Durbin Presses DOJ & FBI for Information on Potential Impact of Former FBI Official Charles McGonigal’s Alleged Misconduct

WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, today sent a letter to Attorney General Merrick Garland and Federal Bureau of Investigation (FBI) Director Christopher Wray to seek more information about the impact Charles McGonigal’s alleged misconduct, which was recently revealed in unsealed indictments, may have had on highly sensitive counterintelligence and criminal investigations.

 

On January 23, 2023, the U.S. Attorney’s Offices for the Southern District of New York (USAO-SDNY) and for the District of Columbia (USAO-DDC) unsealed indictments against Mr. McGonigal, a former high-level counterintelligence official at the FBI.  The USAO-SDNY indictment alleges that Mr. McGonigal conspired to violate sanctions against Russia by agreeing to provide services to Oleg Deripaska, a sanctioned Russian oligarch.  The USAO-DDC indictment alleges that Mr. McGonigal concealed his receipt of $225,000 cash from a former Albanian intelligence agency employee.  Both indictments include alleged conduct that occurred while Mr. McGonigal served as the Special Agent in Charge (SAC) of FBI’s Counterintelligence Division in the New York Field Office from 2016 to 2018 and after his retirement.

“These allegations are extremely disturbing and raise concerns about the potential impact this misconduct may have had on the FBI’s counterintelligence matters and criminal investigations,” Durbin wrote.  “As a SAC for the New York Field Office, Mr. McGonigal oversaw many sensitive counterintelligence investigations, including investigations involving individuals he has now been accused of working to benefit.  Mr. Deripaska was central to Paul Manafort’s ties to Russia, and the FBI New York Field Office used the former Albanian intelligence agency employee as a confidential human source in a criminal investigation.  Moreover, then-FBI Director James Comey named Mr. McGonigal SAC just weeks prior to the FBI’s October 2016 announcement that it saw no clear link between then-presidential candidate Donald Trump and Russia.” 

Durbin continued, “The Committee remains in the dark on the true extent to which Mr. McGonigal’s alleged misconduct may have impacted these highly sensitive matters, including whether he compromised sensitive sources, methods, and analysis. Whether his alleged misconduct materially impacted the outcome of any investigations or further compromised our national security also remains unknown at this time.”

Durbin concluded his letter with an ask to schedule a briefing and for the FBI and Department of Justice to respond to a series of questions no later than February 15, 2023.

Full text of today’s letter is available here and below:

 

February 2, 2023

 

Dear Attorney General Garland and Director Wray:

 

I write to express our concerns with the unsealed indictment against Charles McGonigal and to seek more information about the impact his alleged misconduct may have had on highly sensitive counterintelligence and criminal investigations.

 

On January 23, 2023, the U.S. Attorney’s Offices for the Southern District of New York (USAO-SDNY) and for the District of Columbia (USAO-DDC) unsealed indictments against Mr. McGonigal, a former high-level counterintelligence official at the Federal Bureau of Investigation (FBI).  The USAO-SDNY indictment alleges that Mr. McGonigal conspired to violate sanctions against Russia by agreeing to provide services to Oleg Deripaska, a sanctioned Russian oligarch.  The USAO-DDC indictment alleges that he concealed his receipt of $225,000 cash from a former Albanian intelligence agency employee.  Both indictments include alleged conduct that occurred while Mr. McGonigal served as the Special Agent in Charge (SAC) of FBI’s Counterintelligence Division in the New York Field Office from 2016 to 2018 and after his retirement.

 

These allegations are extremely disturbing and raise concerns about the potential impact this misconduct may have had on the FBI’s counterintelligence matters and criminal investigations. As a SAC for the New York Field Office, Mr. McGonigal oversaw many sensitive counterintelligence investigations, including investigations involving individuals he has now been accused of working to benefit. Mr. Deripaska was central to Paul Manafort’s ties to Russia, and the FBI New York Field Office used the former Albanian intelligence agency employee as a confidential human source in a criminal investigation.  Moreover, then-FBI Director James Comey named Mr. McGonigal SAC just weeks prior to the FBI’s October 2016 announcement that it saw no clear link between then-presidential candidate Donald Trump and Russia.  The Committee remains in the dark on the true extent to which Mr. McGonigal’s alleged misconduct may have impacted these highly sensitive matters, including whether he compromised sensitive sources, methods, and analysis. Whether his alleged misconduct materially impacted the outcome of any investigations or further compromised our national security also remains unknown at this time.

 

It is important to ensure that the American people have the utmost confidence in the important work of the FBI. Accordingly, I ask that you contact my staff to schedule a briefing and respond to the following questions no later than February 15, 2023:

 

 

Thank you for your prompt attention to this important matter.

 

Sincerely,

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