Australian Government

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1 Investigation - In Confidence FO) 280/11/12 Incident Report -IR-DSA01-SIC Reference No: Carriage: Security Classification: Title: Case Officer: Referred To: Privacy Classification: IR-DSA01-SIC DSA01 RESTRICTED Person purports to be from American Embassy checking on passports Cross,David Created: 26/03/2011 Owner: DSA01 Investigating Unit: Security Investigations Unit Status: Open Task Status: & Reason: Primary Type: Security Status: Open Category: Incident of Personnel Security Priority: Sub-Category: Inappropriate Behaviour - Other Internal Action: File Ref. No: Reported: 26/03/2011 Title: Person purports to be from American Embassy checking on passports home with his wife Gwenyth {an A person who himself as at the US Embassy in Canberra knocked on door and asked if he could come in and check on Gwenyth's passport due to the belief it may have been compromised. On Friday aftemoon Bill rang back and advised that he was in fact an FBI agent and had wanted to talk to Gwenyth about another matter the FBI are dealing with in Washington. The member's concem is that a someone from the FBI was posing as a consular official with a dubious cover story, and questioned them in their home without any jurisdiction and without a member of the AFP present. Group Affected Offence & Time Area CO/MGR: Start: 24/03/2011 End: Group Affected: Australian Defence Forces Sub Group: ARMY IR Start Investigation End Page 1 of 12

2 FOl280/11/12 _~~~I~~ ': Incident Report - IR-OSA01-SIC Primary Complainant OTHER Unit: Department: Alcohol Involved:.1 Drugs Involved: 1 Contributing Factors Region: DCS Region: Def. Site Affect: ACT Initial Source Anonymous? No Media: Business Grading # Grading Letter: Comment I to the SIC and phone call to the Duty Officer Claude Queer Case Officer Primary Role Name Start End Access Yes Primary Investigator Cross,David 01/03/2011 Update No Manager Norris ADSIC,Wendy 01/03/ /07/2011 Update No Investigator Queer,Claude 01/03/2011 Update Restrict Access to Above Officers Restrict Access to Unit Security -IRiINV : No Ministerial? No Sensitive Rep. Req? No Security Rating: Minor Incident Security Class: RESTRICTED Security Class Other: Privacy Class: Caveat: Release Contact: Release Review : Release Comment: I nformation Lost/Stolen/Breached Info Security Class: Not Applicable Info Security Class Other: Investigation -In - Confidence Page 2 of 12

3 Investigation ~ In - Confidence FOI280/11/12 Incident Report -IR-DSA01-SIC Info Privacy Class: Info Privacy Class Other: Caveat of Information Lost: Person Details Role: Complainant Role Other: Informant Code: Gender: Male last Name: _ First Name: Employee ID: _ Birth : Work Phone: Mobile: Employment Type: Classification: IS47FI Rank: location: Employment Status: Comments Service Type: Group: SubGroup: Department: Occupation: Company: Directorate: Rank level Seniority: Current Security Clearance: Pending Clearance: Unit: Hide link? Informant Protection Req? No Role Informant Protection Prov? No IStart: 01/03/2011 End: Motive Tests Test Type Test Type Other Test Test Result Comments Investigation -In - Confidence Page 3 of 12

4 Investigation -In - Confidence FOI 280/11/12 Incident Report -IR-OSA01-SIC Person Details Group Group Ref. 10 Role I Title I Acronym I I Comment: Notes Running Sheets Occurrence & Time: 28/02/2011 & 11:30:00 DSA representative (Mr David Cross) spoke with SUPT Amanda Kates, Australian Federal Police International Network. SUPT Kates confirmed that the AFP International Network had received prior notification of the FBI's intended activities in relation to Ms Todd. She further confirmed that Mr Spencer was not accompanied by a member of the AFP as he was not attempting to utilise any police powers and was operating within his authority in Australia. Cross. Last Modified: 02/03/201111:02:39 AM By: david.cross4 Occurrence & Time: 28/02/2011 & 11:00:00 Page 4 of 12

5 Investigation. In Confidence Incident Report -IR-OSA01-SIC Cross. Last Modified: 02/03/201110:44:42 AM By: david.cross4 Occurrence & Time: 27/02/2011 & Received call from A/ASSO asking about a reported security incident A/ASSO advised that CSO wanted information in reference to a media I provided all details of the phone call. Last Modified: 01/03/201116:17:08 PM By: claude.queer Occurrence & Time: 26/02/2011 & 21:21:00 Received phone call from individual who identified himself at his house and identified himself as an FBI agent from the US Embassy. The questions about citizen) passport. The individual became confused when confronted with questions he should have known and left. Id not believe he was in fact an FBI agent and wanted to report the matter..--advised that he had sent an with all the details. I asked if he wanted me to go to the o~e and he said no as there was nothing that I could do at 9:30 at night. I told him DSA would follow-up on Monday morning. I advised him not to left anyone who he did not know or who could not provide positive ID into his residence or to answer personal questions. Last Modified: 01/03/201116:15:31 PM By: claude. queer Page 5 of 12

6 FOI 280/11/12 Department ofdefence Incident Report -IR-DSA01-SIC Occurrence & Time: 02/03/2011 & 11:14:56 An attachment was added on :14 by david.cross4 with the description: s: media enquiry re report. Last Modified: 02/03/201111:31:08 AM By: david.cross4 Occurrence & Time: 02/03/2011 & 10:20:55 An attachment was added on :20 by david.cross4 with the description: Fairfax media articles published Wednesday 2 Mar 11 Last Modified: 02/03/ :20:55 AM By: david.cross4 Occurrence &Time: 02/03/2011 & 06:30:00 Media articles authored by Mr Dylan Welch were published this morning in the Sydney Morning Herald and The Age newspapers. The articles were almost identical with only minor differences in content. Both were consistent with what DSA understood had been referred to Mr Welch by Ms Todd. (See attachment). Last Modified: 02/03/201111:31:08 AM By: david.cross4 Occurrence & Time: 01/03/2011 & 16:20:50 I A General task has been complet~e~d~b-,y~c~i~au~d~e~q_u_e_e_r ---' Last Modified: 01/03/ :20:50 PM By: claude.queer Page 6 of 12

7 FOI 280/11/12 Docurnent 1 ~~tm!~!l!) Incident Report - IR-OSA01-SIC Occurrence & Time: 01/03/2011 & 16:19:23 Last Modified: 01/03/201116:19:23 PM By: claude.queer Occurrence & Time: 01/03/2011 & 14:53:56 I A General task has been created by Wendy Norris ADSIC Last Modified: 01/03/201114:53:56 PM By: ADSIC Occurrence & Time: 01/03/2011 & 14:50:00 I A General task has been created by Wendy Norris ADSIC Last Modified: 01/03/201114:50:00 PM By: ADSIC Occurrence & Time: 01/03/2011 & 14:48:12 I An attachment was added on :48 by ADSIC with the description: Original advice Last Modified: 01/03/201114:48:12 PM By: ADSIC Occurrence & Time: 01/03/2011 & 13:00:00 Investigation -In - Confidence Page 7 of 12

8 FOI 280/11/12 Incident Report -IR-OSA01-SIC A DSA representative (Mr David Cross) met and spoke with about the matter he reported. _was informed that it was the DSA's assessment that there was no link between the FBI's activities and Defence nor did they constitute a threat to Defence security~as also informed that it was the DSA view, based on the information provided by the US Embassy and the AFP, that the visit to his home by Mr Spencer was legitimate and within his authority in Australia. stated that he was aware that his wife had discussed the incident with Mr Dylan Welch, journalist with Fairfax. A n was had about the need for Ms Todd to consider the possible implications and Defence in any future dealings with members of the media. Cross. Last Modified: 02/03/201111:11:56 AM By: david.cross4 Attachments Summary: Original advice Detailed information about incident File Name Comment Sensitive? Created By Created Modified By Modified Original_ _ad No ADSIC 01/03/2011 ADSIC 01/03/2011 vice.msg 14:29:21 14:48:12 PM PM Summary: Report of Security Incident by_ Page 8 of 12

9 FOI Incident Report IR DSA01 SIC File Name Comment Sensitive? Created By Created Modified By Modified FW_SecurityJnci No claude.queer 01/03/2011 claude.queer 01/03/2011 dent.msg 16:18:42 16:19:23 PM PM Summary: Fairfax media articles published Wednesday 2 Mar 11 File Comment Sensitive? Created By Created Modified By Modified Media_articles_2_ No david.cross4 02/03/2011 david.cross4 02/03/2011 Mar_11.xps 10:19:42 10:20:55 AM AM Summary: s: media enquiry re_report. File Name Comment Sensitive? Created By Created Modified By Modified RE_From_Dylan_ No david.cross4 02/03/2011 david.cross4 02/03/2011 Welch Fairfax_R 11:14:10 11:31:08 AM E_Gwenyth_TODD AM _SECUNCLASSIFIE D.msg Tasks Modified Subject Status Assigned To Added Added By Modified By Page 9 of 12

10 FOI 280/11/12 Incident Report -IR-DSA01-SIC Tasks Subject Status Assigned To Added Added By General Completed Claude Queer General Open David Cross 01/03/ :50:00 PM 01/03/ :53:56 PM ADSIC ADSIC Modified 01/03/ :20:50 PM 01/03/ :53:56 PM Modified By claude.queer ADSIC Property Reference 10: : Role: Service Owner: Civilian Unit: Short Name: NSN: Owner Category: Asset MGR/Owner: Unit Owner: Owner Status: Batch Number: Quantity: 0 Total Est. Value: $0.00 Additional Information Property Details Item # Make Serial # Asset # Est. Value Year of Mfg. Reg. # Vin# Colour Recovered? 1 0 No Exhibit Details Item # 1 ID# Book # Seized Time Seized Disposal Comment Address Location Start End Page 10 of 12

11 FOl280/11/12 Incident Report - IR-DSA01-SIC Property 1 Drug Details Drug Name: Drug Name Other: Drug Form: Drug Form Other: How Taken: How Taken Other: & Time Obtained: & Drug Quantity: Value: $0.00 Method of Concealment Drug Analysis Police Involved? No Police Reference No: Drug Source Person: Police Station Town: Drug Source Address: Milestones Milestone Carriage Time Stamp IR registered DSA01 01/03/201114:47:16 PM Primary Investigator Changed DSA01 01/03/201114:51:33 PM Case Audit Page 11 of12

12 Investigation -In - Confidence FOI 280/11/12 Incident Report IR DSA01 SIC Created: 01/03/ :46:59 PM By: ADSIC Modified: 02/03/ :31 :08 AM By: david.cross4 Page 12 of 12