The ex-chief of counterintelligence for the FBI's New York field office has been given a little over four years in prison for his involvement with a sanctioned Russian oligarch after leaving his government position. Charles McGonigal, a former 22-year FBI veteran, admitted guilt in August to one charge of conspiracy to breach US sanctions and money laundering for his work with Oleg Deripaska, a wealthy Russian with strong connections to President Vladimir Putin.
Judge Jennifer Rearden sentenced McGonigal to 50 months in prison, just under the maximum of five years allowed by law. She ordered McGonigal to report to prison by February 26.
The judge stated that McGonigal had "repeatedly violated and manipulated the vital sanctions regimes" that are crucial to US national security interests. She emphasized the seriousness of his actions and the importance of upholding the law, leading to the decision for a significant prison sentence. However, she also acknowledged his distinguished career and the "profoundly important contributions" he had made to the US.
Prior to the sentencing, McGonigal expressed to the judge his profound regret and sadness for his actions. "I am acutely aware that I have committed a serious crime, and as a former FBI special agent, it brings me great mental, emotional, and physical anguish - not to mention the embarrassment I feel for myself and the FBI, an organization that I hold dear and respect," he said tearfully.
McGonigal humbly pleaded for a second opportunity before the judge. Prosecutors advocated for a five-year prison sentence, claiming that his association with Deripaska endangered US national security. They suggested that given the choice, a foreign government would prioritize having the former FBI counterintelligence chief "on their payroll" over military supplies.
"How much value would that hold for them? Our adversaries are armed and they are well aware of where to procure more. What they lack is the presence of the rule of law. We possess that. That is what McGonigal attempted to trade," stated Hagan Scotten, a prosecutor. "This crime was not driven by poverty, your honor. It was driven by greed. It was a betrayal."
Seth DuCharme, McGonigal's legal counsel, requested a non-custodial sentence, highlighting McGonigal's numerous years of public service. He mentioned that Deripaska had requested McGonigal to gather damaging information on a rival oligarch, which seemed "not particularly harmful," but still constituted a violation of the law.
DuCharme suggested that McGonigal's decision was influenced by the allure of risk and reward, describing it as a "poor choice."
DuCharme appealed to the judge to take into account a confidential seven-hour meeting McGonigal had with seven government agencies as proof of his willingness to collaborate, despite not being able to discuss it openly.
In September, McGonigal pled guilty to a separate case in Washington, DC, for hiding hundreds of thousands of dollars he received from a former Albanian intelligence employee and for concealing foreign contacts he made with the individual. His sentencing for that case is set for February.
DuCharme requested the judge to recommend that McGonigal serve his sentence in the New York area.