RP Pols To Be Charged

Ex-Lacson aide and FBI cohort nabbed in US for espionage

Tetch Torres Veronica Uy
INQ7.net

FORMER police official Michael Ray Aquino and a Federal Bureau of Investigation analyst were arrested in the United States for espionage, National Bureau of Investigation chief Reynaldo Wycoco said.

At the same time, three government officials in the Philippines will be charged for conspiracy in stealing and passing on classified information about the country's political affairs.

Aquino was arrested, along with an FBI intelligence analyst Leandro Aragoncillo, for allegedly stealing "highly classified" material stored in computers at an FBI office in the US, Wycoco said Tuesday.

Aquino, who is believed to have fled to the United States several years ago after being indicted in Manila on homicide charges, apparently tried to buy the material from Aragoncillo, a Filipino-American FBI employee.

National Bureau of Investigation Interpol chief Ricardo Diaz said the documents were passed on electronically to Aquino, who is based in New York.

Aquino and Aragoncillo were arrested in New York City on Saturday in possession of documents pertaining to "highly classified assessments of the Philippine political situation" as well as assessments of "Philippine political leaders," said NBI Director Reynaldo Wycoco.

Aquino is one of opposition Senator Panfilo Lacson's co-accused in the alleged Kuratong-Baleleng rubout.

Wycoco said three government officials will also be charged for conspiracy, hinting that one of them is a former high-ranking executive, a top-level official, and a second level cabinet member.

He said these officials discreetly sent sensitive information to Aquino, who was arrested in his house in Queens, New York.

Aquino and Aragoncillo were charged with one count of conspiracy and one count of acting as unregistered foreign agents. Aragoncillo is facing a separate case for unauthorized use of a government computer.

Wycoco said Aquino could face up to 18 years in jail if convicted by US courts of espionage. The former police officer could also be charged for other crimes including money laundering, he added.

Lacson on Tuesday admitted to receiving information from Aquino, but said that the items he received were not "sensitive."

"…I don't recall having received any information sensitive [from] the US government," said Lacson, who admitted to keeping "in close touch" with Aquino since he migrated to the US.

Lacson said his former subordinate regularly kept his friends and former associates updated on news about Filipino-Americans' interests and matters concerning Philippines affairs.

"I am not sure which of the information that I and others received were considered classified because to my recollection, the bits of information I got from him were largely news that everyone has read and heard in our local media," he said.

Aquino was brought to court on Monday where his rights and charges were read, Consul General Cecilia Rebong of the Philippine consulate general in New York said in a report.

Felix Vinluan, Aquino's immigration lawyer, clarified that Monday's hearing was not an arraignment that required Aquino to enter a plea.

Aquino is currently detained at the Passaic County Correctional Facility.

Rebong said the judge provided Aquino with a criminal justice attorney to defend him in this case.

Formerly one of Lacson's most trusted aides, Aquino is also among the suspects in the killing of public relations man Salvador "Bubby" Dacer.

Rebong said the following charges were read to Aquino:

"1. Acting as an agent of a foreign official without notification of the Attorney General in violation of Title 18 of US Code, Section 951;

2. Knowingly communicating classified information by a government employee to an agent or representative of a foreign country (i.e. receiving classified information); and

3. Conspiracy to commit all the above offenses in violation of Title 18 of the US Code, Section 371."

The charge sheet said passing on classified information violates Title 50 of US Code, Section 783.

Carol Buch, one of the case prosecutors, said the nature of the case barred him from immediately informing the Philippine consulate on the arrest.

"[B]ecause of the covert and sensitive nature of the case, no consular notification has as yet been made," said Buch, adding that a notice will be sent to the consulate on Tuesday.

Justice Secretary Raul Gonzalez earlier asked the United States embassy to provide the Philippine government with more details on the arrest of Aquino.

In his letter to Jeff Cole, US justice department attaché Gonzalez sought information on the documents allegedly obtained by Aquino.

"I would like to be furnished soonest at least, with [a] brief of the documents downloaded by him so that the government can take the necessary action under the circumstances," Gonzalez said.

Gonzalez said, considering the current political situation in the country, "It could be detrimental to our government."

President Gloria Macapagal-Arroyo has been dogged by allegations of electoral fraud and recently survived an impeachment bid against her at the House of Representatives.

Rebong said Aquino will have his second hearing on September 21. US laws allow his detention for 10 days from the day of his arrest.

The consul general said the September 21 hearing will determine if Aquino should be turned over to immigration officials, or remained detained and face trial in the US.

With reports from Margaux Ortiz, Inquirer New Service and Agence France Presse