OIC Press Release and Indictment of Joseph F. Fernandez

— Oorio0te4 Cte Declassified and Approved For Release 2012/09/24 : PRP RSM Oeeea peat Et pm oken, OCH” 7624 Sai OFFICE OF INDEPENDENT COUNSEL °*! Mf ae 555 THIRTEENTH STREET, N.W. 7q-BB WASHINGTON, D.c. 20004 OCA cO ra B8 FOR IMMEDIATE RELEASE CONTACT: JAMES WIEGHART JUNE 20, 1988 (202) 383-8953 Lawrence E. Walsh, Independent Counsel, announced today that the Grand Jury investigating the Iran/Contra matter issued a five-count Indictment charging Joseph F. Fernandez, former chief CIA officer in Costa Rica, with conspiracy to defraud the United States, obstructing the inquiry of the President's Special Review Board (the Tower Commission), and making false statements to government agencies. Walsh said the investigation was directed by Associate Counsel Michael Bromwich, Laurence Shtasel and William Hassler. The conspiracy count charges that Fernandez, 51, together with “others known and unknown to the Grand Jury" conspired to "defraud the United States by impeding, impairing, defeating and obstructing the lawful governmental functions" by "deceitfully and without legal authorization organizing, directing and concealing a Program to continue logistical and other support for military and paramilitary operations in Nicaragua by the Contras, at a time when the Prohibitions of the Boland Amendment and other’ legal and administrative restrictions on the execution of covert actions were in effect ... ." Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 a : Declassified and Approved For Release 2012/09/24 : CIA-RDP9OMO00005R001300110016-4 The Indictment alleges that Fernandez and his co- conspirators operated a clandestine supply network to support military and paramilitary activities by the Contras in southern Nicaragua (the "Southern Front"), AS part of this effort, according to the Indictment, _ Fernandez helped to locate a site for an airstrip in northern Costa Rica to be used for sugpiyiag the Contras with weapons and ammunition. The Indictment charges that Fernandez and the other conspirators used a Panamanian corporation, Udall Research Corp., to acquire the land and build the airstrip. The Indictment further charges that while the airstrip was being constructed, Fernandez encouraged Contra forces to enter Nicaragua by promising that he would provide them with military supplies. Between January and early April 1986, the Indictment alleges, Fernandez and his co-conspirators attempted to deliver military supplies to the Contras along the Southern Front. On April 11-12, 1986, Fernandez and his co-conspirators caused the successful aerial delivery of lethal military supplies to Contra forces. Between the middle of April and September 1986, Fernandez and others continued to direct the delivery of lethal military supplies to the Contras in southern Nicaragua. During this period, Fernandez and others directed approximately eight Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 — Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R0013001 10016-4 3 deliveries of weapons and ammunition to the Southern Front, the Indictment charges. In late September 1986, "to conceal and cover up the conspirators’ illegal activities, . . . Fernandez made a false and misleading statement to an employee of the CIA's Central American Task Force when. . - questioned about the CIA's role in. the construction and operation of the airstrip in northern Costa Rica." Fernandez is also alleged to have covered up the conspiracy by submitting incomplete and unresponsive cables to officers of the CIA's Central American Task Force in November and December 1986, after an aircraft that was attempting to drop supplies to the Contras in Nicaragua was shot down in October 1986. In January 1987, the Indictment charges, Peenandes made false and misleading statements to the CIA's Office of Inspector General and to the Tower Commission in order to "conceal and cover up the conspirators! illegal activities." Count Two of the Indictment charges that Fernandez obstructed the inquiry of the Tower Commission "by making false, fictitious, fraudulent and nasleading statements and representations to investigators of the Tower’ Commission, all for the purpose of concealing and causing to ke conceaied material facts." Count Three charges that on January 21, 1987, Fernandez Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 “unlawfully, willfully ana knowingly did make and cause to be made a material false, fictitious and fraudulent statement" to the Tower Commission by stating that he "did not know for a fact that Oliver L. North had been involved in assisting the resupply of the Contras" when he "well knew and believed . . . Oliver L. North had been involved in assisting the resupply of the. Contras." Count eoee charges ene on January 21, 1987, Fernandez made a false statement to the Tower Commission when he stated that he did not know that supplies he assisted in delivering to the Contras in September 1986, contained weapons sna ammunition. When Fernandez made that statement, the Indictment alleges, he "Knew and believed" the supplies he had helped deliver "contained weapons and ammunition." Count Five charges that on January 11, 1987, Fernandez made a material false statement to the CIA's Office of Inspector General in describing a project to build an airstrip in northern Costa Rica as an initiative of the Costa Rican govevinene to be used for training activities by Costa Rican forces. In fact, the Indictment charges, Fernandez knew "the project . . . was not an initiative of the costa Rican government, but rather was an initiative of the defendant Fernandez and his co-conspirators designed to facilitate the resupply of the Contras." Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 <a en ae ee 4 7 Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 The maximum penalty under the law for each of the five counts is five years imprisonment and a fine of $250,000 4 Tt Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 i” Declassified and Approved For Release 2012/09/24 : CIA-RDP9OM00005R001300110016-4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Holding a Criminal Term Grand Jury Sworn in on January 28, 1987 UNITED STATES OF AMERICA Criminal No. Vv. Grand Jury Original JOSEPH F. FERNANDEZ, Defendant. Violations: 18 U.S.C. § 371; 18 U.S.C. § 1001; 18 U.S.C. § 1505. ee 86 06 60 06 #8 ee fe (Conspiracy; False Statements; Obstruction > of Proceedings) a ee es, INDICTMENT COUNT ONE (Conspiracy) The Grand Jury charges: INTRODUCTION 5 At all times relevant to this Indictment, the Central Intelligence Agency ("CIA") was the principal United States Government agency responsible for the collection of foreign intelligence and the conduct of covert and foreign intelligence operations. Declassified and Approved For Release 2012/09/24 : CIA-RDP9O0MO00005R001300110016-4 8 a 5 | ’ Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R0013001 10016-4 22 At all times relevant to this Indictment, the National Security Council ("NSC") was a government entity whose function was to advise the President on the integration of domestic, foreign and military policies relating to the national security, to facilitate cooperation among the military services and other departments and agencies of the government in matters involving the national security, and to review, guide and direct foreign intelligence activities and covert actions. 3. At all times relevant to this Indictment, intelligence activities undertaken by the United States were subject to the restrictions and limitations contained in Executive Order 12333, promulgated by the President on December 4, 1981, which, in part, prohibited any United States Government agency, except the CIA, from conducting covert actions without a determination by the President that the agency other than the CIA was more likely to achieve a particular objective. on January 18, 1985, the President signed National Security Decision Directive 159, which required that the President specifically approve by a written finding all covert actions undertaken by any United States Government agency or entity. 4. At all times relevant to this Indictment, the Contras, also known as the Nicaraguan democratic resistance, were military insurgents engaged in military and paramilitary operations in Nicaragua. In many instances, these operations -2- | Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 ——— : Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R0013001 10016-4 occurred near the borders of Costa Rica and Honduras, Nicaragua's neighboring countries to the south and north respectively. 5S. From in or about December 1981 to on or about October 1i, 1984, the United States Government, acting principally through the CIA, pursuant to written presidential findings, provided the Contras with financial support, arms and military equipment, as well as supervision, instruction, tactical and other advice, coordination, intelligence and direction. 6. On October 12, 1984, Public Law 98-473 was enacted and expressly prohibited funds available to the CIA, as well as certain other agencies and entities of the United States, from being obligated or expended in support of military or paramilitary operations in Nicaragua, stating in relevant part: During fiscal year 1985, no funds available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated or expended for the purpose or which would have the effect of supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, group, organization, movement, or individual. a This provision of law was ‘commonly known as the Boland Amendment. On October 19, 1984, staff members of the CIA's Central American Task Force informed CIA personnel stationed in Central America by cable that the Boland Amendment "clearly end{ed} U.S. support for the war in Nicaragua" and prohibited "any expenditure, including those from accounts for salaries and all support costs" for the purpose of such support. -3- 4 Declassified and Approved For Release 2012/09/24 : CIA-RDP90MO00005R001300110016-4 — ———————— | 10016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R0013001 7. On August 12, 1985, Congress modified the Boland Amendment by approving $27 million for humanitarian assistance to the Contras and permitting the United States Government to exchange information with the Contras. 8. On December 4, 1985, Congress passed modified aan restrictions on Contra aid for fiscal year 1986. This legislation authorized the provision of $3 million for communication equipment and communication training for the Contras. In addition, it allowed United States Government employees to provide "advice" to the Contras on the "effective delivery and distribution of materiel." Congress, however, retained the prohibition upon the CIA and other agencies or entities involved in intelligence activities fron engaging in activities "that amount(ed] to participation in the planning or execution of military or paramilitary operations in Nicaragua by the Nicaraguan democratic resistance, or to participation in logistics activities integral to such Operations. In November 1985, in anticipation of this legislation, staff members of the CIA's Central American Task Force informed CIA personnel stationed in Central America by cable of this restriction. This prohibition remained in force until October 18, 1986, when Congress authorized the CIA to provide military aid to the Contras. ~-4- | 7 10016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R0013001 | a Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R0013001 10016-4 D NDAN 9. At all times relevant to this Indictment, the defendant JOSEPH F. FERNANDEZ was an employee of the CIA, serving as the Sento: CIA officer in Costa Rica. As the senior CIA officer, the defendant FERNANDEZ had immediate control over and responsibility: for all cIA operations in Costa Rica. The defendant FERNANDEZ reported to and received supervision from the Chief of the CIA's Central American Task Force, who was stationed at CIA headquarters in Langley, Virginia. THE CONSPIRACY AND ITS OBJECTS 10. From the late spring or early summer of 1985 up to and including at least January 1987, in the District of Columbia and elsewhere, the defendant JOSEPH F., FERNANDEZ, together with others known and unknown to the Grand Jury, unlawfully, willfully ana knowingly dia combine, conspire, confederate and agree together and with each other: (a) to defraud the Unitead States by impeding, impairing, defeating and obstructing the lawful governmental functions of the United States, including compliance with legal and administrative restrictions governing the conduct of military activities and covert actions and congressional control of appropriations and exercise of oversight for such activities, by deceitfully and without legal authorization organizing, directing and concealing a program to continue logistical and other support for military and paramilitary operations in ~5- Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 ee ol Declassified and Approved For Release 2012/09/24 : CIA-RDP9OMO00005R001300110016-4 Nicaragua by the Contras, at a time when the prohibitions of the Boland Amendment and other legal and administrative restrictions on the execution of covert actions were in effect; (b) to commit offenses against the Unitea States, including: (1) Violations of Title 18, United States Code, Section 1505, Obstructing an Inquiry Being Conducted By The President's Special Review Board (the "Tower Commission"), as alleged in Count Two of this Indictment; (2) Violations of Title 18, United States Code, Section 1001, Making False and Misleading Statements to Government Agencies, to wit, the Tower Commission and the CIA's Office of Inspector General, as alleged in Counts Three through Five of this Indictment. THE BACKGROUND OF THE CONSPIRACY 11. In order to continue activities in Support of the Contras and to conceal those activities following the enactment of the Boland Amendment in October 1984, members of the conspiracy enlisted and utilized private individuals to provide lethal military weapons and supplies to the Contras. ~ 12. In the middle of 1985, members of the conspiracy established a clandestine supply network to Support military and paramilitary operations in Nicaragua by the Contras. To promote these operations, members of the conspiracy purchased aircraft, recruited and employed pilots, crews and other ~6= Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 Se ee | ; 0110016-4 Declassified and Approved For Release 2012/09/24 : Se RD RAR uelsaace individuals, ana arranged for the use of a military airfield and warehouse in a Central American country. They concealed their role in creating and maintaining this operation by, among other things, instructing the individuals they had recruited not to reveal the participation of specific members of the conspiracy in these activities and not to disclose the use of intervening corporate entities. The network of individuals working under the direction of certain members of the conspiracy came to be known as the “private benefactors." THE MEANS OF THE CONSPIRACY 13. In the middle Of 1985 and thereafter, in order further to goatee the Contras in Nicaragua, the defendant JOSEPH F. FERNANDEZ worked in coordination with his co- conspirators in establishing a clandestine Supply network to Support military and paramilitary. operations in Nicaragua by _ the Contras and, among other things, undertook to enable the Contras. to engage in military operations in southern Nicaragua (the "Southern Front"). 14. In August 1985, the defendant JOSEPH F. FERNANDEZ met on several occasions in Costa Rica with an associate of a co- conspirator and discussed various strategies to accomplish the formation of a Southern Front, including the resumption of combat by Contra forces in southern Nicaragua and the construction of an airstrip in northern Costa Rica. 5 0110016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP9O0MO00005R00130 1016 00110016-4 7 Declassified and Approved For Release 2012/09/24 : CIA-RDP90MO00005R0013 . 1 ~~ 15. In August 1985, the defendant JOSEPH F., FERNANDEZ undertook to locate a eite for and begin construction of a clandestine airstrip in northern Costa Rica that could be useg to assist the resupply of lethal military supplies to the Contras. — 16. In the late Summer or early fall of 1985, members of the conspiracy, in coordination with the defendant JoSEpH F. FERNANDEZ and others, and to conceal their Participation in these activities, enlisted an individual ana utilized udal1 Research Corp., a Panamanian corporation, to acquire lang in northwest Costa Rica for construction of an airstrip to be used for the delivery of lethal military supplies to the Southern Front. Throughout the fall of 1985, the defendant JOSEPH F, FERNANDEZ met regularly with this individual in order to coordinate the construction of the airstrip. 17. In the fall of 1985 and the winter of 1985-86, while 18. Beginning in January 1986, in order to ensure the secrecy of the communications between the defendant JOSEPH F, FERNANDEZ and others within’ the private benefactor network, a -8- J , 00110016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP9OMO00005R0013 | 016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110 member of the conspiracy obtained a number of secure communication devices from a United States Government agency. In January or February 1986, one of these secure communication devices was delivered to the defendant FERNANDEZ. 19. Between January and early April 1986, the defendant JOSEPH F. FERNANDEZ and his co-conspirators, in coordination with private benefactors, made attempts to deliver military supplies to the Contra forces then located along the Southern Front. In connection with these attempts, the defendant FERNANDEZ identified the location of Contra forces that were prepared to receive an air drop of supplies, and notified those forces of the date and time of delivery. 20. On or about April 11-12, 1986, the defendant JOSEPH F. FERNANDEZ, along with his co-conspirators, caused the successful aerial delivery of lethal military supplies to Contra forces. Following this successful air drop, the defendant FERNANDEZ sent a secure message to a co-conspirator in which the defendant FERNANDEZ described his plans for expansion of the Southern Front military forces. 21. Between the middle Of April and September 1986, the defendant JOSEPH F., FERNANDEZ, along with his co-conspirators, continued to direct the delivery of lethal military supplies to the Contras in southern Nicaragua. on approximately eight occasions during this period, Contra forces received deliveries of weapons and ammunition based upon the defendant FERNANDEZ 's 016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110 Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 | | designation of the locations where and the troops to whom the lethal military Supplies were to be dropped. 22. In June 1986, in order to conceal the secret resupply operation being aipectea by the defendant JOSEPH F. FERNANDEZ and his co-conspirators, a co-conspirator sent a secure communication to the defendant FERNANDEZ advising him of steps being taken to shield the defendant FERNANDEZ and his co- conspirator from being held responsible for directing the resupply operation in the event that the operation became exposed. 23. In late September 1986, to conceal and cover up the conspirators' illegal activities, the defendant JOSEPH F. FERNANDEZ made a false and misleading statement to an employee of the CIA's Central American Task Force when the defendant FERNANDEZ was questioned about the CIA's role in the ehetnieeica and operation of the airstrip in northern Costa Rica. "24. In November and December 1986, following the epestine down in October 1986 of an aircraft that was attempting to drop supplies to the Contras in Nicaragua, the defendant JOSEPH F. FERNANDEZ was directed by an attorney assigned to the CIA's Central American Task Force to document any involvement the defendant FERNANDEZ had with the private benefactor network and the lethal resupply of the Contras. The defendant FERNANDEZ, to conceal and cover up the conspirators’ illegal activities, -~10- Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 a ; 1300110016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP9OMO0005R00 submitted incomplete ana unresponsive cables to officers Of the CIA's Central American Task Force. 25. In January 1987, to conceal and cover up the conspirators! illegal activities, the defendant JosEpy F. FERNANDEZ made false and misleading statements to a member of the CIA's Office of Inspector General concerning, among other things, the nature of the defendant FERNANDEZ 's involvement in the construction of the airstrip in northern Costa Rica, the extent of the defendant FERNANDE2's contacts with members of the conspiracy, and the extent of the defendant FERNANDEZ's involvement in assisting the lethal resupply of the Contras. 26. In January 1987, to conceal and cover up the conspirators’ illegal activities, the defendant JOSEPH F, Commission concerning, among other things, the role of a member of the conspiracy in assisting the lethal resupply of the Contras as well as the defendant FERNANDEZ 's own role in Supporting the Contras. OVERT ACTS 27. The following overt acts, among others, were knowingly committed and caused to be committed, in the District of Columbia and elsewhere, by the defendant JOSEPH F, FERNANDEZ and his co-conspirators in furtherance of the conspiracy and to effect the objects thereor: -il- | | : 1300110016-4 ae Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R00130011( = } 05R001300110016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP90M000 eclas (1) On June 28, 1985, in Miami, Florida, Oliver La North and Richard V. Secord met with, among others, Adolfo Calero, a Contra leader, anda Enrique Bermudez, the Contras' military commander, (2) In August 1985, in Costa Rica, the defendant JOSEPH F., FERNANDEZ met with, among others, Robert W. Owen, an (3) In August 1985, in Costa Rica, the defendant JOSEPH F. FERNANDEZ directed cra officers to Survey and select. a site for the construction of an airstrip to support the lethal resupply of the Contras. (4) In September 1985, in Vienna, Virginia, Oliver L. North and Richard v. Secord met with William Haskell, a/k/a "Robert Olmsted." (5) In October 1985, Oliver L. North and Richard v. Secord caused William Haskell, a/k/a "Robert Olmsted," to meet with ‘the defendant JOSEPH F, FERNANDEZ in San Jose, Costa Rica. (6) In or about late 1985, in Costa Rica, the defendant JOSEPH F. FERNANDEZ directed a CIA officer to meet with and train members of the Contras. (7) In January 1986, in Costa Rica, ue defendant JOSEPH F. FERNANDEZ met with astAGL Quintere, an aesoeiaee- se Oliver L. North and Richard v. Secord. (8) Beginning in January 1986, in the District of Columbia, Oliver L. North obtained certain secure communication : 05RO001300110016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDPSOMO00 eclas eee a “aes ; 0016-4 i Declassified and Approved For Release 2012/09/24 : CIA-RDP90MO00005R00130011 devices belonging to an intelligence agency of the United States Government. (9) In or about January or February 1986, in Costa Rica, the defendant JOSEPH F. FERNANDEZ travelled with Rafael Quintero and others to inspect the site of the airstrip being built in northern Costa Rica. (10) In or about January or February 1986, in Costa Rica, the defendant JOSEPH F. FERNANDEZ received ae Rafael Quintero a secure communication device that had been obtained by Oliver L. North. (11) In the spring of 1986, in Costa Rica, the defendant JOSEPH F. FERNANDEZ directed a CIA officer to meet with and train members of the Contras. (12) In March 1986, in the District of Columbia, the defendant JOSEPH F. FERNANDEZ met with Richard vy. Secord, Rafael Quintero and others to discuss the airstrip in northern Costa Rica. (13) On or about April 11-12, 1986 , in Costa Rica,. the defendant JOSEPH F. FERNANDEZ assisted Oliver L. North, Richard V. Secord and others in the delivery of weapons and 'Supplies to the Contras' Southern Front. (14) Between the Spring and fall of 1986, in Costa Rica and elsewhere, the defendant JOSEPH F. FERNANDEZ sent to and received from Oliver L. North and Rafael Quintero by a secure communication device numerous messages concerning the lethal me oMRRLY of the Contras. -13- 0016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP9O0M00005R00130011 Oo ————— a 4 Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R0013001 10016 (15) Between June and September 1986, in Costa Rica and elsewhere, the defendant JOSEPH F. FERNANDEZ, together with members of the conspiracy, directed the delivery of approximately eight ctiphedes of weapons and Supplies to the Contras' Southern Front. (16) In late September 1986, in Langley, Virginia, the defendant JOSEPH F. FERNANDEZ made a false and misleading statement to a staff member of the CIA's Central American Task Force regarding the airstrip in northern Costa Rica. (17) In or about November and December 1986, in Costa Rica and elsewhere, the defendant JOSEPH F. FERNANDEZ sent — cables to officers of the CIA's Central American Task Force. (18) In January 1987, in Langley, Virginia, the defendant JOSEPH F. FERNANDEZ made false and misleading statements to a member of the CIA's Office of Inspector General. (19) In January 1987, in Langley, Virginia, the defendant JOSEPH F. FERNANDEZ made false and misleading statements to investigators conducting a fact-finding inquiry on behalf of the Tower Commission. (Violation of Title 18, United States Code, Section 371.) -14~- -4 Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP9O0MO0005R001300110016-4 COUNT TWO (Obstruction of the Tower Commission) The Grand Jury further charges: Ais Paragraphs 1 through 27 of Count One of this Indictment are repeated, realleged and incorporated by reference herein as if fully set forth in this count. 2 On or about January 21, 1987, in the Eastern District of Virginia, the defendant JOSEPH F. FERNANDEZ unlawfully, willfully and knowingly did corruptly influence, obstruct and impede and endeavor to influence, obstruct and impede the due and proper administration of the law under which a pending proceeding was being had before a department and agency of the United States, to wit, the Tower Commission's conduct of a fact-finding inquiry on behalf of the President, by making false, fictitious, fraudulent and misleading statements and representations to investigators of the Tower Commission, all for the purpose of concealing and causing to be concealed material facts. (Violation of Title 18, United States Code, Section 1505.) :) -15- Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 | Se ee ll | -4 Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R0013001 10016 COUNT THREE (False Statement to the Tower Commission) The Grand Jury further charges: 1. Paragraphs 1 through 27 of Count one of this indicenene are repeated, realleged and incorporated by reference herein as if fully set forth in this count. 2. On or about January 21, 1987, in the Eastern District of Virginia, the defendant JOSEPH F. FERNANDEZ unlawfully, willfully and knowingly did make and cause to be made a material false, fictitious and fraudulent statement to a department and agency of the United States, to wit, the Tower Commission, ina Matter within its jurisdiction, to wit, the examination of the role of the NSC staff in national security operations, as follows: that the defendant FERNANDEZ did not know for a fact that Oliver L. North haa been involved in assisting the resupply of the Contras. 3. That statement and representation was false, eeleieue and fraudulent because in truth and in fact, as the defendant JOSEPH F. FERNANDEZ then and. ‘there well knew and believed, among other things, Oliver L. North had been involved in assisting the resupply of the Contras. (Violation of Title 18, United States Code, Section 1001.) -16- : ; 01300110016-4 Disclassitied and Approved For Release 2012/09/24 : CIA-RDP90MO0005RO COUNT FOUR (False Statement to the Tower Commission) The Grand Jury further charges: 1. Paragraphs 1 through 27 of Count One of this Indictment are repeated, realleged ana incorporated by reference herein as if fully set forth in this Count. 2. On or about January 21, 1987, in the Eastern District of Virginia, the defendant JOSEPH F. FERNANDEZ unlawfully, willfully ana knowingly did make and cause to be made a mater tad false, fictitious and fraudulent statement to a ‘department and agency of the United States, to wit, the toves Commission, in a matter within its jurisdiction, to wit, the. examination of the role of the NSC staff in national security operations, as follows: that the defendant FERNANDEZ did not 3. That Statement and representation was false fictitious and fraudulent because in truth and in fact, as the believed, among other things, the Supplies that the defendant FERNANDEZ helped deliver to the Contras in September 1986 contained weapons and ammunition. (Violation of Title 78. United States Code, Section 1001.) -17- s : 01300110016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP9OMO0005RO 00° ae 01300110016-4 ra Declassified and Approved For Release 2012/09/24 : CIA-RDP9O0MOO0005RO COUNT FIVE (False Statement to the CIA's Office of Inspector General) The Grand Jury further charges: 1. Paragraphs 1 through 27 of Count One of this Indictment are repeated, realleged and incorporated by reference herein as if fully set forth in this Count. 2. On or about January il, 1987, in the Eastern District of Virginia, the defendant JOSEPH F.. FERNANDEZ unlawfully, willfully anda knowingly did make and cause to be made a material false, fictitious and fraudulent statement to a department and agency of the United States, to wit, the CIA's Office of Inspector General, in a matter within its jurisdiction, to wit, the investigation or unlawful and unauthorized CIA Support for military and paramilitary operations in Nicaragua by the Contras, as follows: that a 3. That statement and representation was false, fictitious and fraudulent because in truth and in fact, as the defendant JOSEPH F. FERNANDEZ then and there well knew ana believed, among other things, the Project to build an airstrip ~18- 110016-4 Declassified and Approved For Release 2012/09/24 : CIA-RDP90M00005R001300110016-4 —