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31 December 2008


http://www.usdoj.gov/opa/pr/2008/December/08-nsd-1154.html

Former Army Employee Pleads Guilty to Acting as Israeli Agent

December 30, 2008

MANHATTAN — Lev L. Dassin, the Acting United States Attorney for the Southern District of New York, announced that Ben-Ami Kadish pleaded guilty earlier today to a one-count information charging him with participating in a conspiracy to act as an unregistered agent of the Government of Israel. In summary, according to statements at Kadish’s guilty plea before U.S. Magistrate Judge Theodore H. Katz, the Information and other documents filed Manhattan federal court:

Kadish is a former employee of the U.S. Army’s Armament Research, Development, and Engineering Center at the Picatinny Arsenal in Dover, New Jersey ("the Arsenal"). On numerous occasions from about 1980 through 1985, Kadish provided classified documents relating to the U.S. military – including some relating to U.S. missile defense systems – to an agent of the Government of Israel, Yossi Yagur, who photographed the documents at Kadish’s residence. Kadish, 85, faces a maximum sentence of five years in prison and a maximum fine of $250,000. Kadish is scheduled to be sentenced in Manhattan federal court by U.S. District Judge William H. Pauley on February 13, 2009.

Mr. Dassin praised the investigative work of the New York and Newark Field Divisions of the Federal Bureau of Investigation and thanked the U.S. Army for their support in this case. This prosecution is being handled by Assistant United States Attorney Iris Lan from the U.S. Attorney’s Office for the Southern District of New York and Trial Attorney Kathleen Kedian from the Counterespionage Section of the Justice Department’s National Security Division.


ECF, PRIOR

U.S. District Court
United States District Court for the Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:08-cr-01336-WHP All Defendants


Case title: USA v. Kadish
Magistrate judge case number:  1:08-mj-00881-UA

Date Filed: 12/30/2008


Assigned to: Judge William H. Pauley, III

Defendant (1)
Ben-Ami Kadish represented by Paula A. Tuffin
Sills Cummis & Gross, P.C.(NYC)
One Rockfeller Plaza
New York , NY 10020
(212)643-7000 x5382
Fax: (212)643-6500
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
18:371:CONSPIRACY TO DISCLOSE DOCUMENTS RELATED TO THE NATIONAL DEFENSE OF THE UNITED STATES TO THE GOVERNMENT OF ISRAEL;, 18:794:GATHERING, DELIVERING DEFENSE INFORMATION;, 18:1001:CONSPIRACY TO MAKE MATERIALLY FALSE STATEMENT;, 18:1512:CONSPIRACY TO HINDER A COMMUNICATION TO A LAW ENFORCEMENT OFFICER.



Plaintiff
USA represented by Iris Lan
United States Attorney SDNY 1 Saint Andrew
One Saint Andrew's Plaza
New York , NY 10007
(212)-637-2263
Fax: (212)-637-2527
Email: iris.lan@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Date Filed # Docket Text
04/21/2008 1  COMPLAINT as to Ben-Ami Kadish (1) in violation of 18 U.S.C. 371, 794, 1001, 1512. (Signed by Judge Magistrate Judge Douglas F. Eaton) (gq) [1:08-mj-00881-UA] (Entered: 04/22/2008)
04/22/2008   Arrest of Ben-Ami Kadish. (gq) [1:08-mj-00881-UA] (Entered: 04/22/2008)
04/22/2008 Arrest Warrant Returned Executed on 4/22/2008 as to Ben-Ami Kadish. (gq) [1:08-mj-00881-UA] (Entered: 04/23/2008)
04/22/2008 NOTICE OF ATTORNEY APPEARANCE: Paula A. Tuffin appearing for Ben-Ami Kadish. (gq) [1:08-mj-00881-UA] (Entered: 04/23/2008)
04/22/2008   Minute Entry for proceedings held before Magistrate Judge Douglas F. Eaton:Initial Appearance as to Ben-Ami Kadish held on 4/22/2008. Deft appears with atty Paula Tuffin. AUSA Iris Lan present for the gov't. Pretrial report waived. Agreed bail package: $300,000 PRB. One FRP. Property with an equity of approximately $300,000. Travel restricted to SDNY, District of New Jersey. Surrender travel documents (& no new applications). Regular Pretrial supervision. Deft to be released upon following conditions: Upon deft's own signature. Remaining conditions to be met by 10 A.M. on 4/29/08.( Preliminary Examination set for 5/22/2008 at 10:00 AM before Judge Unassigned.) (gq) [1:08-mj-00881-UA] (Entered: 04/23/2008)
04/22/2008 ADVICE OF PENALTIES AND SANCTIONS as to Ben-Ami Kadish. (gq) [1:08-mj-00881-UA] (Entered: 04/23/2008)
04/22/2008 PRB APPEARANCE Bond Entered as to Ben-Ami Kadish in amount of $300,000. Co-signed by one financially responsible person. Secured by property with an equity of approximately $300,000. Travel restricted to SDNY, District of New Jersey. Surrender travel documents (& no new applications). Regular pretrial supervision. Deft to be released upon following conditions: Upon deft's own signature. Remaining conditions to be met by 10 A.M. on 4/29/08. (gq) [1:08-mj-00881-UA] (Entered: 04/23/2008)
04/28/2008 ENDORSED LETTER as to Ben-Ami Kadish addressed to Hon. Douglas F. Eaton from Paula Tuffin dated 4/28/08 re: requesting an extension of time to Friday, May 2, 2008, to complete the conditions of the defendant's release. I grant this request. Any other applications about bail conditions should be addressed to "Magistrate Judge on Criminal Duty" and sent to room 520 (fax 212-805-4060). SO ORDERED. (Signed by Magistrate Judge Douglas F. Eaton on 4/28/08)(aba) [1:08-mj-00881-UA] (Entered: 04/29/2008)
05/22/2008 AFFIRMATION of Iris Lan in Support by USA requesting a 30-day continuance from 5/22/08 to 6/23/08 as to Ben-Ami Kadish (aba) [1:08-mj-00881-UA] (Entered: 05/29/2008)
05/22/2008 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Ben-Ami Kadish. Time excluded from 5/22/08 until 6/23/08.. (Signed by Magistrate Judge Ronald L. Ellis on 5/22/08)(aba) [1:08-mj-00881-UA] (Entered: 05/29/2008)
06/20/2008 10  AFFIRMATION of Iris Lan in Support by USA requesting a 30-day continuance from 6/23/08 to 7/23/08 as to Ben-Ami Kadish (aba) [1:08-mj-00881-UA] (Entered: 06/23/2008)
06/23/2008   ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Ben-Ami Kadish re: 9 Order to Continue - Interest of Justice. Time excluded from 6/23/08 until 7/23/08. Follows oral order of 6/23/08. (Signed by Magistrate Judge Henry B. Pitman on 6/23/08)(aba)[1:08-mj-00881-UA] (Entered: 06/23/2008)
07/23/2008 11  AFFIRMATION of Iris Lan in Support by USA requesting a two week continuance from 7/23/08 to 8/6/08 as to Ben-Ami Kadish (aba) [1:08-mj-00881-UA] (Entered: 07/23/2008)
07/23/2008   ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Ben-Ami Kadish re: 9 Order to Continue - Interest of Justice. Time excluded from 7/23/08 until 8/22/08. Follows oral order of 7/23/08. (Signed by Magistrate Judge Frank Maas on 7/23/08)(aba) [1:08-mj-00881-UA] (Entered: 07/23/2008)
08/06/2008 12  AFFIRMATION of Iris Lan in Support by USA requesting a 45-day continuance from 8/6/08 to 9/22/08 as to Ben-Ami Kadish (aba) [1:08-mj-00881-UA] (Entered: 08/07/2008)
08/06/2008   ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Ben-Ami Kadish re: 9 Order to Continue - Interest of Justice. Time excluded from 8/6/08 until 9/22/08. Follows oral order of 8/6/08. (Signed by Magistrate Judge Ronald L. Ellis on 8/6/08)(aba) [1:08-mj-00881-UA] (Entered: 08/07/2008)
09/22/2008 13  AFFIRMATION of Iris Lan in Support by USA requesting a 30-day continuance from 9/22/08 to 10/22/08 as to Ben-Ami Kadish (aba) [1:08-mj-00881-UA] (Entered: 09/23/2008)
09/22/2008   ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Ben-Ami Kadish re: 9 Order to Continue - Interest of Justice. Time excluded from 9/22/08 until 10/22/08. Follows oral order of 9/22/08. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/22/08)(aba) [1:08-mj-00881-UA] (Entered: 09/23/2008)
10/22/2008 14  AFFIRMATION of Iris Lan in Support by USA requesting a 30-day continuance from 10/22/08 to 11/21/08 as to Ben-Ami Kadish (aba) [1:08-mj-00881-UA] (Entered: 10/23/2008)
10/22/2008   ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Ben-Ami Kadish re: 9 Order to Continue - Interest of Justice. Time excluded from 10/22/08 until 11/21/08. Follows oral order of 10/22/08. (Signed by Magistrate Judge Ronald L. Ellis on 10/22/08)(aba) [1:08-mj-00881-UA] (Entered: 10/23/2008)
11/20/2008 15  AFFIRMATION of Iris Lan in Support by USA requesting a 30-day continuance from 11/20/08 to 12/22/08 as to Ben-Ami Kadish (aba) [1:08-mj-00881-UA] (Entered: 11/20/2008)
11/20/2008   ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Ben-Ami Kadish re: 9 Order to Continue - Interest of Justice. Time excluded from 11/20/08 until 12/22/08. Follows oral order of 11/20/08.. (Signed by Magistrate Judge Andrew J. Peck on 11/20/08)(aba) [1:08-mj-00881-UA] (Entered: 11/20/2008)
12/17/2008 17  NOTICE OF INTENT TO FILE an Information by U.S.A. as to Ben-Ami Kadish. (jw) (Entered: 12/31/2008)
12/19/2008 16  AFFIRMATION of Iris Lan in Support by USA requesting a 8-day continuance from 12/19/08 to 12/30/08 as to Ben-Ami Kadish (aba) [1:08-mj-00881-UA] (Entered: 12/22/2008)
12/19/2008   ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Ben-Ami Kadish re: 9 Order to Continue - Interest of Justice. Time excluded from 12/19/08 until 12/30/08. Follows oral order of 12/19/08. (Signed by Magistrate Judge Theodore H. Katz on 12/19/08)(aba) [1:08-mj-00881-UA] (Entered: 12/22/2008)
12/30/2008   Case Designated ECF as to Ben-Ami Kadish. (jm) (Entered: 12/30/2008)
12/30/2008 18  INFORMATION (Felony) filed as to Ben-Ami Kadish (1) count(s) 1. [Microfilmed on 12/30/08 at 12:00pm] (jw) (Entered: 12/31/2008)
12/30/2008 19  WAIVER OF INDICTMENT by Ben-Ami Kadish. (jw) (Entered: 12/31/2008)
12/30/2008 20  Statement of Facts as to Ben-Ami Kadish. (jw) (Entered: 12/31/2008)
12/30/2008 21  CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Ben-Ami Kadish. (jw) (Entered: 12/31/2008)