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UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CA1f FORNIA
June 2017 Grand Jury

10
11

Case No.

UNITED STATES OF AMERICA,

I N D I C T ME N T

12
13
14

18 CB 36?6 JLS

v.
DAVID WILLIAMS HAAS,

15

Defendant.

16
17
18

Title 18, U.S.C., Sec. 371 Conspiracy To Commit Bribery;
Title 18, U.S.C., Sec.
201(b) (2) (A) and (C) - Bribery;
Title 18, U.S.C., Secs. 1349, 1346
and 1343 - Conspiracy To Commit
Honest Services Fraud; Title 18,
U.S.C., Sec. 981 (a) (1) (C), and
Title 28, U.S.C., Sec. 246l(c) Criminal Forfeiture

19
20

The grand jury charges that, at all times relevant:

21

1.

Defendant DAVID WILLIAMS HAAS,

("HAAS") , was an active-duty

From September 2001 to June 2003,

22

Officer in the United States Navy.

23

as a Lieutenant Commander, HAAS was the Executive Officer onboard the

24

USS Blue Ridge, the command ship for the U.S. Navy's Seventh Fleet based

25

out of Yokosuka, Japan.

In this position, HAAS was responsible for the

26

safe operation,

and material

27

flagship,

as

and

enlisted

28

sailors.

From June 2003 to June 2005, HAAS was the Command,

Control,

upkeep,

well

as

condition of

command over U.S.

MWP:PAHO:nlv:San Diego:8/16/18

the Seventh Fleet

Navy officers

 1

Computer, Communications, Information, Surveillance and Reconnaissance

2

Officer onboard the USS Essex,

3

Sasebo,

4

department of

5

operating the ship's communications suite and all of the ship's self-

6

defense combat systems.

7

as a Commander, held various additional positions of responsibility in

8

the U.S.

9

Commanding Officer of the USS Thach, a U.S. Navy frigate based out of

Japan.

an amphibious assault

In this position,
over 160. U.S.

Navy.

ship based in

HAAS was responsible for leading a

Navy officers and enlisted sailors and

From July 2005 until January 2008, HAAS, now

From February 2008 to September 2009,

HAAS was the

10

San Diego, CA.

In this position, HAAS was responsible for all operations

11

of the ship and over 200 U.S. Navy officers and enlisted sailors

12

his command.

13

2.

unde~

Following his promotion to Captain, from August 2011 to July

14

2013, HAAS was the Operations Officer for the U.S. Navy's Seventh Fleet,

15

a position also known by the moniker "N3" or Maritime Operations Center

16

Director,

17

responsible for directing all Seventh Fleet operations including missile

18

defense, disaster relief and exercises, and administering a $1.5 billion

19

fuel budget.

20

3.

onboard the USS Blue

Ridge.

In this position,

HAAS was

As an Officer in the United States Navy, HAAS was a "public

21

official"

22

Section 20l(a) (1), and as such, HAAS owed a fiduciary duty to both the

23

U.S. Navy and the American public.

24

4.

within

the

definition

Leonard Glenn Francis,

of

Title

18,

United

States

("Francis") , charged elsewhere, was a

25

citizen of Malaysia,

26

Exe cu ti ve Officer and President of Glenn Defense Marine (Asia)

27

a multi-national corporation with headquarters

28

September

2013,

GDMA

residing in Singapore.

had

Code,

operating
2

Francis was the Chief

locations

( "GDMA") ,

in Singapore.
in

many

As of

countries,

 1

including

Japan,

Thailand,

2

Australia,

3

involved the "husbanding" of marine vessels, a service it had provided

4

across

5

contracts with the U.S.

6

involves

7

procurement of items and services required by ships and submarines when

8

those vessels arrive at port.

9

included,

Philippines,

the

Seventh

the

Malaysia,

Hong

and the United States.

Fleet's

area

of

Kong,

responsibility

scheduling,

and

Indonesia,

GDMA' s main business

Navy for over 25 years.

coordinating,

among others,

Ko.rea,

under

various

"Ship husbanding"

direct

and

indirect

Examples of these i terns and services

tugboats;

fenders;

port authority or customs

10

fees; security; food; fuel; water; trash removal; collection, holding,

11

and transfer of liquid waste

12

others.

13

5.

14

among many

( "Wisidagama") , charged elsewhere, a citizen

of Singapore, was GDMA's Global Manager for Government Contracts.

15
16

Alex Wisidagama,

( "CHT") ; and transportation,

6.

Neil Peterson ("Peterson"),

charged elsewhere,

a citizen of

Singapore, was GDMA's Vice President of Global Operations.

17

7.

Michael Misiewicz,

("Misiewicz") ,

charged elsewhere, was an

18

active duty Commander in the United States Navy.

19

2012, Misiewicz was the Deputy Operations Officer for the U.S. Navy's

20

Seventh Fleet,

21

Misiewicz was HAAS'S second-in-command from August 2011 until December

22

2012, when Misiewicz left the Seventh Fleet.

23

8.

also known by the moniker "N3B."

From January 2011 to

In this position,

In an effort to build and solidify a corrupt relationship with

24

HAAS,

from in or about 2003 until 2011, Francis routinely entertained

25

HAAS throughout the Seventh Fleet area of responsibility, including by

26

throwing lavish parties at five star hotels and opulent restaurants,

27

plying HAAS with hotel rooms, entertainment, and alcohol, and providing

28

HAAS with the frequent services of prostitutes.
3

 Official Duties

1

2

9.

HAAS, as an officer in the U.S.

Navy, had and was assigned

3

various official duties,

4

the United States Navy Regulations;

5

("DoDD")

6

Regulations),

7

(Standards of Ethical Conduct for Employees of the Executive Branch),

8

and 5 C.F.R. Part 3601 (Supplemental Standards of Ethical Conduct for

9

Employees

10

5500.07

of

including, but not limited to those found in
Department of Defense Directive

(Standards of Conduct), DoDD 5500.07-R (Joint Ethics

and supplements thereto,

the

Department

including 5 C.F.R.

of Defense);

Part

2625

and Executive Order 12674

(Principles of Ethical Conduct) .

11

10.

Among many others, the official duties of Officers in the U.S.

12

Navy include

13

their authority extends,

14

relating to the Department of the Navy;

15

discharging the duties of their offices to the best of their ability in

16

conformance

17

profession of the oath of office (Article 1130); (3) requiring themselves

18

to show a good example of virtue, honor, patriotism, and subordination;

19

to be vigilant in inspecting the conduct of all persons who are placed

20

under their command; to guard against and suppress all dissolute and

21

immoral practices, and to correct, according to the laws and regulations

22

of the U.S.

23

necessary and proper measures, under the laws, regulations and customs

24

of the naval services, to promote and safeguard the morale, the physical

25

well-being and the general welfare of the officers and enlisted persons

26

under their command or charge (Article 1131);

27

possible to superior authority all offenses under the Uniform Code of

28

Military Justice

(1)

with

Navy,

acquainting themselves with,
enforcing the laws,

existing

orders

and

(2)

obeying and,
regulations,

and orders

faithfully and truthfully

regulations

and

all persons who are guilty of them;

( "UCMJ")

so far as

their

solemn

and take all

(4) reporting as soon as

which come under their observation (Articie
4

 1

1137);

2

Defense and Secretary of the Navy regarding the Standards of Conduct and

3

Government

4

fraudulent,

5

(Article 1115) .

6

(5)

complying with all directives

Ethics

11.

(Article

1110) ;

and

issued by the Secretary of

( 6)

reporting

in writing any

collusion, or improper conduct by a U.S. Navy contractor

To perform his duties, HAAS held a "Secret" or "Top Secret"

7

clearance as a prerequisite to handling various types of classified

8

information.

9

U.S. Navy Officers in the handling of classified information, including

10

DoDD 5200.02r, which requires among other duties that individuals having

11

access to classified information must promptly report to their security

12

office:

13

information or of other information, disclosure of which is prohibited

14

by Statute, Executive Order, or Regulation (C2.2.l.5); the disregard of

15

public

16

criminal

17

commission

18

untrustworthiness (C2.2.1.9); any vulnerability to coercion, influence,

19

or pressure that may cause conduct contrary to the national interest

20

(C2.2.1.11); and any acts of sexual misconduct or perversion indicative

21

of moral turpitude, poor judgment, or lack of regard for the laws of

22

society

23

report when "they become aware of information with potentially serious

24

security

25

information" in a sensitive position (C9.l.5).

26

any

law,

12.

27

Defense

28

awareness

or

Additional regulations prescribe the official duties of

unauthorized

Statute,

Executive Order,

dishonest
that

disclosure

(C2. 2 .1.17) .

poor

Co-workers

significance

any

regarding

person

or Regulation

( C2 . 2 . 1. 8 ) ;

conduct

indicate

to

any

acts

someone

an equal

with

classified

(C2.2.1.7);
of

omission

unreliability,

judgment,

shoulder

of

official

access

to

duty

any
or
or

to

classified

DoDD 5240.06 prescribes the official duties of Department of
personnel,

including

and reporting.

HAAS,

related

In particular,
5

to

counterintelligence

DOD personnel

must

report

 1

certain enumerated contacts,

2

potential

3

personnel, information, materiel, facilities, and activities or against

4

U.S. national security.

5

following activities: any improper handling or disclosure of classified

6

information; attempts to entice co-workers into criminal situations that

7

could lead to blackmail or extortion; attempts to entice DOD personnel

8

into situations that could place them in a compromising position; and

9

attempts

10

foreign

to

activities,

intelligence

place

DOD

entity

indicators,
threats

and behaviors as

against

the

DOD,

its

Mandatory reporting obligations inure to the

personnel

under

obligation

through

special

treatment, favors, gifts, or money.

11

Count 1
Conspiracy To Commit Bribery

12

(18

u.s.c.

§

371)

13
14
15

16

13.

The allegations in Paragraphs 1 through 12 of this Indictment

are hereby re-alleged and incorporated herein.
14.

From in our about October 2011 to September 2013, on the high

17

seas and out of the jurisdiction of any particular district, defendant

18

DAVID WILLIAMS HAAS,

19

Michael

20

others ( 1) knowingly and unlawfully combined, conspired, and agreed to

21

commit bribery; that is, HAAS, Misiewicz, Francis, and others knowingly

22

agreed that,

23

performance of official acts and in return for HAAS and Misiewicz being

24

induced to do and omit to do acts in violation of their official duties,

25

as opportunities arose (a) Francis and others directly and indirectly,

26

corruptly gave,

27

Misiewicz,

28

hotel rooms, and the services of prostitutes; and (b) HAAS and Misiewicz

Misiewicz,

("HAAS") , a public official, U.S. Navy Commander
("Misiewicz") ,

Leonard

Francis,

("Francis") ,

and

in return for HAAS and Misiewicz being influenced in the

offered,

and promi.sed

including travel,

meals,

6

things

alcohol,

of

value

to

HAAS

and

entertainment expenses,

 1

would directly and indirectly, corruptly demand, seek, receive, accept,

2

and agree to receive and accept these things of value; and (2)

3

Misiewicz, and Francis took overt acts in furtherance of this conspiracy

4

and to effect its objects, all in violation of Title 18, United States

5

Code, Sections 201 (b) (1) (A) and (C), and 201 (b) (2) (A) and (C).

6

HAAS,

OBJECTS OF THE CONSPIRACY
15.

7

It was an object of the conspiracy for HAAS and Misiewicz to

8

use their official position and influence in the U.S. Navy to perform

9

official acts; to exert pressure on other officials to perform official

10

acts;

11

intending that such advocacy and advice would form the basis for their

12

official acts; all to advance GDMA's interests, as questions, matters,

13

and controversies regarding GDMA's ship husbanding business were brought

14

to HAAS' s and Misiewicz' s attention; and in return, Francis and others

15

would offer and give a stream of benefits to or on behalf of HAAS and

16

Misiewicz,

17

hotel rooms, and the services of prostitutes.

18

and to advocate before and advise other officials,

16.

including travel,

It

was

a

further

meals,

object

alcohol,

of

the

knowing and

entertainment expenses,

conspiracy

for

HAAS

and

19

Misiewicz to do and omit to do acts in violation of their official

20

duties, and in return, Francis and others offered and gave a stream of

21

benefits

22

entertainment, hotel rooms, and the services of prostitutes.

to

23
24

25
26

HAAS

and

Misiewicz,

including

travel,

meals,

alcohol,

MANNERS AND MEANS OF THE CONSPIRACY
17.

In furtherance

of

this

conspiracy,

and

to

accomplish

its

objects, the following manners and means were used, among others:
a.

Francis offered and gave a stream of benefits to HAAS and

27

Misiewicz, including travel, meals, alcohol, entertainment, hotel rooms,

28

and the services of prostitutes.
7

 b.

1
2

HAAS and Misiewicz sought, received, and accepted these

things of value from Francis.

c.

3

In return for this stream of things of value from Francis,

4

HAAS and Misiewicz agreed to perform official acts; to exert pressure

5

on other officials to perform official acts; and to advocate before and

6

advise other officials,

7

advice would form the basis for their official acts,

8

GDMA' s

9

GDMA's ship husbanding business were brought to HAAS'S and Misiewicz's

10

interests as questions,

d.

and controversies

regarding

HAAS and Misiewicz provided Francis with classified U.S.

Navy ship s.chedules.

13
14

matters,

all to advance

attention.

11
12

knowing and intending that such advocacy and

e.

HAAS

and

Misiewicz

provided

Francis

with

internal,

proprietary U.S. Navy information.

15

f.

HAAS and Misiewicz exerted pressure on other U.S. Navy

16

officials,

and advocated for and provided advice to other U.S.

17

officials,

knowing and intending that such advocacy and advice would

18

form the basis for such other officials' decisions to direct ships to

19

ports that were more lucrative for Francis and GDMA.

20

g.

HAAS

and

Misiewicz

took

official

acts

and

Navy

exerted

21

pressure on, advocated before, and provided advice to other U.S. Navy

22

officials,

23

form the basis for such other officials' decisions to pay GDMA's claims,

24

overlook inflated invoices, suppress competition in contract awards, and

25

resolve

26

regarding GDMA's husbanding business.

27

28

knowing and intending that such advocacy and advice would

in GDMA' s

h.

favor other questions,

matters,

and controversies

In return for this stream of benefits from Francis, HAAS

and Misiewicz were induced to do and omit to do acts in violation of
8

 1

their

official

2

failing to report others'

3

contractor, a prohibited source; failing to guard against and suppress

4

and correct dissolute and immoral

5

safeguard the morale, physical well-being, and general welfare of other

6

U.S. Navy Officers; engaging in and failing to report violations of the

7

UCMJ; and failing to report fraudulent and improper conduct by a U.S.

8

Navy contractor.
i.

9

duties,

including,

among

many others,

receiving

and

receipt of things of value from a defense

practices;

failing to promote and

In return for this stream of benefits from Francis, HAAS

10

and Misiewicz were induced to do and omit to do acts in violation of

11

their official duties with respect to classified information, including,

12

engaging in and failing to report acts of omission or commission that

13

indicate poor judgment, unreliability, or untrustworthiness; failing to

14

report vulnerability to coercion, influence, or pressure that may cause

15

conduct contrary to the national interests, and engaging in and failing

16

to report others' acts of sexual misconduct or perversion indicative of

17

moral turpitude, poor judgment or lack of regard for the laws of society.
j .

18

In return for this stream of benefits from Francis, HAAS

19

and Misiewicz were induced to do and omit to do acts in violation of

20

their official

21

including engaging in and failing to report others'

22

and disclosure of classified information;

23

report attempts to entice co-workers into criminal situations that could

24

lead to blackmail

25

attempts to entice DOD personnel into situations that could place them

26

in a compromising position; and failing to report attempts to place DOD

27

personnel under obligation through special treatment, favors, gifts, or

28

money.

duties with respect to foreign

or extortion;

engaging

9

intelligence threats,
improper handling

engaging in and failing to

in and

failing

to

report

 HAAS

k.

1

and

Misiewicz

their

3

candidates

for

their ability to perform official

4

behalf,

5

information, and exert pressure on, advocate before, and provide advice

6

to other officials on questions, matters,

7

GDMA's

8

advocacy and advice would

9

decisions, as well as for their perceived discretion, and willingness

10

ship

husbanding

classified

business,

and

Francis,

potential

in

with

with

vetted

successors

Francis

relationship

and

2

provide

corrupt

identified

acts

evaluating

on Francis' s

internal,

proprietary

and controversies regarding

knowing

and

form the basis for

intending

that

such

such other officials'

to accept items of value from Francis.
1.

11

HAAS

and

Misiewicz

sought

to

conceal

their

corrupt

12

relationship with Francis by communicating with Francis using private

13

email accounts, rather than their U.S. Navy accounts.

14
15
16
17

OVERT ACTS
18.

In furtherance of the conspiracy and to effect its objects,

the following overt acts, among others, were committed:
Al.

On or about November 5, 2011, while HAAS was the Director,

18

Maritime Operations

19

Ridge, Francis met with HAAS and Misiewicz at Francis's room at the Ritz

20

Carlton Hotel

21

hotel's Teppanyaki restaurant and providing them with prostitutes, at a

22

cost of over $20,000.

23
24
25

A2.

("N3"),

in Tokyo,

Seventh Fleet Staff aboard the USS Blue

Japan,

In Fall 2011,

before taking them to dinner at

the

Francis paid for a "50th Birthday" party

for the wives of HAAS and others.
A3.

On or about November 8, 2011, HAAS directed Misiewicz to

26

forward to Francis an internal U.S. Navy email regarding the arrangements

27

and schedule for an upcoming port visit to Manila, Philippines, by the

28

USS Fitzgerald.
10

 A4.

1

On or about November 24 to 25, 2011, a GDMA Manager, Ed

2

Aruffo, charged elsewhere, provided HAAS with a suite at the New Sanno

3

Hotel in Tokyo, Japan.

4

AS.

On

or

about

November

2011,

25,

Misiewicz

emailed

5

describing resistance to the

6

Sepangar,

7

hard on getting big decks to Sepangar .... Give me a little bit to work

8

your plan, Big Bro."

Malaysia,

A6.

9

idea of aircraft carrier port visits in

but reassuring Francis,

"Believe me,

I've leaned

On or about December 20, 2011, in an email entitled, "Yet

10

Another Favor," HAAS requested that GDMA provide a hotel room for his

11

friend and friend's family at the New Sanno Hotel for ten days, beginning

12

on December 24, 2011.

13
14

A7.

On or about December 31, 2011, Misiewicz provided Francis

with classified U.S. Navy ship schedules.

15

AB.

On or about January 10, 2012, Misiewicz provided Francis

16

with

classified

17

schedules, Francis email.ed Misiewicz demanding that he u.se his position

18

and

19

Malaysia instead of Singapore.

influence

2O

A9 .

U.S.

to

On

Navy

"swing"

ship

the

February

6,

schedules.

USS

George

2012,

After

Washington

Aruffo

paid

reviewing

to

for

Port

these

Klang,

dinner

and

21

transportation for HAAS, Misiewicz, and others in Sapporo, Japan. Aruffo

22

also paid for lavish dinners for HAAS and his wife in Tomakomai, Japan,

23

and Tokyo, Japan, on other occasions in 2012.

24

AlO. On or about March 13, 2012, Francis sent HAAS proprietary

25

cost

information from

26

India,

27

competing contractor.

28

HAAS, telling Francis that he would discuss Francis's proposal with the

along

with

an

a

competing husbanding contractor

unsolicited

proposal

that

GDMA

in Chennai,
replace

Misiewicz replied several hours later,

11

that

copying

 1

acting Assistant Chief of Staff, Seventh Fleet, for supply and logistics.

2

HAAS'S and Misiewicz's advocacy before, and advice to other U.S. Navy

3

officials,

4

Seventh Fleet commander to press his proposal to replace the incumbent

5

contractor in Chennai with GDMA.

thereafter caused Francis to be invited to meet with the

6

All. On or about March 25, 2012, Francis provided HAAS with a

7

Horizon Club-level room for one night at the Makati Shangri-La Hotel in

8

Manila, Philippines.
Al2. On or about April 8,

9

2012, Misiewicz emailed two other

10

Seventh Fleet officers, copying HAAS, criticizing the Chennai port visit

11

handled by GDMA' s competitor.

12

HAAS's]

13

result, perhaps?

14

Report]

15

lessons/pain next time around... "

17

"Not in our

[his and

lane, but who was HSP, did we go on the cheap and this is the
This time around let's make sure that the [After Action

is collected and preserved so we don't have a repeat the same

Al3. On

16

Misiewicz wrote,

or

about

April

11,

2012'

Francis

provided

transportation and dinner for HAAS and Misiewicz in Yokosuka, Japan.

18

Al4. On or about May 11 to 15, 2012, during an event Francis

19

termed,

20

Hotel

21

Cinderella Liberty festivities included dinner, entertainment at a night

22

club,

23

suite where HAAS was present.

24
25
26

"Cinderella Liberty," Francis paid for rooms at the Shangri-La
in Jakarta,

alcohol,

Indonesia,

for HAAS,

Misiewicz,

and others.

and the services of prostitutes in Misiewicz' s

The

hotel

Al5. On or about May 25, 2012, Francis provided a vehicle and
hotel room for HAAS during a port visit in Laem Chabang, Thailand.
Al6. On or about June 29 to 30, 2012, in Tokyo, Japan, Francis

27

paid for a

two-day party for HAAS,

28

transportation, dinner at Nobu Restaurant, and entertainment at several
12

Misiewicz,

and others,

including

 1

hostess clubs where the services of prostitutes were provided, all at a

2

total cost of over $75,000.

3

A17. On or about August 2, 2012, during a dispute between GDMA

4

and the port authority in Hakata,

5

provided advice to the Assistant Chief of Staff, Seventh Fleet, on GDMA' s

6

behalf, knowing and intending that such advocacy and advice would form

7

the basis for the Assistant Chief of Staff's decisions.

8

Japan,

HAAS advocated before,

and

Al8. From approximately August 17 to 21, 2012, during a port

9 visit by the USS Blue Ridge to Busan, South Korea, Francis partied with
10

HAAS and Misiewicz, footing the bill for hotel rooms, dinner,

11

and the services of prostitutes.

12
13

drinks,

A19. On or about September 8, 2012, Misiewicz provided Francis
with a list of classified ship schedules.
A20. By email on or about September 14, 2012,

14
15

Navy

16

exerted pressure

17

Assistant Chief of Staff, Seventh Fleet in favor of an aircraft carrier

18

port

19

pressure,

20

Chief of Staff's decisions.

21

but too much riding on Sepanger wrt relationships with the RMN [Royal

22

Malaysian Navy]

and their national govt.

They have a ton planned and

23

have worked very hard to make this happen.

Need to go [Course of Action]

24

1

25

personally to get it from the horses mouth."

or

contracting

visit

2 [.]

to

personnel's
on,

concerns

advocated before,

Sepangar,

Malaysia,

about

exorbitant

despite U.S.
costs,

and provided advice

knowing

and

to

intending that

HAAS
the

such

advocacy and advice would form the basis for the Assistant

[W] ould

HAAS wrote, "CoS certainly can over rule,

recommend you pick up

the

phone

and call

GDMA

26

A21. Misiewicz immediately forwarded HAAS'S September 14, 2012

27

email to Francis, who boasted to his staff, "love it when my plan falls

28
13

 1

in place like a Movie a GDMA Box Office Classic NAVSUP is IED in my

2

Backyard. "
A22. On or about

3

September 15,

2012,

Francis and Peterson

4

exchanged text messages about HAAS' s email to the Assistant Chief of

5

Staff. Peterson wrote "Good one sir, HAAS pushing [the Assistant Chief

6

of Staff's] buttons." Francis replied, "Correct we ambushed them ha ha.

7

By IED."

8

Sepangar, Malaysia from September 30 to October 4, 2012, for which GDMA

9

billed the U.S. Navy over $3 million.

The USS John C. Stennis did,

in fact, make a port visit to

10

A23. Following the USS George Washington's port visit to Port

11

Klang, Malaysia and the USS John C. Stennis's port visit to Sepangar,

12

Malaysia, Francis emailed HAAS'S and Misiewicz's personal email accounts

13

on or about October 14,

14

advocate for Bali,

15

aircraft carrier: "Bro' s, I planted Bali [port visit] with CTF 70

16

George Washington] during the [recent] PKCC [Port Klang] visits.

17

the same with JCS [USS John C. Stennis] in Sepanger.

18

[]

19

weekend in Tokyo, rest well love you Bro's :) Missed you since Busan."

for JCS,

2o

2012,

pressing them to exert

pressure and

Indonesia as a port visit location for a U.S. Navy

Nimitz,

or GW.

I

[USS
I did

Let's work on Bali

look forward to this discussion next

A24. In about November 2 012,

Francis sought assistance from

21

HAAS to fight accusations that GDMA had dumped untreated sewage in Subic

22

Bay, Philippines.

23

internal, proprietary information on how the U.S. Navy was handling the

24

accusations and asked HAAS to forward a pro-GDMA Philippine news article

25

to U.S. Navy personnel.

26

link to the article to the Assistant Chief of Staff,

27

falsely

Through HAAS' s personal email ac.count, Francis sought

On or about November 22, 2012, HAAS emailed a

stated that he had found

Seventh Fleet,

the pro-GDMA article

28
14

"online

last

 1

night," and advocated that the Assistant Chief of Staff make others in

2

the U.S. Navy aware of the article.

3

A25. On or about November 23, 2012, in a follow up email, HAAS

4

exerted pressure

on,

advocated before,

and

provided advice

5

Assistant Chief of Staff against breaking the U.S. Navy's husbanding

6

contract and replacing GDMA as the husbanding agent in the Philippines,

7

knowing and intending that such pressure,

8

form the basis for officials' decisions.

advocacy,

to

the

and advice would

9

A26. On or about November 30, 2012, Francis provided a car and

10

driver for HAAS and Misiewicz from Yokosuka, Japan, to the Ritz Carlton

11

Hotel in Tokyo, Japan, where Francis was staying.

12

with HAAS present, Misiewicz handed Francis an envelope of classified

13

long range Seventh Fleet ship schedules,

14

Seventh

15

"SECRET" and projected ship visits approximately 14 months in advance.

16

These classified schedules included information related to U.S.

17

ballistic

18

classified.

19

Fleet

organizational

missile

defense

charts.

operations

In Francis's room,

CTF-70 ship schedules,
The

in

schedules

the

Pacific

A27. After reviewing the ship schedules,

were

stamped

and

Francis,

and

Navy

remain

HAAS and

20

Misiewicz pored over the Seventh Fleet organizational chart, which HAAS

21

and Misiewicz

22

evaluate potential successors to the corrupt relationship with Francis

23

when Misiewicz departed the

24

December 2012.

25

Misiewicz to a strip club where food and prostitutes were provided at a

26

cost of approximately $7,000.

27
28

had brought

with them,

in an

Seventh Fleet,

effort

the

Following these discussions,

A28. On or about February 5,

2013,

to

identify and

following month,

Francis 'took HAAS

in
and

Francis emailed HAAS'S

personal email account to set up a meeting to elicit HAAS'S assistance

15

 1

combatting allegations that GDMA was overbilling the U.S. Navy for ship

2

husbanding services in Malaysia and to request updated ship "schedules

3

for the coming months."
A29. On or about February 7 to 8,

4

two-day party,

6

which Francis provided meals, entertainment, alcohol, and the services

7

of prostitutes, at a total cost of over $30,000.

9

Japan,

for HAAS,

Francis paid for a

5

8

in Tokyo,

2013,

and other officers,

during

A30. On or about February 16, 2013, Francis paid for a dinner
for HAAS and his wife at Nobu restaurant in Tokyo, Japan.

10

A31. On or about June 4, 2013, during a USS Blue Ridge port

11

visit to Port Klang,

12

hotel room and spa treatment at the Shangri-La Hotel,

13

transportation, and the services of prostitutes.

14

the Shangri-La Hotel were approximately $4,800.

15

Malaysia,

Francis provided HAAS with dinner,

A32. On or about June 8,

a

Kuala Lumpur,

Francis's charges at

2013, during a USS Blue Ridge port

16

visit to Changi Naval Base, Singapore, Francis entertained HAAS at the

17

Tiananmen

18

prostitute and hotel room at the Furama Hotel.

KTV nightclub

and

provided

HAAS

with

the

services

of

a

19

A33. On or about June 15, 2013, during a USS Blue Ridge port

20

visit to Jakarta, Indonesia, HAAS and another officer flew to Singapore,

21

where Francis entertained them at the Raffles Hotel and then at the

22

Tiananmen KTV nightclub where Francis provided them with the services

23

of prostitutes.

24

Francis's total cost was over $4,000.

A34. In or about June 2013,

HAAS used his official position

25

and influence in the U.S. Navy to perform official acts; exerted pressure

26

on other officials to perform official acts; and advocated before and

27

advised other officials, knowing and intending that such advocacy and

28

advice would form the basis for their official acts in a successful
16

 1

effort to engineer a port visit by the George Washington Carrier Strike

2

Group ("GWCSG") to Port Klang, Malaysia.

3

an email to his staff after the Port Klang port visit was finalized,

4

Francis wrote,

5

cqnfirmed

6

proposed by my brother Capt Dave Hass N3 : ) His farewell present to me."

7

A35. On or about July 13, 2013, during a USS Blue Ridge port

8

visit to Sydney, Australia, Francis provided hotel rooms for HAAS and

9

other U.S. Navy officers at the Shangri-La Hotel, along with an expensive

10

On or about June 24, 2013, in

"Yes work on it and screw them nicely,

in October

approved

personally by Admiral

[t] he GWCSG is
[]

PACFLT

and

dinner and the services of prostitutes.
j

11

A36. In an email dated September 10, 2013, after HAAS had left

12

the

Seventh

Fleet,

13

information

14

replacement for HAAS and Misiewicz.

15

All in violation of Title 18, United States Code, Section 371.

of

an

Francis

asked

individual

16

they

HAAS
had

for

the

identified

personal
as

a

contact
potential

Counts 2-7
Bribery

17

(18 U.S.C. § 20l(b) (2) (A) and (C))

18
19.

19
20

are incorporated by reference.

21
22
23

The allegations in Paragraphs 1 through 12 of this Indictment

20.

On or about the dates set forth in Column "A," on the high

seas and outside the jurisdiction of any particular district, defendant
DAVID

WILLIAMS

HAAS,

a

public

official,

directly

and

indirectly,

24
25
26

corruptly demanded, sought, received, accepted, the things of value set
forth in Column "B," in return for being influenced in the performance

27

of official acts and in return for being induced to do and omit to do

28

things in violation of his official duties, all as opportunities arose,

17

 including providing classified and other internal, proprietary U.S. Navy
1

2

information to Francis and GDMA,

and using his official position and

3

influence in the U.S. Navy to perform official acts; to exert pressure

4

on other officials to perform official acts; and to advocate before and

5

advise other officials,

6

advice would form the basis for their official acts;

7

GDMA's

interests,

knowing and intending that such advocacy and

as questions,

matters,

all to advance

and controversies regarding

8

GDMA's ship husbanding business were brought to HAAS'S attention, with
9

10
11

demand,

receipt,

and acceptance of each thing of value constituting a

separate Count:

12

COUNT

"A" - DATE

"B" - ITEMS OF VALUE

13

2

November 7,
2011

3

May 15, 2012

4

June 30, 2012

5

August 17-21,
2012

6

February 7-8,
2013

7

June 3-4, 2013

Expenses for HAAS and Misiewicz for a
night of partying at hostess and strip
clubs in Tokyo, totaling over $20,000
Expenses for HAAS, Misiewicz, and others
for partying, alcohol, and the services of
prostitutes in Jakarta, Indonesia,
totaling over $5,000
Expenses for HAAS, Misiewicz, and others
for meals, alcohol, and partying at
hostess and strip clubs in Tokyo, totaling
over $75,000
Expenses for HAAS and Misiewicz for meals,
alcohol, and the services of prostitutes
in Busan, South Korea, totaling over
$10,000
Expenses for HAAS and others for a two-day
party in Tokyo that included meals,
alcohol, and the services of prostitutes,
totaling over $30,000
Expenses for HAAS's stay at Shangri-La
Hotel in Kuala Lumpur, Malaysia, and
services of prostitutes, totaling
approximately $5,.000

14
15
16

17
18
19

20
21
22
23
24
25
26

27

All in violation of Title 18, United States Code, Section 201 (b) (2) (A)

28

and (C) .
18

 Count 8
Conspiracy To Commit Honest Services Fraud
(18 u.s.c. §§ 1349, 1346, 1343)

1

2

3

4

21.

The allegations in Paragraphs 1 through 12 of this Indictment

are hereby re-alleged and incorporated herein.

5

22.

From in or about October 2011 to at least September 2013, on

6

the high seas and out of the jurisdiction of any particular district,

7

defendant DAVID WILLIAMS HAAS, Leonard Francis, charged elsewhere, and

8

others did knowingly and intentionally conspire and agree to devise a

9

material scheme and artifice to defraud the citizens of the United States

10

and the U.S. Navy of their rights to HAAS'S honest, loyal, and faithful,

11

services,

12

kickbacks and

13

purpose of executing this

14

transmitted and caused to be transmitted writings, signs,

15

by means of wire communication in interstate and foreign commerce.

16

All in violation of Title 18, United States Code, Sections 1349, 1346

17

and 1343.

decisions,
the

actions,

and

concealment of

18

performance,
material

scheme,

through

information;

bribery

and

and for

the

defendants and their conspirators
and signals

FORFEITURE ALLEGATIONS

19

23.

20

incorporated

21

pursuant to Title 18,

22

Title 28, United States Code, Section 2461(c).

23

II

24

II

25

11

26

11

27

II

28

II

The
by

allegations
reference

set
for

forth
the

in

purpose

United States Code,

19

Counts
of

1

through

alleging

8

are

forfeiture

Section 981 (a) (1) (C),

and

 1

24.

Upon conviction of one or more of the offenses set forth in

2

Counts 1 through 8,

defendant DAVID WILLIAMS HAAS,

3

property,

personal,

4

proceeds traceable to Counts 1 through 8 pursuant to Title 18, United

5

States Code,

6

Section 2461 (c),

7

amount not less than the proceeds of the offenses in Counts 1 through 8.

real

and

which

Section 981 (a) (1) (C),

11
ADAM L. BRAVERMAN
United States Attorney
By:

~~~

MA~ W. PLETCHER

'
Assistant U.S. Attorney

15
16
17
18

By:

f~

derived

from

United States Code,

A TRUE BILL:

10

14

is

including but not limited to a money judgment in an

9

13

and Title 28,

or

DATED: August 16, 2018.

8

12

constitutes

shall forfeit all

('> / "

PATCK HC5VAKIMI1\N
Assistant U.S. Attorney

19
20
21

22
23
24
25
26
27
28
20