UNITED STATES DISTRICT COURT
FOR
THE DISTRICT OF COLUMBIA
FILED
Lli:t.:
0 1
2017
Clerk
us
. .
Bank
· · District and
ruptcy
Courts
UNITED STATES OF AMERICA
v.
MICHAEL
T.
FLYNN,
Defendant.
Criminal No.:
Violation:
18
U.S.C. §
1001
(False
Statements)
STATEMENT OF THE OFFENSE
Pursuant to Federal Rule
of
Criminal Procedure 11, the United States
of
America and the
defendant, MICHAEL
T.
FLYNN, stipulate and agree that the following facts are true and
accurate. These facts do not constitute all
of
the facts known to the parties concerning the
charged offense; they are being submitted to demonstrate that sufficient facts exist that the
defendant committed the offense to which he is pleading guilty.
1.
The defendant, MICHAEL
T.
FLYNN, who served as a surrogate and national
security advisor for the presidential campaign
of
Donald
J.
Trump ("Campaign"),
as
a senior
member
of
President-Elect Trump's Transition Team ("Presidential Transition Team"), and as
the National Security Advisor to President Trump, made materially false statements and
omissions during an interview with the Federal Bureau
of
Investigation ("FBI") on January 24,
2017, in Washington, D.C. At the time
of
the interview, the FBI had an open investigation into
the Government
of
Russia's ("Russia") efforts to interfere
in
the 2016 presidential election,
including the nature
of
any links between individuals associated with the Campaign and Russia,
and whether there was any coordination between the Campaign and Russia's efforts.
2.
FL YNN's false statements and omissions impeded and otherwise had a material
impact on the FBI's ongoing investigation into the existence
of
any links or coordination
Case 1:17-cr-00232-RC Document 4 Filed 12/01/17 Page 1 of 6
between individuals associated with the Campaign and Russia's efforts to interfere with the 2016
presidential election.
False Statements Regarding FLYNN's Request to the Russian Ambassador that Russia
Refrain
from
Escalating the Situation in Response to
U.S.
Sanctions against Russia
3.
On or about January 24, 2017, FLYNN agreed
to
be interviewed by agents from
the FBI ("January 24 voluntary interview"). During the interview, FLYNN falsely stated that he
did not ask Russia's Ambassador to the United States ("Russian Ambassador") to refrain from
escalating the situation
in
response to sanctions that the United States had imposed against
Russia. FLYNN also falsely stated that he did not remember a follow-up conversation in which
the Russian Ambassador stated that Russia had chosen to moderate its response to those
sanctions as a result
of
FL
YNN's
request. In truth and in fact, however, FLYNN then and there
knew that the following had occurred:
a.
On
or
about December 28, 2016, then-President Barack Obama signed
Executive Order 13757, which was to take effect the following day. The
executive order announced sanctions against Russia in response to that
government's actions intended to interfere with the 2016 presidential
election ("U.S. Sanctions").
b.
On or about December 28, 2016, the Russian Ambassador contacted
FLYNN.
c.
On or about December 29, 2016, FLYNN called a senior official
of
the
Presidential Transition Team ("PTT official"), who was with other senior
·members
of
the Presidential Transition Team at the Mar-a-Lago resort
in
Palm Beach, Florida, to discuss what, if anything, to communicate to the
Russian Ambassador about the U.S. Sanctions. On that call, FLYNN and
2
Case 1:17-cr-00232-RC Document 4 Filed 12/01/17 Page 2 of 6
the PTT official discussed the U.S. Sanctions, including the potential
impact
of
those sanctions on the incoming administration's foreign policy
goals. The
PIT
official and FLYNN also discussed that the members
of
the Presidential Transition Team at Mar-a-Lago did not want Russia to
escalate the situation.
d.
Immediately after his phone call with the PTT official, FLYNN called the
Russian Ambassador and requested that Russia not escalate the situation
and only respond to the U.S. Sanctions
in
a reciprocal manner.
e.
Shortly after his phone call with the Russian Ambassador, FLYNN spoke
with the PTT official to report on the substance
of
his call with the
Russian Ambassador, including their discussion
of
the U.S. Sanctions.
f.
On or about December 30, 2016, Russian President Vladimir Putin
released a statement indicating that Russia would not take retaliatory
measures in response
to
the U.S. Sanctions at that time.
g.
On
or
about December 31, 2016, the Russian Ambassador called FLYNN
and informed him that Russia had chosen not to retaliate in response to
FL YNN's request.
h.
After his phone call with the Russian Ambassador, FLYNN spoke with
senior members
of
the Presidential Transition Team about FL YNN's
conversations with the Russian Ambassador regarding the U.S. Sanctions
and Russia's decision not to escalate the situation.
3
Case 1:17-cr-00232-RC Document 4 Filed 12/01/17 Page 3 of 6
False Statements Regarding FLYNN's Request that Foreign Officials Vote Against
or
Delay a United Nations Security Council Resolution
4.
During the January 24 voluntary interview, FLYNN made additional false
statements about calls he made to Russia and several other countries regarding a resolution
submitted by Egypt to the United Nations Security Council on December 21, 2016. Specifically
FLYNN falsely stated that he only asked the countries' positions on the vote, and that he did not
request that any
of
the countries take any particular action on the resolution. FLYNN also
falsely stated that the Russian Ambassador never described to him Russia's response to
FL YNN's request regarding the resolution. In truth and
in
fact, however, FLYNN then and there
knew that the following had occurred:
a.
On
or
about December 21, 2016, Egypt submitted a resolution to the
United Nations Security Council on the issue
of
Israeli settJements
("resolution"). The United Nations Security Council was scheduled to
vote on the resolution the following day.
b.
On or about December 22, 2016, a very senior member
of
the Presidential
Transition Team directed FLYNN to contact officials from foreign
governments, including Russia, to learn where each government stood on
the resolution and to influence those governments to delay the vote or
defeat the resolution.
c.
On
or
about December 22, 2016, FLYNN contacted the Russian
Ambassador about the pending vote. FLYNN informed the Russian
Ambassador about the incoming administration's opposition to the
resolution, and requested that Russia vote against or delay the resolution.
4
Case 1:17-cr-00232-RC Document 4 Filed 12/01/17 Page 4 of 6
d.
On or about December 23, 2016, FLYNN again spoke with the Russian
Ambassador, who informed FLYNN that
if
it came to a vote Russia would
not vote against the resolution.
Other False Statements Regarding FLYNN's Contacts with Foreign Governments
5.
On March 7, 2017, FLYNN filed multiple documents with the Department
of
Justice pursuant to the Foreign Agents Registration Act ("FARA") pertaining to a project
performed
by
him and his company, the Flynn Intel Group, Inc. ("FIG"), for the principal benefit
of
the Republic
of
Turkey ("Turkey project"). In the FARA filings, FLYNN made materially
false statements and omissions, including by falsely stating that (a)
FIG
did not know whether
or
the extent to which the Republic
of
Turkey was involved in the Turkey project, (b) the Turkey
project was focused on improving U.S. business organizations' confidence regarding doing
business in Turkey, and (c) an op-ed by FLYNN published in
The Hill
on
November 8, 2016,
was written at his own initiative; and by omitting that officials from the Republic
of
Turkey
provided supervision and direction over the Turkey project.
By:
Senior Assistant Special Counsels
The Special Counsel's Office
5
Case 1:17-cr-00232-RC Document 4 Filed 12/01/17 Page 5 of 6
DEFENDANT'S ACCEPTANCE
The
preceding statement
is
a summary, made
for
the purpose
of
providing the Court with
a factual basis
for
my
guilty plea
to
the
charge against
me.
It
does
not include all
of
the
facts
known
to
me
regarding this offense. I
make
this statement knowingly
and
voluntarily
and
because I
am,
in
fact,
guilty
of
the
crime
charged. No threats have
been
made
to
me
nor
am
I
under
the
influence
of
anything that could impede
my
ability
to
understand this Statement
of
the
Offense fully.
I
have
read
every word
of
this Statement
of
the Offense, or have had it read
to
me.
Pursuant
to
Federal Rule
of
Criminal Procedure
11,
after consulting with
my
attorneys, I agree
and
stipulate
to
this Statement
of
the
Offense, and declare under penalty
of
perjury that
it
is
true
and correct.
Date:
1\/
Jr.
}
If
Defend
ATTORNEYS' ACKNOWLEDGMENT
I have read this Statement
of
the
Offense,
and
have reviewed it with
my
client fully. I
concur
in
my client's desire to adopt
and
stipulate
to
this Statement
of
the Offense
as
true
and
accurate.
Date:
_,1_/_~
0
_}
I_T
__
r:;:J,/J /
__
~-
Robert
K.
Kelner
Attorney
for
Defendant
,-
2_ I
~~
Stephen
P.
Antho
\;
-___)
Attorney for Defendant
6
Case 1:17-cr-00232-RC Document 4 Filed 12/01/17 Page 6 of 6
