Francesco/who-killed-jfk huggingface dataset:
[104-10291-10019.pdf — page 9]
SECRET$2,000 in March 1964$8,000 in May 1969$5,000 on 1 July 1970$20,000 on 1 July 1970 (According to PDDONOR thispayment should not be appliedagainst the $50,000 commitment)$15,000 on 12 July 1973Thus, according to PDDONOR's reasoning $20,000 is still due him as part of the original $50,000 commitment.5. Several additional points should be noted. On 2 July 1973 PDDONOR signed an "Acknowledgment and Release" prepared by the General Counsel in which PDDONOR releases and forever discharges the US Government and the Agency from any claim for money promised to him. (Reference C). In addition, the issue of the $20,000 he says is still owed him does not surface in the file until September 1978, 14 years after his defection. The explanation of why this issue would arise at this late date is not clear from available records.6. Attached are copies of those documents which impact on this issue. Because of the complexities of this case I recommend that we request the Office of General Counsel to review the entire case and provide a ruling on the legitimacy of PDDONOR's claim of $20,000. After such a ruling we can discuss our future course of action.7. All classified Secret.Attachments:As StatedSteven K. RubensteinSteven K. Rubenstein3SECRET
[104-10291-10019.pdf — page 10]
SECRETOGC 79-020421 March 1979MEMORANDUN FOR : Chief, Counterintelligence StaffFROM : John A. RizzoAssistant General CounselSUBJECT : Financial Commitments to PODONOR/11.  This is in response to your memorandum of 23 February 1979 which requests our opinion concerning CIA's existing financial obligations to PDDONOR/1, a former high-ranking KGB officer who defected to this country in February 1964 after having cooperated in place for the previous two years. Based on information contained in CI Staff files, there appears no question that the Agency made three documented, unequivocal promises to PDDONOR/1 at the time of his defection:a)he would be paid a total of $50,000 ($25,000 per annum) in consideration for his previous two years' service in place:b)he would receive a $10,000 payment for his part in identifying a certain KGB operative in the British government; andc)he would be placed under contract for "an indefinite period" after his defection at a yearly salary of $25,000, with accompanying provision for retirement and other benefits.Your memorandum seeks our assistance in resolving the issue of whether or not the Agency has, as PDDONOR/1 asserts, any current, independent obligation to pay PDDONOR/1 $20,000 based on an oral commitment made to him by a now-retired CIA officer at the time of his defection promising him the Agency's financial assistance in his securing a residence in this country.ORIGINAL CL BY 035779DECL REVW CN 28 Feb 99EXT BYND 6 YRS BY sameREASON 3d (3)SECRETALL PORTIONS ARE CLASSIFIED SECRETATTACHMENT
[104-10291-10019.pdf — page 11]
SECRET2.  As you know, due to unforseen and extraordinary factors which arose shortly after PDDONOR's defection, the three documented commitments made to him as outlined in the previous paragraph were not fulfilled until some years after his defection. In this connection, the file indicates that PDEONOR/1 did not start receiving an Agency salary until March 1969, and that it was not until six years later that he began to be paid at the previously promised rate of $25,000 per annum. Accordingly, in order to belatedly satisfy in full the commitments originally made to PDDONOR/1 in 1964, lump-sum payments have been made to him on three occasions in recent years with the approval of senior Agency management. Briefly, these lump-sum payments consisted of:    a) $125,000 (less taxes) in November 1972 to cover the balance owed for salary during the period April 1964 το March 1969; b) $15,000 in July 1973 to settle the remainder due on the $50,000 obligation to PDDONOR/1 for his service in place overseas prior to his defection; and c) $28,500 (authorized in April 1976 but evidently not paid until late last year) to cover the balance of his previously promised $25,000 annual salary for the period March 1969 - March 1975 as well as the $10,000 commitment originally made to PDDONOR/1 prior to his February 1964 defection (see paragraph 1(b) above) for his role in identifying a certain KGB operative in England.3.  As previously stated, the sole issue for consideration at this point revolves around PDDONOR/l's relatively recent assertion that CIA still owes him $20,000 as a result of a vaguely worded oral commitment made to him by a now- retired Agency officer in 1964 who promised that CIA would provide housing for PDDONOR/1 in this country following his arrival. In analyzing PDDONOR/I's contentions in this regard, we believe for For the following reasons that the details surrounding CIA's July 1973 payment to him of $15,000 assume particular significance and do, in fact, firmly rule out any further, outstanding legal obligation to him with respect to payments to cover PODONOR/l's eventual purchase of a home. Of course, the key considération involved is the fact that the $15,000 payment was made following PDDONOR/l's execution of a quitclaim prepared by this Office through which he agreed to "release and forever discharge...the Central Intelligence Agency...from any claim for money promised to him for, and/or at the time of his defection, and from any and all other claims... ...in any form whatsoever arising out of or in any way connected with his cooperation and association with... CIA prior to the date of this document, 12 July 1973."SECRET
[104-10291-10019.pdf — page 12]
Thus, the wording of the quitclaim is clearly and purpose-fully unconditional and is specifically intended to bar the kind of belatedly raised claim which PDDONOR/1 is raking now.4. In taking this position, we recognize that one could properly point out in rebuttal that notwithstanding the seemingly all-encompassing scope of the quitclaim, a further payment of $28,500 was in fact subsequently authorized for PDDONOR/1 in April 1976. However, as was noted in an internal OGC memorandum dated 1 April 1976 which concurred in this additional $28,500 payment, the real purpose of the 12 July release was to settle once and for all the issue of the balance of the $50,000 owed PDDONOR/1 for his two years of in-place cooperation prior to his defection. Accordingly, since the $28,500 payment was intended to satisfy other pre-existing commitments to PDDONOR/1 (i.e.. back-salary owed for 1964-1969 as well as the $10,000 promised for his role in identifyig the KGB operative in England), this office concluded at that time that the payment was legally permissi-ble since it was outside the intended scope of the quitclaim and was being used to fulfill separate, fully documented promises of compensation made earlier to him.5. By contrast, at the time that CIA made its July 1973 payment to PDDONOR/1 in return for his quitclaim, the available background materials contained in the files you have provided us leave little doubt that the issue of compen-sation to cover his purchase of a home was an intrinsic part of the calculations which led to the decision to authorize the $15,000 payment to him at that time. For instance, in the 25 June 1973 memorandum to Mr. Colby which contained the recommendation for the $15,000 payment, the Director of Security delineated some of the previous advances made to PDDONOR/1 in partial satisfaction of the $50,000 owed to him for the 1962-64 period. It was specifically noted in that connection that "[a]gainst this ($50,000), sum in April-May 1969, (PDDONOR/1} was given $8,000 as financial assistance for resettlement in in the private economy and $25,000 in mid-1970 towards the purchase of a new house and other related expenses:" (Emphasis added). These amounts plus an additional $2,000 which had been previously advanced were subtracted from the original $50,000 commitment, thứs leading to the final figure of $15,000 that was subsequently paid to PDDONOR/1 in July 1973 and for which he readily signed the quitclaim re leasing CIA from any further financial obligations to him. The Director of Security's memorandum went on to indicate that PDDONOR/1 "agreed" with these calculations; moreover PDDONOR/1's acknowledgment that CIA had previously fulfilled its
[104-10291-10019.pdf — page 13]
SECRETcommitments to him regarding a house is more explicitly documented in a 14 August 1972 memorandum for the file from the Deputy Chief, Security Research Group, which quotes PDDONOR/1 as saying that he "considers that the assistance in purchasing furniture, a house, etc. which he has been given since 1969 should be considered as cancelling the matter of the $50,000". (Emphasis added).6. Therefore, from all of the above, it must be concluded that, contrary to PODONOR/1's assertions, CIA has long since fulfilled any promises which Agency representatives made to him prior to his defection concerning his housing in this country. Further, the available evidence clearly tends to indicate that PDDONOR/1 fully understood and accepted the fact that these obligations had been fully met at the time that he signed his quitclaim in July 1973. Thus, since the terms and scope of the quitclaim are fully controlling on the claim which PDDONOR/1 is asserting, ve have determined that the Agency has no legal obligation whatsoever to pay him the $20,000 which he seeks7. As a final note, this Office recognizes that, notwithstanding the absence of any legal obligations, the particularly sensitive status of PDDONOR/1 within CIA may nevertheless give rise to an understandable desire in some quarters to make the $20,000 payment to him on security and/or moral grounds. We do not necessarily quarrel with such a viów, nor do we mean to implý thất CIA is legally precluded from, in effect, "waiving" the terms of the quit-claim if it so chooses. At the same time, it must be remembered that this. Office was asked to prepare the quitclaim at issue in 1973 precisely in anticipation of a situation such as the one before us now. It is respectfully submitted that such documents will cease to have any future efficacy or credibility whatsoever if individuals such as PUDONOR/1 who are ostensibly bound by them perceive a willingness on the part of CIA to set aside these carefully worded and legally binding documents whenever a claim (no matter how 111-founded) is advanced. In short, we hope and trust that any decision to pay PDDONOR/1 the $20,000 at issue despite the quitclaim and documented evidence to the contrary will be based on truly compelling security or moral considerations.![signature of John A. Rizzo]John A. RizzoSECRET4
[104-10291-10019.pdf — page 14]
ADMINISTRATIVE - INTERNAL USE ONLYMr. George Martin RosnakDear Mr. Rosnak:Reference is made to your contract with the U. S. Government, as represented by the Central Intelligence Agency, effective 1 March 1970, as amended.Effective 26 December 1978, paragraph five (5) entitled "Allowances, Travel and other Expense" is amended by the deletion of the last sentence in its entirety and by substituting in lieu thereof the following:"If in the course of this contract you are directed to travel or are authorized to incur other expenses, reimbursement of such expenses will be made on a commuted rate basis, based on constructive cost, while in the Washington metropolitan area. This commuted rate sum will not be reduced by any operational entertainment that may be provided to you."All other terms and conditions of the contract, as amended, remain in full force and effect.CENTRAL INTELLIGENCE AGENCYBy:Special Contracting OfficerACCEPTED:George Martin RosnakWITNESS:APPROVED:ADMINISTRATIVE - INTERNAL USE ONLY2CB) JS1/9/79
[104-10291-10019.pdf — page 15]
ADMINISTRATIVE - INTERNAL USE ONLY SOC-2Mr. George Martin RosnekDear Mr. Rosnek:Reference is made to your Contract with the United States Government, as represented by the Central Intelligence Agency, effective 1 March 1970, as amended.Effective 8 April 1979, paragraph four (4) entitled *"Compensation"* is amended by deleting the figure $37,270 as it appears therein and by substituting in lieu thereof the figure $41,270. Said paragraph is also modified to provide that subsequent augmentation of your basic fee, based upon the percentage increases authorized U.S. Government employees in the annual Legislative Pay increases, will be individually authorized by contract amendment at appropriate times as requested and certified by the responsible Government official, provided however, that your total compensation under this paragraph does not exceed the equivalent of the salary rate paid at the top step of GS-15.All other terms and conditions of the contract, as amended, remain in full force and effect.CENTRAL INTELLIGENCE AGENCYBYSpecial Contracting OfficerACCEPTED:George Martin RosnekWITNESS:APPROVED:ADMINISTRATIVE - INTERNAL USE ONLY
[104-10291-10019.pdf — page 16]
Mr. Bruce A, BertotallyDear Mr. Bertotally:Reference is made to your contract with the United States Government, as represented by the Contracting Officer, effective 1 March 1970, as amended.Effective 3 October 1973 paragraph four (4) entitled "Compensation" is amended by deleting the figure $35,327 as it appears therein and by substituting in lieu thereof the figure $37,270.All other terms and conditions of the contract, as amended, remain in full force and effect.UNITED STATES GOVERNMENTBY /Contracting OfficerOfAdministrative - Internal Use On,RCB/SP10/12/78
[104-10291-10019.pdf — page 17]
# ADMINISTRATIVE-INTERNAL USE ONLYMr. George Martin RosnekDear Mr. Rosnek:Reference is made to your contract with the United States Government, as represented by the Central Intelligence Agency, effective 1 March 1970, as amended.Effective 9 October 1977 paragraph four (4) entitled "Compensation" is amended by deleting the figure $33,000 as it appears therein and by substituting in lieu thereof the figure $35,327. Said paragraph is also modified to provide that subsequent augmentation of your basic fee, based upon cost-of-living increases, will be individually authorized by contract amendment at appropriate times as requested and certified by the responsible Government official.All other terms and conditions of the contract, as amended, remain in full force and effect.CENTRAL INTELLIGENCE AGENCYBYSpecial Contracting OfficerACCEPTED:/S/George Martin Rosnek2 APR 78DateWITNESS:/S/2 APR 78DateAPPROVED:B. C3 APR 1978Date
[104-10291-10019.pdf — page 18]
Mr. George Martin RoanokDear Mr. RosneksReference is made to your contract with the United States Overnment, as represented by the Central Intelligence Agency, effective 1 March 1970, as amantel.Effective 16 February 1977 paragraph four (4) entitled "Compensation" is amended by authorizing you a one-time, lump suim taxable payment in the amount of $2,100.All other terms and conditions of the contract, as amendod, remain in full force and effect.CENTRAL INTELLIGENCE AGENCYBySpecial Contracting OffloarACCEPTED:/s/George Martin Rosnek2 apr 78DateWITNESS:/s/2 apr 78DateAPPROVED:B 243 APR1973Date
[104-10291-10019.pdf — page 19]
# ADMINISTRATIVE - INTERNAL USE ONLYMr. George Martin RosnekDear Mr. Rosnek:Reference is made to your contract with the United States Government, as represented by the Central Intelligence Agency, effective 1 March 1970, as amended.Effective 1 June 1977 paragraph five (5) entitled "Allowances, Travel, and other Expenses" is amended by expanding its scope to authorize the concurrent, voluntary, travel of your dependent wife, including the appropriate rate of per diem, when it is determined by the responsible Government official that such travel will support and best serve operational interests and objectives. The extent and destinations of such dependent travel will be as designated and defined by such official and, when in the course of such travel it is determined as a matter of operational necessity or as a matter essential to her health and well being that she remain at some particular place in the course of such travel while you continue on to specific geographical locations in fulfillment of operational mission, continuation of her per diem will be authorized for such periods. All monies advanced or reimbursed you hereunder by the Government and for the purposes herein indicated are determined to be additional income to you and as such considered to be taxable for Federal income tax purposes.It is also understood and agreed by all concerned, and is herein so confirmed, that this amendment is in no way intended or should be construed as obligating your dependent wife to accompany you on travel abroad, under the terms of this agreement. It is also understood and agreed that the U. S. Government neither infers or assumes any liability of whatsoever nature concerning her health and well being if she freely elects to undertake such travel.All other terms and conditions of the contract, as amended, remain in full force and effect.CENTRAL INTELLIGENCE AGENCYBYSpecial Contracting OfficerACCEPTED:151George Martin Rosnek2 Apr 78DateWITNESS:1512 apr 78DateAPPROVED:AFR1373Date
[104-10291-10019.pdf — page 20]
SECRETogc 78-06061-31-7530 January 1978Bertotally, Bruce A.MEMORANDUM FOR: Chief, Counterintelligence StaffVIA:Office of General Counsel, OSMLD, Attention: Mr. John RizzoFROM:Charles W. SandmanChief, Contract Personnel DivisionSUBJECT:Contract Amendment for Mr. George Martin RosnekREFERENCE:Memorandum from Chief, CI Staff, dated 20 December 19771. (S) Referenced memorandum pertained to a formal request to amend Subject's contract to provide authorization for specific operational expenses.2. (S) Paragraph five (S) of Subject's current contract, among other things, provided for "other expenses". It is our opinion that the intent here was to provide authorization for expenditures for "Operational" purposes. The language being general and non-restrictive in nature, it would follow that any expenditure deemed by you, as the operating activity, to be of an operational nature, and so authorized, would be within the framework of the authorization and that there would be no need to specifically identify and additionally authorize the item and/or its value. Accordingly no action is taken upon your request, it being presumed that you already have adequate contractual authority.Charles W. SandmanConcur:/s/ John A. RizzoOffice of General CounselDate:8 FEB 1978Distribution:Orig & 1 - Addressee1 - OGC/OSMLD2 - OP/CPD.SECRETE2 IMPDETCL BY: 063837
[104-10291-10019.pdf — page 21]
Mr. George Martin RosnekDear Mr. RosnekRef. is made to your contract with the U.S. Govt., as represented by the Central Intelligence Agency, effective 1 March 1970, as amended.Effective 26 Dec. 1973 paragraph five (5) entitled "Allowances, Travel and other Expenses" is amended by the deletion of the last sentence in its entirety and by substituting in lieu thereof the following:"If in the course of this contract you are directed to travel or are authorized to incur other expenses, reimbursement of such expenses will be made on a commuted rate basis, based on constructive cost, while in the in the Washington metropolitan area. This commuted rate sum will bot be reimbursed reduced by any operational entertainment, that may be provided to you."All other terms and conditions of the contract, as amended, remain in full force and effect.Signature.
[104-10291-10019.pdf — page 22]
# SECRET26CI 494-78MEMORANDUM FOR: Contract Personnel DivisionFROM: David H. BleeChief, Counterintelligence StaffTHROUGH: Chief, Career Management StaffManpower and Support Branch/ContractSUBJECT: Contract. Amendment forBruce A. BERTOTALLY1. Action Requested: It is requested that the contract   for Bruce A. BERTOTALLY, an Independent Contractor, be amended   by changing the last sentence of Paragraph S, Allowances,   Travel, and Other Expenses, to read as follows:-> "If, in the course of this contract, you are directed> to travel or are authorized to incur other expenses,> reimbursement of such expenses will be made on a> commuted rate basis, based on constructive cost, while> In the Washington metropolitan area. This commuted> rate sum will not be reduced by any operational> entertainment that may be provided to you."2. Background: Because of the current wording in   paragraph 5 of BERTOTALLY's contract, C/PCS/CSS/B&F believes   that a reduction in BERTOTALLY's commuted rate entitlement   must be made when operational entertainment (meals) are   provided him by his case officer. This interpretation is   based on the present wording in the contract stating that   reimbursement for expenses will be in "substantial accordance   with CIA regulations." Since under CIA regulations a re-   duction in per diem is effected when meals are provided by   the Government, C/PCS/CSS/B&F believes the language of the   contract should be amended to permit operational entertainment   (meals) to be provided to Subject without resultant deduction   in his commuted rate reimbursement3. All other terms and conditions of the contract   remain in full force and effectDavid H. BleeDavid H. BleeCONCUR:DERIVATIVE CL BY 063765DECL REVW ONDERIVED FROM 090.1C/CMSSECRET
[104-10291-10019.pdf — page 23]
Mrs Bruce A. BertotallyDear Mr. BertotallyRef. is made to your contract with the U.S. Govt., as represented by the Central Intelligence Agency, effective 1 March 1970, as amended, and with specific reference to the amendment effective 1 June 1977 pertaining to travel as authorized in paragraph five (5) entitled "Allowances, Travel and other Expenses." Effective 1 June 1977 the last sentence of said paragraph, the sense of which pertains to the imposition and the subjectivety of funds received under the contract to taxes, is deleted in its entirety.Effective 25 Jan. 1978 said K is further amended by expanding the scope of parazreja four (k), entitled "Compensation to provide for ther authorization of a one time lump sum payment in the amount of $140.All other terms and conditions of the contract, as amended, remain in full force and effect.
[104-10291-10019.pdf — page 24]
# EDITLONAL USE UNLIMr. Bruce A. BertotallyDear Hr. Bertotally:Reference is made to your contract with the United States Government, ad represented by the Contral Intelligence Acency, offective 1 March 1970, as emondod, with specific reference to the amendment offective 1 June 1977 pertaining to travel as authorized in paragraph five (3) entitled "Allowances, Travel and other Expenses." Effective 1 June 1977 the last sentence of said paragraph, the senso of which partains to the imposition and the subjectivety of funds received under the contract to taxes, is deleted in its entirety.Effective 25 January 1978 said contract is furthur amended by expanding tha soppopof paragraph four (4), entitled "Compensation" to provide for the authorization of a one-time, lump sum payment in the amount of $1,404.All other terms and conditions of the contract, as amended, remaم مل full force and offectCENTRAL INTELLIGENCE AGENCYSpecial Contracting OfficerCE - INTERNAL USE ONLYReBingo Ing.1-30-78