From Rayelan -- This is the lawsuit Al Fayed just filed --- Strangely enough -- the woman I accused of muddying the waters in the Canadian Promis investigation is named in it. Surprise, surprise.

I will comment more later --
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1 September 2000
Source:

http://www.dcd.uscourts.gov/00-2092.pdf (1.8MB)

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[42 pages.]

FILED
AUG 31 2000

[Illegible name of
district court clerk]

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

MOHAMED AL-FAYED
Harrods Limited
Knightsbridge
London SW1X 7XL
United Kingdom
and
PUNCH LIMITED
100 Brompton Road
London SW3 1ER
United Kingdom

Plaintiffs
v.

CENTRAL INTELLIGENCE AGENCY
Washington, D.C. 20505

and
NATIONAL SECURITY AGENCY
9800 Savage Road
Fort George G. Meade, Maryland 20755

and
DEFENSE INTELLIGENCE AGENCY
Washington, D.C. 20340-5100

and
DEPARTMENT OF DEFENSE
Washington, D.C. 20301

and
DEPARTMENT OF JUSTICE
Washington, D.C. 20530

and
DEPARTMENT OF STATE
Washington, D.C. 20520

and
FEDERAL BUREAU OF
INVESTIGATION
Washington, D.C. 20535

and
EXECUTIVE OFFICE OF UNITED
STATES ATTORNEYS
600 E Street, N.W., Room 7100
Washington, D.C. 20530

and
IMMIGRATION AND
NATURALIZATION SERVICE
425 I Street, N.W.
Washington, D.C. 20536

and
UNITED STATES SECRET SERVICE
950 H. Street, N.W.
Suite 3000
Washington, D.C. 20001

Defendants

* * * * * *

CASE NUMBER 1:00CV02092
JUDGE: Colleen Kollar-Kotelly

DECK TYPE: FOIA

DATE STAMP: 08/31/2000

* * * * *

COMPLAINT

This is an action under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, as amended, and the Administrative Procedure Act, 5 U.S.C. § 702 et seq., for the expedited processing and disclosure of agency records pertaining to the deaths of Princess Diana and Dodi Fayed, and events and individuals associated with the tragedy, that were improperly withheld from plaintiffs Mohammed Al Fayed and Punch Limited by defendants Central Intelligence Agency, the National Security Agency, the Defense Intelligence Agency, the United States Departments of Defense, Justice and State, the Federal Bureau of Investigation, the Executive Office of United States Attorneys, the Immigration and Naturalization Service and the United States Secret Service.

JURISDICTION

1. This Court has both subject matter jurisdiction over this action and personal jurisdiction over the defendants pursuant to 5 U.S.C. §§ 552(a)(4)(B), 702 and 28 U.S.C. § 1331.

VENUE

2. Venue is appropriate under 5 U.S.C. §§ 552(a)(4)(B), 703 and 28 U.S.C. § 1391.

PARTIES

3. Plaintiff Mohammed Al Fayed ("Al Fayed") is the owner and publisher of Punch Limited. He is also the father of Dodi Al Fayed, who perished in the August 31, 1997, automobile crash that claimed the life of Princess Diana. Al Fayed maintains a Web site dedicated to resolving the mysteries surrounding the tragedy at www.alfayed.com.

4. Plaintiff Punch Limited ("Punch") is a British political satirical magazine that dates back to 1841. The magazine, which is published 26 times per year, is also available on the Internet at www.punch.co.uk.

5. Defendant Central Intelligence Agency ("CIA") is an agency within the meaning of 5 U.S.C. § 552 (e) and is in possession and/or control of the records requested by Al Fayed and Punch which are the subject of this action.

6. Defendant National Security Agency ("NSA") is an agency within the meaning of 5 U.S.C. § 552 (e) and is in possession and/or control of the records requested by Al Fayed and Punch which are the subject of this action.

7. Defendant Defense Intelligence Agency ("DIA") is an agency within the meaning of 5 U.S.C. § 552 (e) and is in possession and/or control of the records requested by Al Fayed and Punch which are the subject of this action.

8. Defendant Department of Defense ("DoD") is an agency within the meaning of 5 U.S.C. § 552 (e) and is in possession and/or control of the records requested by Al Fayed and Punch which are the subject of this action.

9. Defendant Department of Justice ("DOJ") is an agency within the meaning of 5 U.S.C. § 552 (e). It has oversight control and FOIA authority over the Executive Office for United States Attorneys ("EOUSA") and is in possession and/or control of the records requested by Al Fayed and Punch which are the subject of this action.

10. Defendant Department of State ("DOS") is an agency within the meaning of 5 U.S.C. § 552 (e) and is in possession and/or control of the records requested by Al Fayed and Punch which are the subject of this action.

11. Defendant Federal Bureau of Investigation ("FBI") is an agency within the meaning of 5 U.S.C. § 552 (e). It has oversight control and FOIA authority over its field offices in Las Vegas, Los Angeles, Mami, New York City and Washington, D.C., as well as its Legal Attaches in London, United Kingdom, Paris, France and Vienna, Austria and is in possession and/or control of the records requested by Al Fayed and Punch which are the subject of this action.

12. Defendant Immigration & Naturalization Agency ("INS") is an agency within the meaning of 5 U.S.C. § 552 (e) and is in possession and/or control of the records requested by Al Fayed and Punch which are the subject of this action.

13. Defendant United States Secret Service ("USSS") is an agency within the meaning of 5 U.S.C. § 552 (e) and is in possession and/or control of the records requested by Al Fayed and Punch which are the subject of this action.

BACKGROUND

The Tragedy

14. On August 31, 1997, at approximately 12:25 A.M. local time, an automobile carrying Diana Francis Spencer, Princess of Wales, and Dodi Al Fayed crashed into the thirteenth pillar in the tunnel under the Place d'Alma in Paris, France. Princess Diana and Dodi Al Fayed were killed along with the automobile's driver, Henri Paul, a French security officer at the Ritz Hotel. Bodyguard Trevor Rees-Jones was the sole survivor.

The French Investigation

15. Shortly after the tragedy, Premier Juge d'instruction Hervé Stéphan, a French investigating magistrate, instituted an investigation. On or about January 29, 1999, it was announced that the investigation had ended and concluded that the tragedy was caused by drunk driving by Henri Paul, excessive speed and a dangerous stretch of road. Nine photographers and a press motorcyclist were placed under formal investigation -- a step immediately before being formally charged -- for manslaughter and failing to render aid to accident victims. On or about September 3, 1999, Judge Stéphan dismissed all charges against the photographers and motorcyclist.

16. The decision to formally end the investigation is presently under appeal by Al Fayed, and judicial proceedings are scheduled for September 2001.

Richard Tomlinson

17. Richard Tomlinson, 37, is a former MI6 (British foreign intelligence service) officer who served from September 1991 through April 1995.

18. On or about August 28, 1998, Tomlinson informed investigating magistrate Hervé Stéphan that Henri Paul, the chauffeur killed in the tragedy, had been on the MI6 payroll for at least three years. He also revealed that the death crash resembled a MI6 plot to kill Yugoslavian President Slobodan Milosevic in Geneva. A copy of the affidavit Tomlinson provided to Judge Stéphan is available at www.alfayed.com/dianaanddodi/tomlinson.html.

19. In or around September 1998, Tomlinson traveled to the United States on board a Swiss Air Flight in order to appear on a NBC television program to discuss his recent revelations. Upon arrival at John F. Kennedy International Airport in New York, Tomlinson was escorted off the plane by United States government officials and detained for several hours. He was never permitted to enter the United States, and instead was placed back on a plane to Europe.

20. Upon information and belief, the United States government prevented Tomlinson from entering the United States at the request of MI6 or other British government officials.

Oswald LeWinter

21. Oswald LeWinter ("LeWinter"), 70, has claimed to be a former United States intelligence operative for more than two decades. He has been linked to several high profile controversies here in the United States and Europe, all of which involved allegations of intelligence connections and specifically the CIA. These controversies have included LeWinter providing what apparently turned out to be disinformation regarding "October Surprise", which involved allegations that individuals associated with Ronald Reagan's presidential campaign delayed the release of American hostages in Iran in order to defeat President Jimmy Carter; claims by LeWinter that the CIA was involved in the 1986 assassination of former Swedish Prime Minister Olof Palme; his appearance in a 1994 documentary on the bombing of Pan Am Flight 103 entitled The Maltese Double Cross in which LeWinter claimed that the CIA knew that Libya was not responsible for the terrorist attack; and a 1998 attempt, more fully described below, to sell fraudulent CIA documents concerning the deaths of Princess Diana and Dodi Al Fayed.

22. In his book October Surprise (1991), Professor Gary Sick describes LeWinter as an "intelligence operative", who was a "graduate of University of California at Berkeley and had a master's degree in English literature from San Francisco State." "He spoke German and English, but he had also acquired a working knowledge of Hebrew, Persian, and French, and some Urdu." Sick stated LeWinter "had served with U.S. forces in Vietnam and also claimed long experience with various U.S. and Israeli intelligence agencies."

23. Upon information and belief, LeWinter previously formally maintained a relationship with the CIA, at least to the extent he provided information to the Agency during the 1970s. The CIA presently maintains in its possession records that confirm a relationship, as well as information pertaining to the fraud attempt described below.

The Effort To Defraud Mohamed Al Fayed

24. In late 1997 or early 1998, Keith Fleer ("Fleer"), a prominent California attorney, George Williamson ("Williamson"), an independent journalist, Pat Macmillian ("Macmillian") and LeWinter -- the latter two are both alleged former CIA agents -- participated in an enterprise to sell forged documents purportedly stolen from the CIA that indicated MI6 -- the British foreign intelligence agency -- had plotted to murder Princess Diana and Dodi Al Fayed. Other individuals who are alleged to have played a role in the scheme include Linda Tumulty, who is tied to the late film producer Alan Francovich, and another former CIA operative named Thompson.

25. LeWinter, Macmillan, and other associates apparently forged the documents and planned to misrepresent them as genuine to induce potential buyers to purchase the documents. Along with Williamson, who was also aware that the documents to be sold were not authentic, LeWinter, Macmillan, and their colleagues agreed that a sale of the forged documents to a tabloid newspaper should be arranged. The participants in the scheme anticipated a sale price of over $1 million.

26. Upon information and belief, at the suggestion of Gaby Leon (phonetic), an individual who allegedly formerly worked for the Argentine Secret Service, Williamson was advised to contact Fleer, an entertainment attorney in Los Angeles, for advice on the sale of the documents and to serve as a broker for their sale.

27. In their course of discussions, Fleer noted that Al Fayed had offered a reward of up to $20 million for information concerning the deaths of his son and Princess Diana and he suggested that they should approach Al Fayed in lieu of a tabloid and offer him the information for $20 million. Fleer stated that he knew one of Al Fayed's attorneys in Washington, D.C. and would make the necessary approaches to him. Upon information and belief, Fleer was to receive 5% of any monies obtained through the sale of the alleged CIA documents.

28. On or about March 24, 1998, Fleer contacted Douglas Marvin ("Marvin"), Al Fayed's legal representative in Washington. Marvin, in turn, put Fleer in contact with John Macnamara ("Macnamara), Al Fayed's chief of security. In a series of telephone conversations over the first two weeks of April 1998, between Fleer and Macnamara, Fleer stated that he had been approached by reliable individuals with credible information that the deaths of Dodi Al Fayed and Princess Diana were not accidental but in fact were the product of a carefully planned assassination carried out at the behest of British intelligence with the knowledge and acquiescence of Buckingham Palace. Fleer indicated that his immediate contact was Williamson, an investigative reporter, and that several "principals" were also involved.

29. According to Fleer, Williamson had connections with CIA sources who had been reliable in the past. Those CIA employees, Fleer stated, would be prepared to disclose their information concerning the deaths of Dodi Al Fayed and the Princess, provided that Al Fayed would provide them with the financial security and assistance to "take measures to protect themselves" -- a price of $20 million. Fleer indicated that, while it was unlikely that the CIA employees would agree to testify in any manner, they could provide authentic and sufficiently detailed CIA documentary evidence to prove the involvement of British intelligence agencies in the assassination plot. Fleer also stated that the CIA sources knew that a CIA operative in Europe had been contacted by someone within the British intelligence agency MI6. The British agent indicated that an assassination team was being compiled and asked for assistance. The CIA employee subsequently cabled for instructions and received in return a telex indicating that the CIA was not to become involved directly but that the agent could give British intelligence the name of a contact with a Mossad-affillated "K team" operating out of Switzerland.

30. In addition to the telexes from and to the CIA operative, Fleer indicated that the CIA sources could and would supply Al Fayed with a relevant intelligence collection report and a medical document indicating that the Princess was pregnant at the time of her deith. Fleer also indicated that there was a report of the results of an internal CIA investigation into the agency's involvement with the assassination of Dodi Al Fayed and Princess Diana, but that this document could only be obtained through a "seven figure" cash payment.

31. On or about April 8, 1998, Fleer requested that Macnamara arrange for the wire transfer of $25,000 "expense money" so that Al Fayed's representatives and the "principals" could meet in a foreign country to arrange for the inspection of the CIA documents and their subsequent sale to Al Fayed.

32. Given that alleged classified information was being offered for sale, on or about April 13, 1998, Al Fayed's representatives contacted and began cooperating with officials from the FBI and the CIA. From here on, all actions taken by Al Fayed's representatives were done so with the approval and supervision of law enforcement and intelligence officials of the Uruited States government.

33. On or about April 13, 1998, Fleer requested that Macnamara send the $25,000 via wire transfer to the account of Garland and Loman, Inc., a New Mexico company with an affiliate in Juarez, Mexico, at the Western Bank, 201 North Church Street, Las Cruces, New Mexico 88001. Fleer explained in a subsequent call to Macnamara that the Western Bank would contact Williamson when the funds were received. The FBI directed Al Fayed's representatives to wire the money from a bank in the District of Columbia so that criminal jurisdiction would lie with the United States Attorney's Office for the District of Columbia. Macnamara was told that at the very least the transmittal and receipt of the funds would constitute wire fraud, even if nothing else came of the intended transaction to sell the documents.

34. On or about April 14, 1998, with the approval of U.S. law enforcement authorities, Marvin ordered the wire transfer of $25,000 from a NationsBank branch in Washington, D.C. to the Garland & Loman account. FBI, CIA and EOUSA officials were all aware of the ongoing events.

35. Upon information and belief, Williamson traveled to the Garland and Loman premises in New Mexico to withdraw the $25,000 wire transfer with the intent to use those funds to finance and further the sale of the forged documents to Al Fayed. Williamson subsequently traveled to London, England and disbursed some or all of the $25,000 to his co-conspirators; including, but not limited to, LeWinter.

36. On or about April 14, 1998, following confirmation from Williamson that the $25,000 wire transfer had been received, Fleer informed Macnamara that the meeting to exchange the documents for payment was to take place in Vienna, Austria. Fleer stated that in Austria, Al Fayed's representatives would meet with four "principals," who would offer for sale two CIA telexes and a doctor's certificate that Princess Diana was pregnant at the time of her death. Fleer emphasized that the internal CIA investigative report on the circumstances of the crash would not, however, be provided at the Vienna meeting because "they" had yet to procure it.

37. With the intent to render the proceeds of the sale difficult or impossible to trace, and in an effort to conceal their source, Fleer instructed Macnamara during their conversation on or about April 14, 2000, that he should arrange to have the $15 million negotiated purchase price (having been reduced from $20 million) for the documents deposited at the Austrian bank Kredit Anstalt in a Sparbuch, an anonymous, bearer passbook account. Fleer stated that the passbook was to be handed over to the "principals" at the Vienna meeting as payment for the documents.

38. On or about April 20, 1998, Macnamara received a telephone call in Austria from Williamson, who stated that he was at the Hilton Hotel, New York City. Williamson confirmed that he dealt regularly with the "principals" supplying the documents and that he served as their go-between. He also stated that the "principals" would be present in Vienna and that at least one of them, whose identity remains unknown, had traveled from the United States to meet with Al Fayed's representatives. At an initial meeting, Al Fayed's representatives would be shown at least one of the CIA telexes dealing with the assassination of Dodi Fayed and Princess Diana, and that a serving member of the CIA would be on hand to authenticate the document. Additionally, Williamson also stated that the $25,000 wired by Macnamara had been spent and that "nobody's cheating on you."

39. Following additional negotiations concerning the time, place, and format of the Vienna meeting, Macnamara received two telephone calls from an unknown individual on his mobile phone discussing the mechanics of the document exchange and setting a meeting for April 22, 1998, 2:00 p.m. at the Hotel Ambassador, 1010 Vienna, Neuer Markt 5. Macnamara was to sit on the Kärtner Strasse side, where he would be approached by one of the "principals." With the approval of United States and Austrian law enforcement authorities, Macnamara followed the instructions that had been given to him regarding the planned rendezvous.

40. At approximately 2:30 p.m. local time, a man (later identified as LeWinter) approached Macnamara and identified himself as an ex-CIA agent who was in Vienna with six CIA and Mossad agents to deal with "the business." LeWinter spoke to Macnamara for approximately one half hour, briefing him on the provenance of the CIA documents, and indicated that there had been a meeting in London between an MI6 operative named Spelding and a CIA agent named Harrison, who was attached to the United States Embassy in London. At that meeting, Spelding asked Harrison for the CIA's assistance in assassinating Dodi Al Fayed, who had formed a close relationship with Princess Diana. Harrison allegedly cabled CIA headquarters in Langley, Virginia for instructions and was informed via telex that the CIA would not become involved but could refer the British to the Mossad "K team" in Geneva. LeWinter indicated to Macnamara that these two telexes were for sale, and he also gave a brief description of the CIA investigative report that could be obtained, including a reference in that report to Princess Diana's pregnancy.

41. At the conclusion of their meeting at the Hotel Ambassador, LeWinter provided a telephone number and requested Macnamara to call him there under the name George Mearah at 5:00 p.m. Law enforcement personnel working with Macnamara traced the telephone number to the Hotel Stadt Bamberg, where they confirmed that the hotel had as a guest an American named Oswald LeWinter who matched Mearah's description.

42. By arrangement, and with the approval of United States and Austrian authorities, Macnamara met with LeWinter later that afternoon at the Ambassador Hotel. Following further discussions with Macnamara, LeWinter was taken into custody at the Ambassador Hotel by Austrian law enforcement officials. On information and belief, two associates (one of which has apparently been identified as Thompson) of LeWinter who were nearby evaded capture. In fact, it turns out that one of the individuals who assisted LeWinter during his time in Vienna was Karl Koecher, a Czechoslovakian intelligence operative who had infiltrated the CIA as a "sleeper" agent during the 1970s. After more than a decade of spying on the United States, Koecher was arrested and ultimately exchanged in a spy trade for Soviet dissident Anatoly Shcharansky on February 11, 1986. Upon information and belief, Koecher and LeWinter became acquainted while serving in prison together in New York State.