Factsheet About ITAR Violations and Use of Child Soldiers by John Giduck and Archangel Group - FINAL
Factsheet About ITAR Violations and Use of Child Soldiers by John Giduck and Archangel Group - FINAL
Factsheet About ITAR Violations and Use of Child Soldiers by John Giduck and Archangel Group - FINAL
This document provides evidence to support a request to disbar John Giduck, John Anderson and their company, Archangel Group, from providing defense services to the US Department of Defense and all other U.S. Federal Agencies based on evidence of ITAR violations and beneficial material support to organizations using child soldiers to participate actively in hostilities. John Giduck has a wide-ranging background. He is a lawyer and member of the Colorado Bar, a consultant on school safety and counter-terrorism, and the author of a number of books. These books include: The Terror at Beslan (2005) The Green Beret In You (2007) Shooter Down! (2011) When Terror Returns (2012)
John Giduck also claims to have received up to 18 years of specialized Spetsnaz training in hand to hand combat, improvised explosives, surveillance/counter-surveillance, Close Quarters Battle (CQB) techniques, airliner hijacking, and other counter-terrorism related topics. John Giducks company, Archangel Group Ltd., Is a Colorado-based for-profit company that provides a broad scope of security and anti-terror training and services. Their services include anti-terror consulting, international security assessments, executive protection, K&R hostage negotiation and training. They previously had been organized as a non-profit company. They claim to have trained under US Government contracts with U.S. military units that include SFOD-D, 10th Special Forces Group, and various Reserve Component units. This document provides evidence that Mr. Giduck and Archangel Group violated ITAR statues in the Sudan and Russia. They may be continuing to do so at the present time. John Giduck, a cofounder of Archangel Group, has likely violated FARA regulations as well during his years of training with Russian Spetsnaz. The information contained in this document was drawn from open sources and Archangel Group public domain IRS Form 990 filings and tax returns. Given that Archangel Group no longer is organized as a non-profit entity, it is difficult to verify if such ITAR violations continue in the Sudan and Russia or other countries. Lastly, Archangel Group has engaged in seeking/providing beneficial defense services as well as providing material support to irregular forces known to employ child soldiers. Since the first instance of such support of child soldiers can be traced to 2003 and the statute of limitations for violations of US law concerning child soldiers is 10 years, Mr. Giduck and other Archangel Group members can still be prosecuted for their support and use of child soldiers.
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TAB A REFERENCES TO APPLICABLE FEDERAL LAWS CFR 22 120.9 Defense Services (a) Defense service means: (3) Military training of foreign units and forces, regular and irregular, including formal or informal instruction of foreign persons in the United States or abroad or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice. CFR 22 120.22 Technical Assistance Agreement An agreement (e.g., contract) for the performance of a defense service(s) or the disclosure of technical data, as opposed to an agreement granting a right or license to manufacture defense articles. Assembly of defense articles is included under this section, provided production rights or manufacturing know-how are not conveyed. Should such rights be transferred, 120.21 is applicable. (See part 124 of this subchapter). CFR 22 124.1 Manufacturing License Agreements and technical Assistance Agreements (a) An application for the approval of a manufacturing license or technical assistance agreement with a foreign person must be accompanied by an explanatory letter. The original letter and seven copies of the letter and eight copies of the proposed agreement shall be submitted to the Directorate of Defense Trade Controls. The requirements of this section apply whether or not technical data is to be disclosed or used in the performance of the defense services described in 120.9(a) of this subchapter (e.g., all the information relied upon by the U.S. person in performing the defense service is in the public domain or is otherwise exempt from the licensing requirements of this subchapter pursuant to 125.4 of this subchapter). This requirement also applies to the training of any foreign military forces, regular and irregular, in the use of defense articles. Technical assistance agreements must be submitted in such cases. CFR 22 124.12 Required Information in Letters of Transmittal (a) An application for the approval of a manufacturing license or technical assistance agreement with a foreign person must be accompanied by an explanatory letter. The original letter and seven copies of the letter and eight copies of the proposed agreement shall be submitted to the Directorate of Defense Trade Controls. CFR 22 126.1 Prohibited Exports And Sales To Certain Countries
(a) General. It is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services, destined for or originating in certain countries. This policy applies to Belarus, Cuba, Eritrea, Iran, North Korea, Syria, and Venezuela. This policy also applies to countries with respect to which the United States maintains an arms embargo (e.g., Burma, China, Liberia, and Sudan) or whenever an export would not otherwise be in furtherance of world peace and the security and foreign policy of the United States (c) Exports and Sales Prohibited by United Nations Security Council Embargoes. Whenever the United Nations Security Council mandates an arms embargo, all transactions that are prohibited by the embargo and that involve U.S. persons anywhere, or any person in the United States, and defense articles or services of a type enumerated on the United States Munitions List (22 CFR part 121), irrespective of origin, are prohibited under the ITAR for the duration of the embargo, unless the Department of State publishes a notice in the FEDERAL REGISTER specifying different measures. This would include, but is not limited to, transactions involving trade by U.S. persons who are located inside or outside of the United States in defense articles or services of U.S. or foreign origin that are located inside or outside of the United States. United Nations Arms Embargoes include, but are not necessarily limited to, the following countries: (1) Cote d'Ivoire (2) Democratic Republic of Congo (3) Iraq (4) Iran (5) Lebanon (6) Liberia (7) North Korea (8) Sierra Leone (9) Somalia (10) Sudan (d) Terrorism. Exports to countries which the Secretary of State has determined to have repeatedly provided support for acts of international terrorism are contrary to the foreign policy of the United States and are thus subject to the policy specified in paragraph (a) of this section and the requirements of section 40 of the Arms Export Control Act
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(22 U.S.C. 2780) and the Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 (22 U.S.C. 4801, note). The countries in this category are: Cuba, Iran, North Korea, Sudan and Syria (e) Proposed Sales. No sale or transfer and no proposal to sell or transfer any defense articles, defense services or technical data subject to this subchapter may be made to any country referred to in this section (including the embassies or consulates of such a country), or to any person acting on its behalf, whether in the United States or abroad, without first obtaining a license or written approval of the Directorate of Defense Trade Controls. However, in accordance with paragraph (a) of this section, it is the policy of the Department of State to deny licenses and approvals in such cases. Any person who knows or has reason to know of such a proposed or actual sale, or transfer, of such articles, services or data must immediately inform the Directorate of Defense Trade Controls. (f) Iraq. It is the policy of the United States to deny licenses, other approvals, exports and imports of defense articles, destined for or originating in Iraq except, if determined to be in the national interest of the United States and subject to the notification requirements of section 1504 of Public Law 108-11, exports may be authorized of nonlethal military equipment and, in the case of lethal military equipment, only that which is designated by the Secretary of State (or designee) for use by a reconstituted (or interim) Iraqi military or police force, and of small arms designated by the Secretary of State (or designee) for use for private security purposes. (g) Afghanistan. It is the policy of the United States to deny licenses, other approvals, exports and imports of defense articles and defense services, destined for or originating in Afghanistan except for the Government of Afghanistan (currently the Afghan Interim Authority) and the International Security Assistance Force, which will be reviewed on a case-by-case basis. In addition, lists of persons subject to a broad prohibition, including an arms embargo, due to their affiliation with the Taliban, Usama bin Laden, Al-Qaida or those associated with them will continue to be published from time to time. CFR 22 127.1 Violations (a) It is unlawful: (1) To export or attempt to export from the United States, or to reexport or retransfer or attempt to reexport or retransfer from one foreign destination to another foreign destination by a U.S. person of any defense article or technical data or by anyone of any U.S. origin defense article or technical data or to furnish any defense service for which a license or written approval is required by this subchapter without first obtaining the required license or written approval from the Directorate of Defense Trade Controls;
(3) To conspire to export, import, reexport or cause to be exported, imported or reexported, any defense article or to furnish any defense service for which a license or written approval is required by this subchapter without first obtaining the required license or written approval from the Directorate of Defense Trade Controls; (4) To violate any of the terms or conditions of licenses or approvals granted pursuant to this subchapter; (5) To engage in the United States in the business of either manufacturing or exporting defense article [sic]175 (6) To engage in the business of brokering activities for which registration, a license or written approval is required by this subchapter without first registering or obtaining the required license or written approval from the Directorate of Defense Trade Controls. For the purposes of this subchapter, engaging in the business of brokering activities requires only one occasion of engaging in an activity as reflected in 129.2(b). (d) No person may knowingly or willfully cause, or aid, abet, counsel, demand, induce, procure or permit the commission of any act prohibited by, or the omission of any act prohibited by, or the omission of any act required by 22 U.S.C. 2778, 22 U.S.C. 2779, or any regulation, license, approval, or order issued thereunder. CFR 22 127.3 Penalties for Violations Any person who willfully: (a) Violates any provision of section 38 or section 39 of the Arms Export Control Act (22 U.S.C. 2778 and 2779), or any undertaking specifically required by part 124 of this subchapter; or (b) In a registration, license application or report required by 38 or 39 of the Arms Export Control Act (22 U.S.C. 2778 and 2779) or by any rule or regulation issued under either section, makes any untrue statement of a material fact or omits a material fact required to be stated therein or necessary to make the statements therein not misleading, shall upon conviction be subject to a fine or imprisonment, or both, as prescribed by 22 U.S.C. 2778(c). CFR 22 130.5 Fee or Commission. (a) Fee or commission means, except as provided in paragraph (b) of this section, any loan, gift, donation or other payment of $1,000 or more made, or offered or agreed to be made directly or indirectly, whether in cash or in kind, and whether or not pursuant to a written contract, which is:
(1) To or at the direction of any person, irrespective of nationality, whether or not employed by or affiliated with an applicant, a supplier or a vendor; and (2) For the solicitation or promotion or otherwise to secure the conclusion of a sale of defense articles or defense services to or for the use of the armed forces of a foreign country or international organization. http://www.ndia.org/Resources/ExportImportComplianceResources/Documents/AnnotatedITA R%2810-10-10%29.pdf
United States Law 31 CFR 538, which covers regulations for Sudanese sanctions, may also apply in multiple respects. 31 CFR 538.206 Prohibited facilitation. Except as otherwise authorized, the facilitation by a United States person, including but not limited to brokering activities, of the exportation or reexportation of goods, technology, or services from Sudan to any destination, or to Sudan from any location, is prohibited.
31 CFR 538.210 Evasions; attempts; conspiracies. Any transaction by any United States person or within the United States that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in this part is prohibited. Any conspiracy formed for the purpose of engaging in a transaction prohibited by this part is prohibited. (a) The prohibition contained in 538.206 against facilitation by a United States person of the exportation or reexportation of goods, technology, or services between Sudan and any destination (including the United States) bars any unlicensed action by a U.S. person that assists or supports trading activity with Sudan by any person.
http://law.justia.com/cfr/title31/31-3.1.1.1.8.html#31:3.1.1.1.8.1
50 U.S.C. 851 : US Code - Section 851: Registration of certain persons; filing statement; regulations Except as provided in section 852 of this title, every person who has knowledge of, or has received instruction or assignment in, the espionage, counter-espionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, shall register with the Attorney General by filing with the Attorney General a registration statement in duplicate, under oath, prepared and filed in such manner and form, and containing such statements, information, or documents pertinent to the purposes and objectives of this subchapter as the Attorney General, having due regard for the national security and the public interest, by regulations prescribes.
TAB B EVIDENCE THAT MR. GIDUCK AND ARCHANGEL CONSULTANTS WERE IN THE SUDAN Mr. Giduck claims to have traveled to the Sudan on at least two occasions. Mr. Giduck posted photographs and commentary about these trips. Other observers have also commented on Archangels involvement in the Sudan. He has worked in more than twenty countries, including the Soviet Union, Russia, Ukraine, the Chechen War Theater, southern Sudan, southern Thailand, Kosovo, Afghanistan, Mumbai, India, and the Republic of Georgia during the Russian invasion and occupation of 2008. In 2003 the Archangel Group began to look at getting involved with the conflict in southern Sudan, specifically the program that had been developed by Usama bin Laden in conjunction with the Al-Bashir government during his years there.
http://johngiduck.com/john-giduck-and-archangel-group-in-sudan
http://johngiduck.com/john-giduck-and-archangel-group-in-sudan
Mr. Giduck has photos of himself on his website with SPLM rebels in what appears to be the Sudan.
http://johngiduck.com/john-giduck-and-archangel-group-in-sudan
The other members of the Archangel team are pictured below from the same website.
http://johngiduck.com/pages/gallery
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TAB C EVIDENCE OF SOLICITATION AND PROVISION OF DEFENSE SERVICES IN THE SUDAN BY JOHN GIDUCK AND OTHER ARCHANGEL CONSULTANTS There is clear evidence from external parties as well as from Mr. Giduck himself that members of Archangel Group knowingly and willingly provided defense services to SPLA/M rebels without proper authorization from the Department of State and in violation of both ITAR and US Sanctions against the Sudan. This tab provides evidence that will demonstrate the following: Archangel Group consultants solicited or provided services that met the definition of 120.9 (Defense Services) without the proper approved technical assistance agreement from the Department of State as required under 22 CFR 124.1. This includes information that might likely be in the public domain or available elsewhere as provided for under the same regulation. These activities were prohibited under United Nations embargoes under 22 CFR 126.1( c ). In conjunction with Christian Services International, Archangel Group consultants proposed sales of defense services to prohibited countries under 22 CFR 126.1( e ). Archangel consultants were engaged in prohibited facilitation of services under 31 CFR 538 538.206. John Giduck paid fees in excess of $1000 in the form of donations outlined under 22 CFR 130.5 from his non-profit community corrections facility (Tab D) in order to facilitate proposing or providing defense services to the SPLM.
Christian Solidarity International maintains the fraudulent activity of freeing slaves in exchange for money. Accusations have been raised since the mid-90s that the slave trade is fake. This fact would have been well known to Archangel Group consultants who, given their backgrounds, would have generated background information on the area prior to departure.
But although the slaves are fake, the money is very real. After the CSI plane takes off, the profits sometimes over $300,000 in one week - are divided up. A small cut goes to the slaves and the traders but the lions share goes to local commanders and SPLA figures. One commander in the front-line Bahr el Ghazal region, Paul Malong, is widely said to have earned enough from slave redemption to buy 40 wives.
http://www.scotsman.com/news/international/fake_slaves_con_aid_agencies_in_sudanese_liberation_scam_1_1360643
The SPLAs ties to child soldiers are discussed in Tab F of this document.
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Archangel Groups Defense Services In The Sudan In Violation of ITAR Below is evidence from a Newsweek reporter that Archangels $15,000 donation through Christian Solidarity International (Tab D) was actually a fee to facilitate an opportunity to solicit and provide defense services to rebel groups. Christian Solidarity International members were involved in the meeting involving defense services with Archangel Group and SPLA guerillas Malongs gueststwo representatives of the Swiss-based human-rights group Christian Solidarity International (CSI), along with five antiterror consultants from Archangel Corp., a Colorado-based security firmdont believe he should fight alone. The burly military advisers once served with the most elite units in the worldU.S. Special Forces, Russian Spetsnaz, British SAS. For two hours, over a meal of goat and flatbread, they share tactical information with Malong. John Giduck, the president of Archangel Corp., claims his security group worked with Malong for the betterment of his troops and the protection of his people.
http://www.thedailybeast.com/newsweek/2003/08/17/fighting-a-peace-plan.html
Christian Solidarity International as an NGO is tightly aligned with the rebels and is known to provide material support to rebel groups. Example: The UN grants consultative status to approved NGOs. This can occasion contention. In 1999, when the Commission considered the human rights situation in Sudan, the government condemned the murder by rebels of four men. An NGO called Christian Solidarity International nominated as its representative to address the Commission, Mr. John Garang, leader of the main rebel group.
http://books.google.com.co/books?id=BFqcGQsmgUEC&pg=PA62&lpg=PA62&dq=christian+solidarity+international+rebel+groups&s ource=bl&ots=U3TZW5r5bW&sig=CV8vuUCwu0aVaNHbvMvWsum84tc&hl=es419&sa=X&ei=T7JkT6jfIcOOsQKsjvW2Dw&ved=0CDsQ6AEwAw - v=onepage&q=christian h
In his book, Terror At Beslan, Mr. Giduck provides confirmation that defense services were provided to SPLA/M rebels.
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http://books.google.com/books?id=Kr7SIPQI_4YC&pg=PA30&lpg=PA30&dq=%22archangel+group%22+chechnya&source=bl&ots=BvZWDK9Bql &sig=8fMaky8DkiV_coz6dxAdY6AZiI&hl=en&sa=X&ei=bCe5T_fdGYKk8ATH1InYCg&redir_esc=y#v=onepage&q=%22archangel%20group%22%20chechnya&f=false
Mr. Giduck provided even more detail about the tactical information shared with SPLA/M rebels in violation of ITAR in an on-the-record interview with a journalist later that same year. JOHN GIDUCK: Second time Ive met [Malong]. I had dinner with him at his house when I came to Malual Kon in February as well. My impression of him, and I think Andy and the other guys would agree, is that hes a very reserved, serious, committed commander who its obvious hes not someone who comes from a military background. But heres a guy who uses every possible resource and gets friends and every bit of access he can to tactical information really for the betterment of his troops and the protection of his people. Hes very impressive in that respect. INTERVIEWER: Do you feel that he was absorbing the stuff that you were telling him?" JOHN GIDUCK: Absolutely. And I mean with somebody like him whos already had to witness battle from a relative position of training ignorance first, I think some of the tactics that were being discussed, some of the innovations that dont cost any money are things that he could recognize as things that he could implement right away for their value. --Interview with John Giduck, Archangel Corp. from a training mission in Pennsylvania, 7/10/2003 (journalist contact info can be provided on request) The Smoking Gun Below is a conversation captured in E. Benjamin Skinners book about slaves in the Sudan, A Crime So Monstrous: Face-to-Face with Modern-Day Slavery (http://www.amazon.com/CrimeMonstrous-Face-Face-Modern-Day/dp/0743290070). It demonstrates a direct violation providing defense services in the Sudan in violation of ITAR. The people involved in the conversation captured in the Sudan are as follows Giduck: Co-Founder of Archangel Group John Giduck Anderson: Co-Founder of Archangel Group and retired Special Forces SGM John A. Anderson Eibner: Christian Services International CEO Dr. John Eibner
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Page 84 - http://books.google.com/books?hl=en&id=47aorGBguMC&q=giduck#v=snippet&q=giduck&f=false
Summary From the information above, we are able to establish the following: Christian Solidarity likely facilitated the opportunity for a number of US Citizens from a Colorado-based company by the name of Archangel Group to provide defense services in return for the $15,000 donation demonstrated in Tab D. Five Archangel Group consultants directly provided military advice, training, and informal instruction of irregular military forces abroad. The five Archangel Group consultants correspond to the five Archangel Group associates pictured in Tab B. There is an excerpt of at least one conversation of Archangel Group consultants providing defense services in the Sudan captured by a reputable journalist. The training was conducted without an approved Technical Assistance Agreement. United States policy is to routinely deny Technical Assistance Agreements in such areas because of UN and US Federal sanctions against the Sudan.
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TAB D EVIDENCE THAT DEFENSE SERVICES IN THE SUDAN WERE FUNDED USING COLORADO TAXPAYER GRANTS THROUGH JOHN GIDUCKS COMMUNITY CORRECTIONS NON-PROFIT
Background on the Community Responsibility Center The Community Responsibility Center was a 150-bed non-profit Colorado community corrections facility (halfway house) founded in the early 1990s and located in Golden, Colorado. Though it is unclear from public-domain documents exactly when John Giducks involvement began with the facility, John Giduck was President of the non-profit corporation and was signing the companys required IRS Form 990s by 2002.
http://dynamodata.fdncenter.org/990_pdf_archive/840/840744378/840744378_200312_990.pdf
In Colorado, such facilities are funded primarily through public state and county revenues. The Colorado Division of Criminal Justice receives funding in the annual Long Bill for community corrections programs. The line items receiving funding are as follows: Transition programs Diversion programs Standard nonresidential services Specialized services Day reporting and monitored 3/4 house programs Substance abuse treatment programs
Supposedly the justification for revenues provided to the non-profit Community Responsibility Center was to provide rehabilitation for transitional inmates. Mr. Giduck acknowledges that revenues were for the benefit of such clients in his 2002 IRS Form 990 filing.
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http://dynamodata.fdncenter.org/990_pdf_archive/840/840744378/840744378_200312_990. pdf
The Money Trail From Colorado To Fees Paid For Defense Services In Sudan Now, we show that the trail of Colorado public funds went directly through Archangel to Sudanese rebels, or indirectly, through Christian Solidarity International (CSI). Below is a partial list of 2003 donations from the Community Responsibility Center to Archangel Group and Christian Solidarity International taken from the Community Responsibility Centers 2003 IRS Form 990.
These donations included the $20,000 seed money to form the Foreign Threat Assessment Center doing business as Archangel Group, as explained in Tab B. There is also a $15,000 donation to Christian Solidarity International (CSI).
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TAB E EVIDENCE THAT ARCHANGEL GROUP WILLFULLY EVADED AND AVOIDED COMPLIANCE WITH ITAR STATUTES, U.N. SANCTIONS, AND US SANCTIONS IN THE SUDAN This tab provides evidence that will demonstrate the following: Archangel consultants knowingly provided defense services under the guise of humanitarian support in the Sudan such as redeeming slaves. They used this justification, as they were aware of US laws prohibiting other activities.
Here is the justification used by Archangel and posted on their website. One of the few groups trying to help these women and villages was Christian Solidarity International. A team from Archangel Group made two trips into rebel controlled southern Sudan in early 2003 to assist in the redemption of slaves, and also to fund and host a peace conference between the two groups.
http://johngiduck.com/john-giduck-and-archangel-group-in-sudan
Note that none of the provisions of CFR 22 124.2 (Exemptions For Training and Military Service) seem to apply to Dr. Giduck or the Archangel Group consultants. Any defense items in the Sudan for which Archangel Group consultants provided advice or training could not have been lawfully exported per CFR 22 124.2 (a). Neither John Giduck nor other members of Archangel Group were serving as members of regular military forces per CFR 22 124.2 (b). Neither John Giduck nor other Archangel Group consultants were operating under NATO while providing defense services in any of these countries per CFR 22 124.2 (c).
Additionally, Archangel Group brought a set of military training consultants instead of consultants with humanitarian or medical backgrounds. The Archangel team consisted of veterans of the following special operations units: Former U.S. Special Forces Former Russian Spetsnaz Former British SAS
These consultants arrived in the Sudan prepared to meet with the SPLM leadership and discuss tactics. The slave redemption seems to be more of a photo opportunity than the genuine intent of the trip.
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TAB F EVIDENCE THAT ARCHANGEL GROUP KNOWINGLY USED CHILD SOLDIERS AS PART OF THE DEFENSE SERVICES PROVIDED TO SPLA REBEL GROUPS IN THE SUDAN References The Department of Defense recognizes that child soldiers are part of the larger problem of Trafficking in Persons (A) Text from: DOD TRAFFICKING IN PERSONS GENERAL AWARENESS TRAINING Labor Trafficking Child soldiering: unlawful recruitment of children under 18 by government or nongovernment armed forces Source: United Nations, International Labor Organization, U.S. State Department (B) 48 C.F.R. 52.222-50 Combating Trafficking in Persons. Title 48 - Federal Acquisition Regulations System (b) Policy. The United States Government has adopted a zero tolerance policy regarding Contractors and Contractor employees that engage in or support severe forms of trafficking in persons, procurement of commercial sex acts, or use of forced labor. (C) SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND TACTICS OF THE GOVERNMENT OF SUDAN. The Congress hereby (1) condemns (D) the Government of Sudan's use and organization of murahalliin or mujahadeen, Popular Defense Forces, and regular Sudanese Army units into organized and coordinated raiding and slaving parties in Bahr al Ghazal, the Nuba Mountains, and the Upper Nile and the Blue Nile regions (D) (7) The Government of Sudan utilizes and organizes militias, Popular Defense Forces, and other irregular units for raiding and enslaving parties in areas outside of the control of the Government of Sudan in an effort to disrupt severely the ability of the populations in those areas to sustain themselves. The tactic helps minimize the Government of Sudan's accountability internationally.
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Background The United States is a party to international treaties banning the use of child soldiers, including the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (ratified by the U.S. in 2002) and ILO Convention 182 on the Worst Forms of Child Labor (ratified in 1999). In 2003, the SPLA, to which Archangel Group provided defense services (Tab C), was put on a UN blacklist of forces that use child soldiers, when the then guerrilla army was battling the Khartoum government in Sudan's bloody 1983-2005 civil war. The SPLA is well known for forcibly recruiting child soldiers In recent years, southern militias such as the South Sudan Independence Movement and the South Sudanese government have generally refrained from forcibly recruiting child soldiers. However, the SPLA and the Government of Southern Sudan has put into practice forced civilian disarmament exercises whereby in one case, 250 children were separated from adults and intimidated and beaten for information about the location of arms in their community. http://www.childsoldierrelief.org/about-child-soldiers/map/sudan/background/ Less than a quarter of the 17,000 boys originally abducted by the SPLA as child soldiers have been accounted for. This systematic abuse of children, and the disappearance of thousands of other Sudanese children while in SPLA control has seemingly been ignored Mr. Giducks And Archangel Groups Links To The SPLA
Mr. Giduck can be traced to Bahr al-Ghazal province listed in Reference C of this tab. The night air turns cool in the tiny village of Malual Kon, in the parched Bahr al-Ghazal province of southern Sudan. Commander Paul Malong Awan, holding a grenade launcher, steps outside his fortified home to greet his dinner guests. Malong is a warlord who commands 6,000 troops. Malong's guests--two representatives of the Swiss-based human-rights group Christian Solidarity International (CSI), along with five "antiterror consultants" from Archangel Corp., a Colorado-based security firm--don't believe he should fight alone.
http://www.thedailybeast.com/newsweek/2003/08/17/fighting-a-peace-plan.html
It is impossible for Archangel Group consultants to have not known that they would be advising child soldiers. They each come from special operations forces units and legal backgrounds where background research into an area is a required skill. Archangel Group also teaches courses in how to prepare for deployment to dangerous foreign areas. Evidence of this training was at one time referred to as The Project and provided here: 19
Security enhancing services are designed to meet the needs of individual organizations and are unique to specific areas of operation. Some of these services include: regionspecific threat assessments presented to organizations prior to entry into hostile or dangerous areas; security assessments of operations facilities, to include perimeter security, evacuation plans, communications systems, etc.; and safety/security training for employees and volunteers. The training courses cover such topics as: Overview of the history of the geographic areas in which the organizations are operating, including incidents of kidnapping and terrorist incidents in that region; Current assessment of violence and abduction threat to aid workers and discussion of specific groups believed to be primarily responsible for such acts; Training in detection and evasion of surveillance; Assessment of personal vulnerability and risk; Security analysis of routes and methods of travel; Implementation of safety precautions and security measures when operating in a group or alone;
http://web.archive.org/web/20041023212451/http://www.antiterrorconsultants.org/humanitarian_pro ject.htm Additional information to the training of Archangel Group consultants with regards to background preparation of an area of operations can be found here: http://web.archive.org/web/20040208070831/http://www.antiterrorconsultants.org/security_manage ment.htm#Kidnap%20and%20Ransom%20Services%20and%20Training The Archangel Group would have found information such as the following with ease: Bahr El Ghazal, Central Sudan. SPLA 3rd Battalion march to the beat of drums. Within the group are women and child soldiers.
http://www.journeyman.tv/?lid=18076&tmpl=transcript
Clearly, the SPLA was interested in soliciting and receiving defense services from firms such as Archangel Group for training purposes. Boys older than 12 years were given full military courses. Boys as young as seven were trained only during school "breaks". The battalions created by these children came to be known among the rebels as the "Red Army." They were deployed alongside regular SPLA units, but with little success. "In the first few years, the Red Army fought and was always massacred," one former rebel officer said. "They were taken off the front line. They were not good soldiers because they were so young."
http://www.twf.org/News/Y2001/0121-SudanBoys.html
Only official scrutiny by authorized investigators can determine the extent to which child soldiers were used or trained as part of Archangel Groups two trips to the Sudan to solicit and provide defense services.
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TAB G EVIDENCE OF SOLICITATION AND PROVISION OF DEFENSE SERVICES IN RUSSIA BY JOHN GIDUCK AND OTHER ARCHANGEL CONSULTANTS This tab establishes evidence showing that John Giduck violated either ITAR violations for providing defense services, or FARA violations for receiving intelligence and demolitions training without properly registering with the US Attorney General under the terms of 50 U.S.C. 851. Only further investigation by proper authorities will be able to make that determination. From his early training by Russian spetsnaz instructors, Johns continued interest in Russian hand-to-hand combat systems saw him meeting and training with many others from various spetsnaz units. That, and growing friendships with these elite soldiers, ultimately resulted in him getting to learn to drive Russian tanks, APCs, do underwater combat with their naval commandos (what they call their Anti-SEAL teams), and do counter-terror hostage-rescue training.
http://understandterror.com/How%20We%20Train%20Our%20Cops%20to%20Fear%20Islam%20Rebuttal.html
Mr. Giducks ties also grew into ongoing relationships with senior Russian intelligence figures. Those details are discussed later in this tab. Mr. Giducks bio includes claimed expertise in a number of subjects that he learned while training with Spetsnaz in Russia. (Highlighted portions indicate potential violations of FARA statutes in addition to ITAR). Giduck has special training in many Homeland Security-related tactics, including hostage rescue, kidnapping negotiations, small unit tactics, surveillance, improvised explosives, interrogation and interrogation resistance, evasive driving, undercover protection techniques, and threat analysis. He regularly teaches in a wide variety of areas, including small unit tactics, CQB and hand-to-hand combat, improvised weapons, tactical underwater operations, emergency first responder tactics, cultural awareness and personal security for foreign operations, terrorism concerns in executive protection, first responder safety and tactics, kidnapping and ransom negotiations, special anti-terrorism survival training, mail and package delivery safety, surveillance/counter-surveillance, anti-terrorism and flight operations, global organized crime and terrorism, U.S. law and constitution in the war on terrorism, criminal law and procedure in anti-terrorist actions, U.S. immigration law in the war on terrorism, organized crime and global terrorism, and fundamentals of militant Islam and terrorism.
http://www.abchs.com/xsecure/chs/files/Section1.pdf
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Mr. Giduck also claims to have received a certificate in VITYAZ anti-terror training and operations. VITYAZ is a highly specialized counter-terrorism unit within Spetsnaz. He has traveled extensively throughout Russia and the former Soviet Union, training with Russias elite Special Forces units for more than 10 years. He is certified through the VITYAZ Special Forces Anti-Terror School to conduct anti-terror training and operations, and is a certified instructor in Russian special forces hand to hand combat. Additionally: As part of his work with Archangel, John Giduck is also a scuba, tactical diving and CQB instructor, and teaches terrorist-hostage negotiations, narco-terrorism, terrorism and global organized crime, and Russian organized crime courses.
http://specialguests.com/guests/viewnews.cgi?id=EkElVyVZEkXbyayTbV&style=Full%20Article
In his own words during a podcast interview from 2008, Mr. Giduck claimed the following: The vast majority of time I ever spent in a military uniform in my life, I spent in Russia in Russian uniforms with Russian Special Forces and I did ultimately end up spending about 18 years theregood periods of time every single year up to 6 month a year going to school there, living there, doing a lot of training with their units.
2008 Podcast interview (quote is at 3:02 of the following podcast: http://www.blogtalkradio.com/claydouglas/2008/05/12/the-freeamerican-hour )
Photographic evidence of Mr. Giduck and other Archangel Group consultants in Russian military uniforms and tactical training environments can be found later in this tab. Here are some examples of the application of that training in Russia. Training with Spetsnaz Mr. Giduck claims years of experience training with Russian Special Forces Spetsnaz units. Mr. Giduck has previously made claims of not only having been trained by Spetsnaz but also statements of having provided training to Spetsnaz personnel. Below is a photo of various Archangel Group consultants discussing training with Spetsnaz instructors at a tactical training site in Russia.
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The lower red arrow clearly shows Mr. Giduck. Note that they are all dressed in the complete foreign military uniform of Russian Special Forces. Other Archangel Consultants That Apparently Provided Defense Services Or Received Training From Russian Special Forces In Russia SGM John Andy Anderson After several years of Giduck training there, SGM Anderson was given permission to go on some of his trips.Anderson also confirms that all of the trainings he attended were conducted on a brand new compound of Vityaz on the Balashikha Army Base outside of Moscow. They did everything John has said. This included shooting with Alpha instructors, hostage-rescue and a lot of hand-to-hand combat. They had new multi-story, live fire shoot house. We lived on base and slept in the barracks.
http://understandterror.com/How%20We%20Train%20Our%20Cops%20to%20Fear%20Islam%20Rebuttal.html
John Andy Anderson is a co-founder of Archangel Group and was present when when Archangel Group consultants violated ITAR in Sudan and likely Russia. He has made multiple trips to Russia to train Spetsnaz. SGM Andersons connections to senior Russian intelligence officials are detailed later in this tab.
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Igor Livits Livits, who is now a U.S. citizen and another director of Archangel, went along on several training trips. He said, I had lost touch with everyone from spetsnaz since I left Russia and got to know some of the most elite soldiers and commanders over there through John. This training was not for everyone. I have since maintained relationships with them all and continue to return to Russia to train with the spetsnaz and FSB [KGB] every year for the skills necessary in my own security work.
http://understandterror.com/How%20We%20Train%20Our%20Cops%20to%20Fear%20Islam%20Rebuttal.html
Mike Rich Mike Rich worked for Archangel for years, and was one of the first people John started taking with him for training. He is an instructor in Russian hand-to-hand combat systems, and holds a black belt. Now a senior vice president with one of the largest security firms in the world.
http://understandterror.com/How%20We%20Train%20Our%20Cops%20to%20Fear%20Islam%20Rebuttal.html
Mike Rich is pictured above in Russian military uniform as well as in photos from the Sudan. Ron Lousberg Ron Lousberg is a former international full contact karate champion. He is also one of the instructors Archangel uses when training Green Berets and SWAT in hand-to-hand combat and close-quarters firearms. Ive gone on two trips with John to train with the spetsnaz. It was unbelievably hard, even harder than the training I did in Japan when competing there over the years, he said. The Russians are incredible at fighting. Their entire emphasis is on close quarters fighting. That is why their tactics are so applicable to U.S. law enforcement. I also got to do some other things, such as hostage-rescue and bodyguard work. I got to meet everyone from commandos to generals, all because they were people John knew from his years there.
http://understandterror.com/How%20We%20Train%20Our%20Cops%20to%20Fear%20Islam%20Rebuttal.html
Ron Lousberg is pictured above in Russian military uniform. Joseph Bail Joseph Bail is currently the police commissioner of Chester PA as well as an Archangel consultant. John Giduck claims to be working as a consultant for Joseph Bails police department. Joseph Bail has traveled to Russia with John Giduck. He has personally written that that he provided defense services to the Russian special forces unit known as Rus. This
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training involved U.S. SWAT capabilities and tactics and would also be in violation of ITAR. Other ITAR-related defense services or intelligence training that Joseph Bail has received is unknown. Russias Naval Commandos
Much of this training seems contained in the following Archangel Group training course: Tactical Diving Many police jurisdictions and military areas of operation have large bodies of water, or maritime avenues of ingress, with little to no tactical ability to conduct maritime operations. Those that have prepared for maritime operations have largely limited themselves to surface approaches, with no knowledge of, or capability for, counter-terror operations underwater. This UW ability is crucial to the prevention, detection of, and response to, both terrorist and organized crime/drug cartel operations. This course teaches the most tactically effective surface approach methods, targets, UW weapons, small unit tactics in the UW environment for both offensive and defensive operations, and close quarters 25
battle in this realm. This course is based on the training and operations of the Russian and Soviet SEAL and anti-SEAL units called Delfins and PDSS
http://web.archive.org/web/20040818090111/http://www.antiterrorconsultants.org/law_enforcement_programs.htm#Classroom%20Seminar s%20and%20Presentations
Aircraft Anti- Hijacking Training With Russian Spetsnaz John Giduck routinely talks about training with Russian Special Forces in airliner Anti-Hijacking. The following is from pg. 256 of his book, Terror At Beslan:
http://books.google.com/books?id=Kr7SIPQI_4YC&pg=PA206&lpg=PA206&dq=terror+at+beslan+training&source=bl&ots=BvZWEL5Bsk&sig=Y WCtWszb4UZbw92dW4oQ8pyOHAY&hl=en&sa=X&ei=j8W6T4HgDsjegQfK28z-Bg&redir_esc=y#v=onepage&q=I%20trained&f=false
Evidence of Russian Intelligence And Spetsnaz Training in Archangel Group Course Material Archangel has taught a number of courses incorporating elements of previous training from Russian sources Covert Defensive Tactics. Techniques derived from the KGB for use by the undercover officer in situations where he must control and neutralize a threat without revealing himself as an officer.
http://web.archive.org/web/20040401152004/http://www.antiterrorconsultants.org/law_enforcement_programs.htm#HandsOn%20Training%20Courses
Bodyguard and Protective Services. For officers assigned to protective details, this course incorporates bodyguard skills including close protection and the principles of protective surveillance and counter surveillance.
http://web.archive.org/web/20040401152004/http://www.antiterrorconsultants.org/law_enforcement_programs.htm#HandsOn%20Training%20Courses
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Improvised Weapons. Focuses on turning common household or office items into deadly weapons in the event of an unforeseeable attack or assault, or to provide a tactical advantage in hostage or terrorist situations where conventional weapons are unavailable.
http://web.archive.org/web/20040818090111/http://www.antiterrorconsultants.org/law_enforcement_programs.htm#Classroom %20Seminars%20and%20Presentations
Handcuff Counters and Innovations in Handcuff Techniques. Vulnerabilities of conventional handcuff equipment and techniques are demonstrated, as based on the skills of the Russian special forces units trained to operate as illegals in western countries, confronting law enforcement while unarmed.
http://web.archive.org/web/20040818090111/http://www.antiterrorconsultants.org/law_enforcement_programs.htm#Classroom %20Seminars%20and%20Presentations
Archangel Group teaches one particularly interesting training course within the context of John Giducks foreign training and his US law enforcement contacts. Counters to Traditional Law Enforcement Defensive Tactics Based on the training of Russian Spetsnaz units tasked to infiltrate foreign countries. These units study the standard law enforcement defensive tactics and shooting skills of all target countries. Each has studied extensively those systems commonly taught and utilized by U.S. law enforcement. This course provides important information on the vulnerabilities of those tactics used by most American police and military for their own survival.
http://archangelgroup.org/content_main/training_tactical.php
Interestingly, Joseph Bail, currently the Police Commissioner of Chester PA and also an Archangel Group consultant admits to having provided defense services related training and tactical information about U.S. SWAT and law enforcement capability to the Rus unit of Russian Special Forces Spetnaz. The most meaningful thing for me during our days with Rus, however, was when they asked me to make presentations on U.S. law enforcement SWAT capabilities and training.
http://understandterror.com/How%20We%20Train%20Our%20Cops%20to%20Fear%20Islam%20Rebuttal.html
The Trouble With John Giducks High Level Russian Intelligence Connections Mr. Giduck regularly engages local law enforcement formally and informally as part of his seminars and training through Archangel Group. These engagements include: Formal training onsite with military units and law enforcement.
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Discussions of tactics, techniques, and procedures with military, law enforcement and other Homeland Security organizations. Inferences that John Giduck holds a high-level security clearance, thereby providing a level of comfort to those engaging in such discussions. Access to the personal identifying information and biographical details of those that attend his training and seminars.
John Giduck boasts about his ongoing personal relationships with high-level Russian FSB (formerly KGB) officials. Particularly troubling is that others describe Mr. Giducks initial meetings with Russian intelligence officials in a manner that is consistent with the recruitment of foreigners. Here is how Mr. Giducks friend, Police Commissioner Joe Bail of the Chester, PA Police, describes those early meetings: John Giduck] explained that years before he had known the former director of the KGB for the St. Petersburg region while working on his masters degree at the university there. You see, the wife of that man KGB Lt. Gen. and Director Anatoli Kurkov was one of the professors in charge of the foreign students. Through her, John met Gen. Kurkov. This is something that John typically does not talk about in public or during trainings, unless specifically asked.
The photo above depicts John Giduck at a friends house in the US with KGB Director Kurkov. John Guduck maintains ongoing friendships with a number of such foreign intelligence officials. Russian President Vladimir Putin reportedly worked for General Kurkov, at one point. John Giduck was a practicing lawyer in the 1980s. Then, he says, during the late Gorbachev era, the American Bar Foundation dispatched him to Leningrad (now St. Petersburg), where he met the head of the KGB for Leningrad. (Putins boss, he says.) They became fast friends, and Giduck began traveling frequently to Russia. He claims to have trained with multiple Russian special forces units, and to be certified by the Vityaz Special Forces Anti-Terror School.
http://www.washingtonmonthly.com/features/2011/1103.stalcup-craze.html
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As far as is publicly known, John Giduck has never held a US Government security clearance. However, he has been given access to groups of people and to facilities that are surely of great interest to Russian intelligence. 1) Through his seminars and when conducting training, John Giduck regularly acquires biographical details about participants as well as information about their agencies. 2) Mr. Giducks wife (or live-in girlfriend) appears to be a highly-placed US Government contractor holding a security clearance. One has to wonder if she properly reported that high level foreign intelligence officials routinely visit her home. At a party John had at his home after one of Archangels international conferences were two Afghan generals, including the minister of counter-terrorism in the Karzai administration; spetsnaz colonels; Mossad and Israeli state department officials; CIA; U.S. Special Forces; and many others. This included Vityaz commander, Col. Lisyuk who had traveled from Russia at Johns request. There all those people were, together in Johns kitchen and dining room, drinking and sharing stories of their lives and careers. Even the Afghanis were drinking single malt scotch. Where else would anyone find that?
http://understandterror.com/How%20We%20Train%20Our%20Cops%20to%20Fear%20Islam%20Rebuttal.html
3) John Giduck has surrounded himself with people that have (or had) high-level security clearances, access to sensitive facilities (including claimed visits to the Delta Force facility in Ft Bragg in 2008), and US sources of weapons/ammunition. These include retired U.S. Special Forces SGM John Andy Anderson who held a US DOD clearance (required for Special Forces) but also later served as a security team lead for guarding fissionable materials with the US Department of Energy. It is likely that he would have needed a DOE Q level clearance for such work. Anderson says that the first time he was at Johns house in Colorado after he retired from Special Forces he was face-to-face with a retired KGB colonel who was visiting from Russia. But Kurkov even visited John in Colorado. When he and his wife were being hosted by Giduck, John Anderson held a dinner party for them at his house. In all my years in Special Forces I never imagined I would have a KGB head in my own house.
http://understandterror.com/How%20We%20Train%20Our%20Cops%20to%20Fear%20Islam%20Rebuttal.html
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Note that these officials were again hosted at John Giducks home as well as SGM Andersons home. It is clear that hosting such officials was not a one time event. SGM Anderson also holds a Federal Firearms License (FFL) and is the owner of Andys Custom Guns in Golden CO. This link in conjunction with his ties to Russian intelligence, Spetsnaz officials, and Archangel Group defense service training trips to the Sudan is troubling. 4) As of January 2012, John Giduck claims to be working as a consultant for an International Intelligence section of the Chester, PA Police Department even though Mr. Giduck has no verifiable US intelligence experience or expertise. One has to wonder how Mr. Giduck will gain access to classified information in that position without a current clearance, and in light of his well-documented friendships with foreign intelligence officials. 5) Mr. Giduck maintains ongoing personal friendships with former Spetsnaz combat veterans and employs them as consultants within his company, Archangel Group. These include allegedly decorated Spetsnaz veteran, Yuri Ferdigalov. Yuri Ferdigalov was a GRU spetsnaz commando, severely wounded in the NagornoKarabakh war. Now a contract consultant and instructor with Archangel he traveled to Beslan with John as the Beslan siege was happening, then spent three months there with him over three trips interviewing the spetsnaz who fought the battle out, FSB officials, other government agents and townspeople. Yuri confirms that they spent a great deal of time with officers and commanders from Alpha, SOBR and Rus in addition to FSB [KGB] agents involved in the governments operation.
http://understandterror.com/How%20We%20Train%20Our%20Cops%20to%20Fear%20Islam%20Rebuttal.html
6) For years, Archangel Group maintained a list of counterterrorism/antiterrorism personnel known as the Special Anti-Terror Operators Network which included biographical information of the principals. This information would be provided anyone who asked under the terms of the network agreement - this could have easily included Russian intelligence . (http://web.archive.org/web/20050404124011/http://antiterrorconsultants.org/critical _incident.htm#Special%20Anti-Terror%20Operators%20Network)
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TAB H MR. GIDUCKS TIES TO A GROUP THAT THE WASHINGTON TIMES REPORTS MAY HAVE BOMBED A U.S. EMBASSY
What Is The Russian GRU? To understand this tab, its important to understand what the GRU is. Lets use John Giducks own words. John Giduck explains the GRU on page 89 of his book, Terror At Beslan as follows: The GRU, or Glavnoye Rasvedivatelnoe Upravleniye, is a military version of the KGB Wikipedia goes on to add: Unlike other special forces units, Spetsnaz GRU is known for blending in with regular army units by wearing standard paratrooper uniforms to help disguise their movements and prevent identification even from within the ranks of the Russian military.
http://en.wikipedia.org/wiki/Spetsnaz_GRU
Now, before linking John Giduck and the GRU, lets look at the evidence about the US Embassy bombing and the GRU The Russian GRU and a US Embassy Bombing In a classified report reported in the Washington Times late last year, US intelligence believes that Russias military intelligence was responsible for a bomb blast that occurred at the U.S. Embassy in Tbilisi, Georgia. The Times reported last week that Shota Utiashvili, director of information and analysis for the Georgian Interior Ministry, said the embassy blast and others in his country were the work of a Russian military intelligence officer named Maj. Yevgeny Borisov. It is written without hedges, and it confirms the Georgian account, said one U.S. official familiar with the U.S. intelligence report. This official added that it specifically says the Russian military intelligence, or GRU, coordinated the bombings.
http://www.washingtontimes.com/news/2011/jul/26/us-report-russia-tied-to-embassy-blast/?page=all
John Giducks Ties To The Russian GRU Why is this all important? John Giduck trains law enforcement officers, homeland security officials, and military units. John Giduck also has deep and extensive ties to the Russian GRU. John Giduck has claimed in podcast interviews to have 18 years of training with Russian Spetsnaz units (many of which were in Russian uniform). Part of that time includes John Giduck having trained with members past and present of the GRU. He maintains friendships with GRU members and has visited their facilities.
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Here is what John Giduck claims on Page 204 of his book, Terror At Beslan:
John Giducks Archangel Group even claims to have a former GRU member on staff. Terror at Beslan School: A Russian Tragedy with Lessons for America Presented by: John Giduck, MA, JD, former Army Ranger, and president of the Archangel Anti-Terror Group, is a recognized international terrorism expert and author of Terror at Beslan: A Russian Tragedy with Lessons for America & Yuri Ferdigalov, a decorated war veteran of the elite Soviet GRU Spetsnaz.
http://www.google.com/url?sa=t&rct=j&q=%22Giduck%22+%22GRU%22+training&source=web&cd=9&ved=0CF0QFjAI&url=http%3A%2F%2Fw ww.hcpaohio.org%2Ftraining%2F20060523%2520Registration%2520Terror%2520at%2520Beslan%2520School.doc&ei=jkm3T52WHYa29QSiwa2xCg&usg=AFQjCNEnt9cRcjvTzCGFfyb4 uOW7QQT92Q&cad=rja
Here is a photo from John Giducks own website and claims of a GRU member on staff at Archangel Group.
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Another Archangel Group co-founder, retired Special Forces SGM John Andy Anderson, apparently also has developed such relationships through John Giduck. Anderson readily admits that through John he has also become friends with everyone from Alpha commandos to commanders from other spetsnaz units.
https://docs.google.com/viewer?url=http://archangelgroup.org/content_main/Washington-Monthly-Rebuttal3-2011.pdf&embedded=true
John Giduck goes so far as to describe members of the GRU as colleagues on page 195 of his book, Terror At Beslan.
It is interesting that John Giduck would describe a group that US intelligence believes to have been involved in a US Embassy bombing as colleagues. While no one is claiming that John Giducks friends were involved, evidence shows that the group to which they belonged apparently was involved . Its like being friends with a former member of Al Queda even if they werent involved in certain AQ direct activities.
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