REVIEW OF FILES ON WERBELL, MITCHELL LIVINGSTON III.
Originator: CIA
From: LLOYD, WALTER, ASSOC. GEN. COUNSEL
To: DDO
Document date: 02/01/1977
Document type: PAPER - TEXTUAL DOCUMENT

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2022 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992

CONED SMAL

APPROVED FOR RELEASE 1993

CIA HISTORICAL REVIEW PROGRAM

OGC 77-0704

1 February 1977

MEMORANDUM FOR: Deputy Director for Operations

ATTENTION

FROM

SUBJECT

: Associate Deputy Director for Operations

: Walter T. Lloyd

Associate General Counsel

: Mitchell Livingston Werbell, III

1. As you are aware, on the instruction of United States

District Judge Peter Fay (Miami, Florida Division), incident to

the Drug Enforcement Administration's prosecution of Subject

for conspiracy to import and distribute multi-ton loads of

marijuana, the undersigned made a detailed review of the files

of this Agency concerning Subject in August 1976. This exami-

nation was to ascertain any data that ran to Werbell's guilt or

innocence of the offense charged and any other data reflecting the

nature of the relationship between Werbell and the U.S. Government.

This latter requirement was grounded on the Court's view that

Werbell's voluntary reporting to the Agency and any government

condonation of his activities might be exculpatory in the eyes of the

jury.

2. In response, we reviewed the files, identified Agency

contacts with Subject and prepared two affidavits: one regarding

non-employment by Mr. B. DeFelice and the second regarding

Werbell's relationship to the Agency by the undersigned. Copies

are attached. During the trial the first affidavit was shown to

counsel for Werbell by DEA counsel, Mr. Sam Sheres, at which

point defendant's counsel stipulated that Werbell was never a

formal employee of the Central Intelligence Agency. Sheres

subsequently returned the affidavits to the undersigned at the

conclusion of the trial.

EZ IMPDET

CL BY: 059605

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3. Regarding the relationship of Werbell to the Agency, as

approved by the Deputy Director, the undersigned appeared before

Judge Fay in his chambers on 31 August and under oath answered

questions of the Court concerning Werbell. A copy of the transcript

of that proceeding is attached. You will note that Judge Fay requested

that all pertinent government records be made available to the Court

for its inspection. Accordingly, copies of Agency files were reproduced,

culled for "Brady-type" documents, excised to protect sources and

methods under the "SWP case criteria" and reviewed and approved by

Assistant DD/O on the evening of I September. These processed

documents were then handcarried to Miami by the undersigned on

2 September.

4. The undersigned advised Judge Fay at 0830 hours on

2 September that I had in my possession copies of all of the Agency

files on Werbell, had culled them as to possible "Brady" documents

and was prepared to review them with the Judge at his convenience.

He was on the bench with a tight schedule and asked that the possible

Brady documents first be reviewed by Karen Atkinson, the principal

counsel for the prosecution. The undersigned subsequently briefed

Atkinson on the nature of data in the possible Brady documents. This

resulted in a significant reduction in the number of possibles. The

undersigned gave Atkinson copies of the four unclassified OGC

documents related to the DOD revocation of Werbell's security clearance

in 1971. In addition, Office of Security documents edited and approved

for release to Werbell under his Freedom of Information and Privacy

Act request (Tabs A and B of OS response), consisting of media

publications and security investigative data, were also provided

Atkinson. Due to counsel for Werbell raising an issue on Werbell's

use of a boat named "Venus" belonging to CIA, a declassified copy

of the OS short investigative report outlining data concerning Werbell's

use of the Venus to transport arms was also provided Atkinson. The

related OS Headquarters assignment document was not provided.

Related DDO documents on the ownership of Venus by the "JURE"

Cuban group were mentioned to Atkinson but not made available.

5. While the above documents were provided the Department of

Justice with the understanding they could be passed to Counsel for

Werbell due to subsequent events noted below, it is not certain that

this occurred. Specifically, the undersigned declined to release

additional "Brady" documents without consultation and instructions

CONFIRMAL

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from the Court. The requested meeting was put off by Judge Fay and

defendants subsequently rested their case. The DOJ had little else

to add and the case went to the jury about noon on 3 September. All

the remaining copies of Agency documents were returned to Headquarters

by the undersigned the evening of 3 September. On 4 September the

jury returned a verdict of "not guilty." As a result, the bulk of

"Brady-type" Agency documents on Werbell was not provided to

counsel for Werbell and Judge Fay reviewed no Agency documents:

It should be noted all copies of documents taken to Miami were excised

in accord with the "SWP case criteria" and on return to Headquarters,

these were destroyed by the undersigned.

6. As a related matter, on 16 November Mr. Arthur Egbert

of the Internal Security Division of the DEA contacted the undersigned

seeking background information on Werbell. The undersigned suggested

Egbert first review the files of the FBI on Werbell as most of the data

we have is contained in FBI reports. Should FBI data be insufficient

for his needs I suggested he seek access to our files in DDO and Office

of Security via the normal DEA Department of Justice liaison channels.

We Hagd

Walter T. Lloyd

Attachments:

(I) Affidavit - DeFelice

(2) Affidavit - Lloyd

(3) Transcript of Hearing of USDC for Southern District of Florida,

August 31, 1976.

cc: Jerry Brown, SAG/OS, w/o atts

Ed Montgomery, LD/SBCH/DDO, w/o atts

OGE/ WTI/ eh

Distribution:

Original - Addressee

X-OGC SUBJ: LITIGATION CRIMINAL - WerBell, Mitchell I., III

1 - WTL Signer

1 - Chrono

CONFIDENTIAL

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