?cpartimcui' {il'J'usticc Unified A {Karma}: [Jilm?i'cr (g/??vz?myfaz?zc?z? szfizem 3f}! 301-344-4433 1?5-1-fufa?iugg (3143a: toarzifwi: {33300 {LUzvng-?as?ciad Lama". 3:17:23? 20!? {14026 [1:33 Lmu?, Haw (?3rwafmh, MI.) 2249 {Q'wz'iziwz't 70-! 249 Wmmus Ii Madam 5155 fxa?wa United {Stan's- xf 16mm: 1"?20m?m. October 1 15 2017 Robert C. Bonsib, Esq. MarcusBonsim LLC 64} I Ivy Lane, Suite 1 i6 Maryland 20770 Re: Un?ed Stan-3:; v. 'Nghia Huang: H10 Criminal N0. Dear Mr. Bonsib: This; Icti?er, together with the Sealed Supplmucna can?rms {ha plea ayeememi which has been offered to {he Defendant by the United Swiss Attorney?s Of?ce-f: for the District of Maryland (?this Of?ce?). the Defendant accepts this 1.318525%: have him execute it in the spaces provided below. If this Offbr has; not been accepted by Camber 25, 2017s it wili be deemed withdrawn. The terms the agreement are as follows: ()ffensc of Conviction 3? The Defendant agrees 1'0 waive indicimem and picad guiity to Count One of an Information {0 be; ?led against him, which wiil charge him with Retention of National Defense information, in violation of 18 [18.6 793(6). The Defbndani admits; that he is, in fact, guilty 01?th offense and Wm so advise the Cami". ofthc: Offense 2. The (31011102113 of the offense ?0 which that Defendant has agreed to piead guiity, and which this Of?ce wauid prove if the. case went to trial, are as fbllows: Count Om: (Willfm Retention of'N?ziiQna} Defense: Infbi'matiam: (1) the Defendant had mauihorized possession of documents; (2) the dacumentg related to the national defense; and (3) the Defendam wili?zliy the: documents and faiied dciivezf them t0 an Of?cer or agent of the United States who was entitlcd to receive them, Penalties 3. The maximum sentence provided by statute for the offense to which the Defendant is pleading guilty is as follows: imprisonment for ten years, supervised release for three years, and a fine of $250,000. In addition, the Defendant must pay $100 as a special assessment pursuant to 18 U.S.C. 3013, which will be due and should be paid at or before the time of sentencing. This Court may also order him to make restitution pursuant to 18 U.S.C. 3663, 3663A, and 3664. If a ?ne or restitution is imposed, it shall be payable immediately, unless, pursuant to 18 U.S.C. 3572(d), the Court orders otherwise. The Defendant understands that if he serves a term of imprisonment, is released on supervised release, and then violates the conditions of his supervised release, his supervised release could be revoked even on the last day of the term and the Defendant could be returned to custody to serve another period of incarceration and a new term of supervised release. The Defendant understands that the Bureau of Prisons has sole discretion in designating the institution at which the Defendant will serve any term of imprisonment imposed. Waiver of Rights 4. The Defendant understands that by entering into this agreement, he surrenders certain rights as outlined below: - a. If the Defendant had persisted in his plea of not guilty, he could have entered a plea of not guilty to any charges contained in an indictment returned by the grand jury. He would have had the right to a speedy jury trial with the close assistance of competent counsel. That trial could be conducted by a judge, without a jury, if the Defendant, this Of?ce, and the Court all agreed. b. If the Defendant elected a jury trial, the jury would be composed of twelve individuals selected from the community. Counsel and the Defendant would have the opportunity to challenge prospective jurors who demonstrated bias or who were otherwise unquali?ed, and would have the oppo?unity to strike a certain number of jurors peremptorily. All twelve jurors would have to agree unanimously before the Defendant could be found guilty of any count. The jury would be instructed that the Defendant was presumed to be innocent, and that presumption could be overcome only by proof beyond a reasonable doubt. c. If the Defendant went to trial, the Government would have the burden of proving the Defendant guilty beyond a reasonable doubt. The Defendant would have the right to confront and cross-examine the Government?s witnesses. The Defendant would not have to present any defense witnesses or evidence whatsoever. If the Defendant wanted to call witnesses in his defense, however, he would have the subpoena power of the Court to compel the witnesses to attend. . d. The Defendant would have the right to testify in his own defense if he so chose, and he would have the right to refuse to testify. If he chose not to testify, the Court could instruct the jury that they could not draw any adverse inference from his decision not to testify. m?n' W39 e. If the Defendant were found guilty after atrial, he would have the right to appeal the verdict and the Court?s pretrial and trial decisions on the admissibility of evidence to see if any errors were committed which would require a new trial or dismissal of the charges against him. By pleading guilty, the Defendant knowingly gives up the right to appeal the verdict and the Court?s decisions. f. By pleading guilty, the Defendant will be giving up all of these rights, except the right, under the limited circumstances set forth in the ?Waiver of Appeal? paragraph below, to appeal the sentence. By pleading guilty, the Defendant understands that he may have to answer the Court?s questions both about the rights he is giving up and about the facts of his case. Any statements the Defendant makes during such a hearing would not be admissible against him during a trial except in a criminal proceeding for perjury or false statement. g. If the Court accepts the Defendant?s plea of guilty, there will be no further trial or proceeding of any kind, and the Couit will ?nd him guilty. h. By pleading guilty, the Defendant will also be giving up certain valuable civil rights and may be subject to deportation or other loss of immigration status. The Defendant recognizes that if he is not a citizen of the United States, pleading guilty may have consequences with respect to his immigration status. Under federal law, conviction for a broad range of crimes can lead to adverse immigration consequences, including automatic removal from the United States. Removal and other immigration consequences are the subject of a separate proceeding, however, and the Defendant understands that no one, including his attorney or the Court, can predict with certainty the effect of a conviction on immigration status. Defendant nevertheless af?rms that he wants to plead guilty regardless of any potential immigration consequences. Advisory Sentencing Guidelines Annlv 5. The Defendant understands that the Court will determine a sentencing guidelines range for this case (henceforth the ?advisory guidelines range?) pursuant to the Sentencing Reform Act of 1984 at 18 U.S.C. 3551-3742 (excepting 18 [3.8.0 3553(b)(1) and 3742(e)) and 28 U.S.C. 991 through 998. The Defendant further understands that the Court will impose a sentence pursuant to the Sentencing Reform Act, as excised, and must take into account the advisory guidelines range in establishing a reasonable sentence. Factual and Advisory Guidelines Stipulation 6. This Of?ce and the Defendant understand, agree, and stipulate to the Statement of Facts set forth in Attachment A hereto, which this Office would prove beyond a reasonable doubt, and to the following agreed?upon and disputed applicable sentencing guidelines factors: Count One (Willful Retention of National Defense Information): a. The base offense level is 29, pursuant to United States Sentencing Guidelines because top secret information was gathered. b. The offense level is increased by 2 levels, pursuant to U.S.S.G. 331.3, because the Defendant abused a position of public or private trust, or used a special skill, in a manner that signi?cantly facilitated the commission or concealment of the offense. c. The adjusted offense level for Count One thus is 31. d. This Of?ce does not oppose a 2-level reduction in the Defendant?s adjusted offense level pursuant to U.S.S.G. 3131 based upon the Defendant?s apparent prompt recognition and affirmative acceptance of personal reSponsibility for his criminal conduct. This Of?ce agrees to make a motion pursuant to U.S.S.G. 3E1 for an additional l?level decrease in recognition of the Defendant?s timely noti?cation of his intention to plead guilty. This Of?ce may oppose any adjustment for acceptance of responsibility if the Defendant fails to admit each and every item in the factual stipulation; denies involvement in the offense; gives conflicting statements about his involvement in the offense; is untruthful with the Court, this Of?ce, or the United States Probation Of?ce; obstructs or attempts to obstruct justice prior to sentencing; engages in any criminal conduct between the date of this agreement and the date of sentencing; or attempts to withdraw his plea of guilty. If the Defendant receives a 3-level reduction, the ?nal offense level will be 28. 7. This Of?ce and the Defendant agree that the Defendant?s conduct could have been charged as multiple counts. This Of?ce and the Defendant further agree that had the Defendant been convicted of additional counts, pursuant to U.S.S.G. 3D1.4, those counts would not group with the count of conviction, and the ?nal offense level would have increased by 5 levels. 8. The Defendant understands that there is no agreement as to his criminal history or criminal history category, and that his criminal history could alter his offense level if he is a Career Offender or if the instant offense was a part of a pattern of criminal conduct from which he derived a substantial portion of his income. - 9. This Office and the Defendant agree that with respect to the calculation of the advisory guidelines range, no other offense characteristics, sentencing guidelines factors, potential departures, or adjustments set forth in the United States Sentencing Guidelines will be raised or are in dispute. If the Defendant intends to argue for any factor that could take the sentence outside of the advisory guidelines range, he will notify the Court, the United States Probation Of?cer, and government counsel at least 14 days in advance of sentencing of the facts or issues he intends to raise. Obligations of the Parties 10. At the time of sentencing, this Of?ce will recommend a term of imprisonment of eight years, followed by three years of supervised release. This Of?ce may also recommend a - ?ne. 11. The parties reserve the right to bring to the Court?s attention at the time of sentencing, and the Court will be entitled to consider, all relevant information concerning the Defendant?s background, character, and conduct, as well as the impact of his conduct on the US. Government, including but not limited to the speci?c harms caused not only by the unlawful retention of the documents referenced in the Information and in this plea agreement, but also by the Government?s expenditure and diversion of resources to investigate the totality of information the Defendant retained without authorization. 12. If this agreement is accepted by the Court, this Office agrees not to bring any further charges against the Defendant arising from the conduct set forth in the attached Stipulated Facts. 13. The Defendant agrees to forfeit, and not to seek the return of, any property seized during the execution of the federal search warrant at the Defendant?s residence. 14. The Defendant understands and agrees that he has a continuing legal obligation to refrain from the unauthorized oral or written disclosure of classi?ed information, or information relating to the national defense. The Defendant understands and agrees that he shall not disclose, communicate, transmit, or disseminate in any way any'classi?ed information, or information relating to the national defense. The Defendant understands and agrees that the law absolutely forbids him from disclosing, communicating, transmitting, or disseminating any classi?ed information, or information relating to the national defense, without regard to where, when, or how he learned of or came into possession of the classi?ed information, or information relating to the national defense. The Defendant further understands and agrees that he is absolutely prohibited from disclosing, communicating, transmitting, or disseminating any classi?ed information, or information relating to the national defense, even if that information can be found in a book, on the Internet, or in any other source that is publically available or not. The Defendant understands and agrees that merely because classi?ed information, or information relating to the national defense, may have appeared pnblically does not render that information unclassi?ed. The Defendant further understands and agrees that he is prohibited from con?rming or providing any detail regarding classi?cation status, technical accuracy, or potential uses for any classi?ed information, including national defense information, that may appear in any public or non-public source. This agreement does not in any way reduce the Defendant?s existing obligations not to disclose classi?ed information or other U.S. Government information he learned or received in the course of his employment. 15. The Defendant understands and agrees that he shall not communicate, in any way, verbally or in writing, including any electronic means of communication, information relating to classi?ed subject areas to which the Defendant was exposed while working for the United States government, without ?rst obtaining the express written permission of all relevant agencies or components of the United States government. 16. The Defendant understands and agrees that he shall comply with all obligations to which he is subject for pro?publication review and shall not collaborate on, consult about, or otherwise assist or be involved with any communication of information relating to classi?ed subject areas to which he was exposed while working for the United States government with any other person, without first obtaining the express written permission of all relevant agencies or components of the United States government. This prohibition includes, but is not limited to, any interviews of the Defendant, or anyone representing or acting on his behalf, by the media or others. This prohibition also includes any documents, computer code, or other information created by the Defendant in whole or in part, and any other papers, books, writings, electronic communications, articles, ?lms, or other productions relating to him or his work for the United States govemment, or the events leading to his conviction. 17. The Defendant hereby assigns to the United States any compensation, pro?ts, proceeds, fee, honorarium, money, or payment of any kind (collectively ?compensation?) which he may otherwise be entitled to receive in connection with any publication or dissemination of information relating to his work for the United States government, and the facts and circumstances of the investigation of his activities, or his prosecution, sentencing, or incarceration in this matter. This assignment includes, but is not limited to, any compensation provided to the Defendant in connection with any book, Writing, electronic communication, computer code, article, ?lm, documentary, or other production. This assignment includes all compensation for the benefit of the Defendant, regardless of whether such compensation is payable to him or others, directly or indirectly, for his bene?t, or the bene?t of his associates or a current, former, or future member of his family. The Defendant shall not circumvent this assignment by assigning the rights to his story to an associate or to a current, former, or future member of his family, or to another person or entity who would provide some ?nancial benefit to him, to his associates, or to a current, former, or future member of his family. Moreover, the Defendant shall not circumvent this assignment by communicating with an associate or family member for the purpose of assisting or facilitating their pro?ting from a public or private dissemination, whether or not such an associate or other family member is personally or directly involved in such dissemination. 18. The Defendant understands and agrees that any requests for permission to engage in communications described in the above paragraphs must be made in writing to the relevant agencies or components of the United States government for instructions on how to submit a request, and then must submit any such request pursuant to those instructions. No agency or component of the United States government is required to grant such permission to the Defendant, and the manner and timeliness of the review of any such request by him is at the sole discretion of the relevant agencies or components of the United States government. 19. The Defendant understands and agrees that he shall have no contact with any foreign government, or agents thereof, except with the express written permission of the Federal Bureau of Investigation. The Defendant shall not seek or accept, personally or through another person or entity, any bene?t from any foreign government or agent thereof. Should such a bene?t he received by the Defendant, or some person or entity on his behalf, the Defendant hereby assigns any such bene?t to the United States. Restitution 20. The Defendant agrees to the entry of a Restitution Order in the full amount of the victims? losses, which will be determined prior to sentencing. The Defendant agrees that, pursuant to 18 U.S.C. 3663 and 3663A and 3563(b)(2) and 3583(d), the Court may order restitution of the full amount of the actual, total loss caused by the offense conduct set forth in the factual stipulation, and that the United States Government and the National Security Agency are victims of the offense. The Defendant further agrees that he will fully disclose to the probation of?cer and to the Court, subject to the penalty of perjury, all information, including but not limited to copies of all relevant bank and ?nancial records, regarding the current location and prior?disposition of funds obtained as a result of the criminal conduct set forth in the factual stipulation as well as any ?mds that may be available as substitute assets for the purpose of restitution. The Defendant further agrees to take all reasonable steps to retrieve or repatriate any such funds and to make them available for restitution. If the Defendant does not ful?ll this provision, it will be considered a material breach of this plea agreement, and this Of?ce may seek to be relieved of its obligations under this agreement. Forfeiture 21. The Defendant understands that the Court will, upon acceptance of his guilty plea, enter an order of forfeiture as part of his sentence, and that the order of forfeiture may include assets directly traceable to his offense, substitute assets, andfor a money judgment equal to the value of the property derived from, or otherwise involved in, the offense. Speci?cally, the court vvill order the forfeiture of all property, real and personal, which represents or is traceable to the gross receipts obtained, directly or indirectly, from the offense, and any property, real and personal, involved in any such offense, or any property traceable to such property. The Defendant agrees to consent to the entry of orders of forfeiture for such preperty and waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(3) regarding notice of the forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment. This Of?ce agrees to seek the Attorney General?s approval to apply forfeited assets to the Defendant?s Restitution Order. Assisting the Government with Regard to the Forfeiture 22. The Defendant agrees to assist fully in the forfeiture of the foregoing assets. The Defendant agrees to disclose all of his assets and sources of income to the United States, and to take all steps necessary to pass clear title to the forfeited assets to the United States, including but not limited to executing any and all documents necessary to transfer such title, assisting in bringing any assets located outside of the United States within the jurisdiction of the United States, and taking whatever steps are necessary to ensure that assets subject to forfeiture are not sold, disbursed, wasted, hidden or otherwise made unavailable for forfeiture. The Defendant further agrees that he will not assist any third party in asserting a claim to the forfeited assets in an ancillary proceeding and that he will testify truthfully in any such proceeding. Waiver of Further Review of Forfeiture 23. The Defendant further agrees to waive all constitutional, legal, and equitable challenges (including direct appeal, habeas corpus, or any other means) to any forfeiture carried out in accordance with this Plea Agreement on any grounds, including that the forfeiture constitutes an excessive ?ne or punishment. The Defendant also agrees not to challenge or seek review of any civil or administrative forfeiture of any property subject to forfeiture under this l. 'rv-w ggcp. agreement, and will not assist any third party with regard to such challenge or review or with regard to the ?ling of a petition for remission of forfeiture. Collection of Financial Obligations 24. The Defendant expressly authorizes this Of?ce to obtain a credit report in order to evaluate the Defendant?s ability to satisfy any ?nancial obligation imposed by the Court. In order to facilitate the collection of ?nancial obligations to be imposed in connection with this prosecution, the Defendant agrees to disclose fully all assets in which the Defendant has any interest or over which the Defendant exercises control, directly or indirectly, including those held by a spouse, nominee or other third party. The Defendant will submit a completed ?nancial statement to this Of?ce, in a form this Of?ce prescribes and as it directs. The Defendant promises that the financial statement and disclosures will be complete, accurate and truthful, and understands that any willful falsehood on the ?nancial statement will be a separate crime and may be punished under 18 U.S.C. 1001 by an additional five years? incarceration and ?ne. Tax Liability 25. The Defendant understands that this agreement does not resolve any civil or criminal tax liability that he may have as a result of his offenses, and that this agreement is with the United States Attorney?s Of?ce for the District of Maryland, and not with the Internal Revenue - Service or the Tax Division of the United States Department of Justice. The Internal Revenue Service is not a party to this agreement and remains free to pursue any and all lawful remedies it may have. - Waiver of Appeal 26. In exchange for the concessions made by this Office and the Defendant in this plea agreement, this Office and the Defendant waive their rights to appeal as follows: a. The Defendant knowingly waives all right, pursuant to 28 U.S.C. 1291 or otherwise, to appeal the Defendant?s conviction. 1). The Defendant and this Of?ce knowingly waive all right, pursuant to 18 U.S.C. 3742 or otherwise, to appeal whatever sentence is imposed (including the right to appeal any issues that relate to the establishment of the advisory guidelines range, the determination of the Defendant?s criminal history, the weighing of the sentencing factors, and the decision whether to impose and the calculation of any term of imprisonment, ?ne, order of forfeiture, order of restitution, and term or condition of supervised release), except as follows: the Defendant reserves the right to appeal any term of imprisonment to the extent that it exceeds any sentence within the advisory guidelines range resulting from an adjusted base offense level of 28, and (ii) this Of?ce reserves the right to appeal any term of imprisonment to the extent that it is below any sentence within the advisory guidelines range resulting from an adjusted base offense level of 28. 0. Nothing in this agreement shall be construed to prevent the Defendant or this Of?ce from invoking the provisions of Federal Rule of Criminal Procedure 35(a), or from wax-35,53? win-wt? ., amnm-qy) ms. 35.331!) appealing from any decision thereunder, should a sentence be imposed that resulted from arithmetical, technical, or other clear error. d. The Defendant waives any and all rights under the Freedom of Information Act relating to the investigation and prosecution of the above?captioned matter and agrees not to ?le any request for documents from this Of?ce or any investigating agency. Obstruction or Other Violations of Law 27. The Defendant agrees that he will not commit any offense in violation of federal, state or local law between the date of this agreement and his sentencing in this case. in the event that the Defendant engages in conduct after the date of this agreement which would justify a ?nding of obstruction of justice under U.S.S.G. 3C1.1, or (ii) fails to accept personal responsibility for his conduct by failing to acknowledge his guilt to the probation of?cer who prepares the Presentence Report, or commits any offense in violation of federal, state, or local law, then this Of?ce will be relieved of its obligations to the Defendant as re?ected in this agreement. Speci?cally, this Of?ce will be ?ne to argue sentencing guidelines factors other than those stipulated in this agreement, and it will also be free to make sentencing recommendations other than those set out in. this agreement. As with any alleged breach of this agreement, this Office will bear the burden of convincing the Court of the Defendant?s obstructive or unlawful behavior and/or failure to acknowledge personal responsibility by a preponderance of the evidence. The Defendant acknowledges that he may not withdraw his guilty plea because this Of?ce is relieved of its obligations under the agreement pursuant to this paragraph. Court Not a Party 28. The Defendant expressly understands that the Court is not a party to this agreement. In the federal system, the sentence to be imposed is within the sole discretion of the Court. in particular, the Defendant understands that neither the United States Probation Of?ce nor the Court is bound by the stipulation set forth above, and that the Court will, with the aid of the Presentence Report, determine the facts relevant to sentencing. The Defendant understands that the Court cannot rely exclusively upon the stipulation in ascertaining the factors relevant to the determination of sentence. Rather, in determining the factual basis for the sentence, the Court will consider the stipulation, together with the results of the presentence investigation, and any other relevant information. The Defendant understands that the Court is under no obligation to accept this Office?s recommendations, and the Court has the power to impose a sentence up to and including the statutory maximum stated above. The Defendant understands that if the Court ascertains factors different from those contained in the stipulation set forth above, or if the Court should impose any sentence up to the maximum established by statute, the Defendant cannot, for that reason alone, withdraw his guilty plea, and will remain bound to fulfill all of his obligations under this agreement. The Defendant understands that neither the prosecutor, his counsel, nor the Court can make a binding prediction, promise, or representation as to what guidelines range or sentence the Defendant will receive. The Defendant agrees that no one has made such a binding prediction or promlse. 're'gssw we me? - {Enti re Agreement 2.9. This agreement supersedes; any priez' understandings, premises, er conditions between this; Of?ce and the Defendant and eenstimtes me eemplete plea agreement in this case. The Defendant acknowledges that there are no other agreements, promises, tmdermkinge or urwlersteudings between the Defendant and this Of?ce ether than those Set. forth in this agreement and none will be entered ieige ur?ess in and eiggned by all parties. Ifthe Defendant fully accepts; each and every term. and condition ofthis ietter, please Sign and have the Defendant Sign the original and realm it to me Very yeure, Stephee M. Sehenning Acting United Statee Attemey 111011133 Windem A. Mifeheli United $mtes Attorneys 42W {MV?ym Thee DY. R, Kendler Trial Attorney, US. Depertmeni National Security Divisien 1 have read this agreement and em'efuliy reviewed every part of ii: with my eitemey I undersde it, and I vehmtar?y agree to it, Speei?ealiy, 1 have reviewed the Faetua! and Advisory Guideiines Stipulatien wifh my attorney, and. 3. do not wish to change any part of it. 1' am completely satis?ed with the represematie?n efmy attorney. Nghia Heang Flaw i am Nghia 'Heamg {3110?s attorney. have eerefu?y reviewed every part ef?this agreement with him. He advises; me that; he imciel?etzmdis and ace} ?13 terms. To my knowledge, his deeisiee Date ace/C, ?esib, Esq. Com :ei for Defendant Nghie Irieeng Phe mm. mg? Wares? "treats? ATTACHMENT A STIPULATED FACTS UNITED STATES v. NGHIA HOANG PHO cht's matter had proceeded to trial, the Government would have proven the folio wing facts beyond a reasonable doubt. The parties agree that the following facts do not encompass all of the facts that would have been proven had this matter proceeded to trial. The Defendant Defendant NGHIA HOANG PHO was a resident of Ellicott City, Maryland. Beginning in or about April 2006, and continuing through in or about 2016, PHO was employed as a Tailored Access Operations developer for the National Security Agency in Maryland. In connection with his employment, PHO held various security clearances and had access to national defense and classi?ed information. Classi?ed Information Pursuant to Executive Order 12958 signed on April 17, 1995, as amended by Executive Order 13292 on March 25, 2003, and Executive Order 13526 on December 29, 2009, national security information was classi?ed as or National security information was information owned by, produced by, produced for, and under the control of the United States government that was classi?ed as follows: Information was classi?ed as TOP SECRET if the unauthorized disclosure of that information reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority was able to identify and describe; Information was classi?ed as SECRET if the unauthorized disclosure of that information reasonably could be expected to cause serious damage to the national security that the original classi?cation authority was able to identify and describe; and (0) Information was classi?ed as CONFIDENTIAL if the unauthorized disclosure of that information reasonably could be expected to cause damage to the national security that the original classi?cation authority is able to identify and describe. Access to national security information classi?ed at any level could be further restricted through companmentation in Sensitive Compartmented Information categories. Only individuals with the approPriate security clearance and additional SCI access(es) could have access to such classi?ed national security information. Classi?ed information, including SCI, was marked according to its classi?cation and applicable SCI compartments, following standard formats for different types of media, including headers and footers stating the highest classification level and SCI compartments of information a document contained and individual classi?cations markings for each paragraph. 1 At some point during employment, portions of responsibilities were reorganized into Computer Network Operations ll Information classi?ed at any level could only be accessed by persons determined by an appropriate United States government of?cial to be eligible for access to classi?ed information, who had signed an approved non?disclosure agreement, who received a security clearance, and who had a need to know the classi?ed information. Classi?ed information could only be stored in an approved facility and container. The NSA was a US. government intelligence agency with various of?ces and facilities, and was a component of the United States Intelligence Community and the United States Department of Defense The primary facility and headquarters were at Fort Meade in the District of Maryland. The NSA was responsible for, among other things, collecting, processing, and disseminating intelligence derived from intercepted foreign communications to US. policy-makers and military forces, and protecting secure government systems that handle classi?ed information and are otherwise critical to military and intelligence agencies. The TAO involved operations and intelligence collection to gather data from target or foreign automated information systems or networks and also involved actions taken to prevent, detect, and respond to unauthorized activity within information systems and computer networks, for the United States and its allies. The Defendant?s Training Regarding, and Access to, Classi?ed Information PHO was required to receive and maintain a security clearance to be empioyed at the NSA. PHO held security clearances up to TOP Over his many years holding a security clearance, PHO received training regarding classi?ed information, including the de?nitions of classi?ed information, the levels of classi?cation, and SCI, as well as the proper handling, marking, transportation, and storage of classi?ed materials. PHO received training on his duty to protect classi?ed materials from unauthorized disclosure, which included complying with handling, transportation, and storage requirements. PHO was told that unauthorized removal of classi?ed materials and transportation and storage of those materials in unauthorized locations risked disclosure and transmission of those materials, and therefore could endanger the national security of the United States and the safety of its citizens. In particular, PHO had been advised that unauthorized disclosure of TOP SECRET information reasonably could be expected to cause exceptionally grave damage to the national security of the United States, and that violation of rules governing the handling of classi?ed information could result in criminal prosecution. PHO worked on highly classi?ed, specialized projects and had access to government computer systems, programs, and information, including classi?ed information. The Defendant?s Removal and Retention of National Defense and Classified Information Because PHO held a security clearance and was an NSA employee, the United States Government entrusted PHO with access to sensitive government materials, including information 12 relating to the national defense that was closely held by the government (?National Defense Information?) and classi?ed documents, writings, and materials. Beginning in or about 2010 and continuing through in or about March 2015, PHO removed and retained U.S. government property, including documents and writings. Many of the documents and writings PHO removed and retained bore standard markings indicating that they contained highly classi?ed information of the United States, including TOP SECRET and SCI information. The information in the classi?ed documents and writings included National Defense Information. PHO retained documents and writings, in hard copy and digital form, containing National Defense Information and classi?ed information in a number of locations within his residence in the District of Maryland. PHO knew that the documents and writings contained classi?ed information that related to the national defense. PHO was never authorized to retain these documents and writings at his residence. PHO knew that he was not authorized to remove National Defense Information and classi?ed documents and writings from secure locations and was not authorized to retain them at his residence. PHO will?illy and unlawfully retained documents and writings that contained National Defense Information, including classi?ed documents and writings, which were classi?ed as TOP SECRET and SCI. On or about March 9, 2015, in the District of Maryland and elsewhere, PHO, having unauthorized possession of, access to, and control over documents and writings relating to the national defense, willfully retained the documents and writings and failed to deliver them to the officer or employee of the United States entitled to receive them. I have read this statement of facts and carefully reviewed it with my attorney. I acknowledge that it is true and correct. [2.9 @217 Ddte Nghia Hoang Pho I am Nghia Hoang Pho?s attorney. I have carefully eviewed the statement of facts with him. 1/ Date I Co sel for ghia Hoang Pho 13