FBI Agent in Stevens Case Alleges Misconduct by Colleagues

Posted January 14, 2009 at 6:13pm

An FBI agent involved in the investigation of then-Sen. Ted Stevens (R-Alaska) alleges misconduct by fellow agents as well as federal prosecutors, according to a version of the complaint released Wednesday night by government attorneys.

Although U.S. District Judge Emmet Sullivan ordered a release of the complaint in late December, that document was heavily redacted. The document publicized Wednesday reveals the identities of numerous individuals alleged to have violated numerous policies.

FBI agent Chad Joy, who is based in Anchorage, Alaska, and filed the complaint, places blame for mishandling witnesses and evidence in the case primarily with fellow agent Mary Beth Kepner. His complaint criticizes Kepner’s relationship with sources and her disclosure of information to her husband, and asserts that she accepted gifts from sources.

Joy also raised concerns over the actions of federal prosecutor Nick Marsh, who played a key role in the October trial in the U.S. District Court for the District of Columbia. He alleged that Marsh schemed to relocate a prosecution witness to avoid a subpoena from Stevens’ defense team.

At the time, Sullivan reprimanded federal prosecutors for allowing the witness to return to Alaska.

In addition, Joy criticizes Justice Department attorneys for failing to properly itemize evidence in the case, asserting that boxes of documents were at times left outside offices and that items from witnesses were at times misplaced.

The complaint, which still contains a smattering of redacted names and details, was released Wednesday at the request of federal prosecutors. Prosecutors said in court Wednesday that all but one of the individuals identified in the documents had agreed to let their names be revealed.

Based on the original document, Stevens’ attorneys filed a motion in late December to dismiss the case or grant a new trial. The motion was the latest in a series of attempts by the Alaskan’s defense team to dismiss the case or acquit the former lawmaker.

Sullivan agreed Wednesday to allow Stevens’ attorneys to reissue their latest motion based on the unredacted complaint and set a Jan. 26 due date.

A federal jury found Stevens guilty in late October on seven counts of filing false financial statements to conceal the receipt of more than $250,000 in gifts. Stevens, who has denied wrongdoing, was narrowly defeated in his re-election bid in November.

Stevens has yet to be sentenced.