The Marine Corps is charging two of its own in connection with a theft ring that involved the stealing of secret files on potential terrorists. The widening investigation already has produced one conviction.
Both Marines were called back to duty at Camp Pendleton and charged in late June with breaking military law, though the charges were not announced until yesterday.
Gunnery Sgt. Eric L. Froboese and Master Sgt. Reinaldo Pagan, both reservists, were charged as part of a probe into the mishandling and compromise of classified information, the Marine Corps said.
Pagan is charged with dereliction of duty and orders violations. Froboese faces charges of dereliction of duty, orders violations, conspiracy and wrongful transmission of classified information.
They have been assigned to the Headquarters and Support Battalion at Camp Pendleton while their cases are adjudicated.
A Marine Corps spokesman said it was too early to discuss possible punishments.
The men are accused of sharing secret files from Camp Pendleton with members of the Los Angeles County Terrorist Early Warning Group, a task force of law enforcement agencies.
The San Diego Union-Tribune reported in October that a group of reservists was being investigated for breaching national security at Camp Pendleton.
In May, the newspaper reported that the alleged theft ring was particularly interested in FBI surveillance files on Muslim religious sites in Los Angeles, and that the Islamic Center of San Diego was monitored.
That report prompted the American Civil Liberties Union of San Diego on Monday to ask the FBI, the Defense Department, the San Diego Police Department and the county Sheriff's Department to turn over information about any surveillance program targeting people based solely on their religious practices.
Meanwhile, three defense attorneys have told the newspaper that they have been retained by service members not yet charged in the case, which began in late 2006 when Naval Criminal Investigative Service agents, looking for war booty, searched storage areas used by former Gunnery Sgt. Gary Maziarz. The agents found many Iraqi weapons and classified documents.
Maziarz pleaded guilty in July 2007 and named Col. Larry Richards, another reservist, as the mastermind of an effort that delivered state secrets to the Los Angeles County Terrorist Early Warning Group, where Richards worked as a terrorism expert.
Former Marine Col. David Litaker, Navy Cmdr. Lauren Martin and Marine Maj. Mark Lowe, all reservists, also were identified by Maziarz in his sworn testimony in a Camp Pendleton courtroom. Pagan and Froboese were not named.
In a plea agreement, Maziarz agreed to testify against alleged co-conspirators and not to speak with the news media in exchange for a 26-month prison sentence. He had been facing nearly 30 years in prison.
He recently left the brig, and attempts to contact him have not succeeded.
Maziarz testified that he acted out of patriotism – to make it easier for federal, military and civilian law enforcement agencies to share information about possible terrorists.
Investigators, though, said some of the suspects might have passed files to defense contractors in hopes of later being hired by them.
Government officials also are vetting the backgrounds of participating attorneys before charges are filed against the remaining suspects. Legal proceedings in the case probably will be conducted in private.
Rick Rogers: (760) 476-8212; rick.rogers@uniontrib.com
