shipment of ex- plosives known to Federal in- vestigators. Mulcahy later confirmed that what he had heard was true - the ship. ? ments had been made from a Texas airport in the fall of 1977, aboard a chartered DC-S cargo jet An employee of one of Wilson's firms, Around i World Shipping and Charter- ( lug, of Houston, Tex., was known to have been involved. Brower and his California company had made a profit of $1 million on the C4 shipment alone, Mulcahy was told. "What I felt was absolute hor- ror," Mulcahy recalls. "I was horrified that they could have shipped explosives in that quantity, involving as many people as they did - lawyers from two different states, commercial airlines, commer- cial freight forwarding compa- nies - and not have been de- tected. There had to be a cast of characters of more than 10 people, including pilots and the companies that sold the C4. When I learned of it, the ship. ment was more than three years old. and the F.B.I. and the United States Attorney's office were fully aware of it. Yet no one had been charged, or even called before a grand jury, That was the final factor - in my decision to go public. The only option. left to me was the press." In interviews a few weeks ago. Prosecutors at the United States Attorney's office de- clared that. the case still was open and that more indict- ments would be issued before the end of summer, expanding the ranks of those known to have been involved in the Wil- son-Terpil operations. Some former C.IA officials, among them Ted Shackley, are known to have been talking with the prosecutors, and apparently have been shedding new light on-.Wilson's connection - or -lack of connection .- to the agency. Meanwhile, Frank Terpil was tried in absentia by New York City authorities on 10 conspiracy and weapons charges. found guilty and sen- tenced, June 8; to 17 2/3 to 53 years in prrson, thema.dmum. Mulcahy believes the Gov- ernment is now focusing its at- tention on the lesser lights who flitted about the Wilson.Terpil operations. He knows that Wil- : son operated in Washington so freely because of his ability to reach into the top layer of Gov- ernment and Congress; be- Approved For Release 2005/08/16: CIA-RDP96B01172R000100040007-1 .QLM M76M.1 Approved Fo leaseN9)08/NQ31WRDP969 000100040007-1 cause of his connections in a city where connections are so important. Mulcahy also knows that Wilson and Terpil are not the only former C.I.A. and military men selling infor- mation and materiel to the highest bidder. Most impor- tant, Mulcahy believes. that the United States Attorney's office in Washington, was guilty of what he calls "Gov ernasent complicity by orris. sion". by not demanding that Federal agencies, at the very least, cut off the flow of men and terrorist equipment to Libya. Mulcahy remains a believ er: He believes in the value and importance of the C.I.A. and the due process of the American judicial system. "The. system can work." he says, "but it can't work unless the people who are the system put it to work." If he had it to do again. he says, "I know I wouldn't have approached any Government agencies. I would have taken every document I had to the White House or hand delivered them to the most responsible journalist I could find. I'd never go to a Government agency again - because of the way I was treat- ed, the lack of commitment and the half-truths that I've heard for the last five years." Edwin Wilson could not be reached for comment. Some- one who answered the tele- phone at his office in Tripoli declined to give his name and hung up when. asked to take a message. Despite the formal. disa- vowal by the C.I.A., Wilson re- mains anoutsider who knows a great deal, about secret American intelligence activi- ties. Last August, four months after his indictment, he was seized by officials in Malta and held in custody for more than three days. Somehow, before he could be turned over to American authorities for ex- tradition to Washington, he managed to flee, flying from Malta to- Heathrow Airport near London on'his revoked passport. Federal - officials now suspect a $10,000 payoff through a laundered bank ac- count was made in Malta on Wilson's behalf. There are those in Washington who be- lieve, that, even today, there are some elements in the C.I.A. who protected Wilson in Malta and will --continue to shield him. 0 Approved For Release 2005/08/16 : CIA-RDP96BO1172R000100040007-1 - 10 .:CIA- P9 OUTING AND RECORD SHEET suBJKTa(optfanoI) New York Times Article, Entitled, "The Qaddafi. Connection" TO: (Officer designotion,- icon number, and building) DATE EXTENSION OFFICER'S'- INITIALS JURIJ981 :: STAT COMMENTS (Number each comment to show from whom to whom. Draw- a line across column: after each comment.) measures'' to :pre~rentYarcess to c .assifi.ed mate_r'ial by third parties-,'a foreign governments-. The request was= generated byan.?articl.e by,---Seymour Hersh : n x the New Yo"rk Times . on 14Juin.e. 1981 regarding former CIA employees illega-lly yusingg classified matexia1.obtained from Agency and -:~ .DMA. ~;: 1 .- . D/"See'" 05 Reg,.. 1 = 'PTAS/PSD/r1Sg. PTAS/PSD/I.S`B bop une 81) roved For Release 2005/08/16 CIA-RDP96B01172R000100040007-1 STA ROUTING AND RECORD SHEET SUBJECT: (Optional) New York Times Article Entitled "The Qa a i Connection" FROM. NO. DATE 16 June 1981 TO: (O r esigna ion, room number, and building) DATE OFFICER'S COMMENTS (Number each comment to show from whom INITIALS to whom. Draw a line across column after each comment.) RECEIVED FORWARDED 1. DD/PfM 2. 3. 6i si 6 t/ DD/OS 4. 5. 8--- for signature 6. 7. c) 0--,A) 8. 9. JUN 131901 10. CAS /&t,,/ 3 /c /r 11. r / 12. 13. 14. 15. ~' -ryr ,~ /,"~ I - FORM 61 0 USE PREVIOUS I-79 EDITIONS Approved For lease 2005/08/16 : CIA-RDP96B0117 -000100040007-1 Approved For Release 2005/08/16 : CIA-RDP96B01172R000100040007-1 STAT STAT