Paul Whelan (security director)

Paul Nicholas Whelan (born March 5, 1970) is a Canadian-born former United States Marine with U.S., British, Irish, and Canadian citizenship.[2][3] He was arrested in Russia on December 28, 2018, and accused of spying. On June 15, 2020, he received a 16-year prison sentence.

Paul Whelan
U.S. Marine Corps portrait
Born
Paul Nicholas Whelan[1]

(1970-03-05) March 5, 1970
Ottawa, Ontario, Canada
Citizenship
  • Canada
  • Ireland
  • United Kingdom
  • United States
Detainment
CountryRussia
DetainedDecember 28, 2018
ConvictionEspionage
Charge16 years in prison
Time held4 years, 9 months and 28 days

Early life

Whelan was born on March 5, 1970,[4] in Ottawa, Ontario, Canada,[5] to British parents with Irish heritage.[3][6]

Career

According to a deposition Whelan gave in 2013, he was in law enforcement from 1988 to 2000 as a police officer in Chelsea, Michigan, and a sheriff's deputy in Washtenaw County.[7] The Chelsea Police, however, said he worked in lesser roles and as a part-time officer from 1990 to 1996, while the Washtenaw County sheriff reported no record of his employment.[7] A former colleague said he was a patrol officer from 1998 to 2000 in the Keego Harbor police department.[7]

He was an IT manager for the Kelly Services staffing company from 2001[8] to 2003, and then 2008 to 2010. From 2010 to 2016 Whelan was Kelly Services' senior manager of global security and operations.[8]

He enlisted in the Marine Corps Reserve in 1994.[7] He took military leave from Kelly Services to serve with the Marine Corps Reserve from 2003 to 2008, including service in Iraq. He held the rank of staff sergeant with Marine Air Control Group 38 working as an administrative clerk and administrative chief, and he was part of Operation Iraqi Freedom.[8] After a court-martial conviction in January 2008 on multiple counts "related to larceny", he was sentenced to 60 days restriction, reduction to pay grade E-4, and a bad conduct discharge.[9][10] The specific charges against him included "attempted larceny, three specifications of dereliction of duty, making a false official statement, wrongfully using another's social security number, and ten specifications of making and uttering[lower-alpha 1] checks without having sufficient funds in his account for payment."[12]

When arrested in Russia, Whelan was director of global security and investigations for BorgWarner, an international automotive parts manufacturer based in Michigan.[8] His work with Kelly Services and BorgWarner gave Whelan contacts with the U.S. intelligence community, federal agents and foreign embassies.[13]

Whelan traveled to Russia several times from 2006 and maintained an intermittent presence on a Russian language social media website, VKontakte (VK), where he had approximately 70 contacts. He has studied Russian but communicated online using Google Translate.[3][14] He said in a deposition in 2013 that he holds a bachelor's degree in criminal justice and an MBA degree.[15] He took courses at Northern Michigan University from fall 1988 to fall 1990 without earning a degree.[14]

Arrest in Russia

On December 28, 2018, Whelan was arrested in the Moscow area by Russia's Federal Security Service (FSB), which later confirmed his arrest.[16][17][18] Whelan's twin brother David said Whelan arrived in Moscow on December 22 to attend the wedding of a former fellow Marine at the Hotel Metropol Moscow and to assist the groom's family members on their first visit to Russia, a country he had visited many times. He said his brother planned to return to Michigan on January 6, 2019, via Saint Petersburg.[19] David said his brother entered Russia using his U.S. passport[4] and had not been in contact with his family.[20]

The BBC cited family members of Whelan, who said Whelan previously bragged about knowing an agent of the FSB, and was privy to an unusual cache of personal details about his friend, including which intelligence training school he attended (biographical information typically reserved for a very close circle).[21] Whelan said the man was one of his oldest friends in Russia and that he had visited this man's house the winter before his arrest. Whelan also said he loaned his friend 80,000 Russian rubles ($1,147; £930) for the wedding. The FSB would later claim the payment was for intelligence.[22]

According to Whelan, his long-time friend framed him by appearing unexpectedly in the hotel, followed by authorities, who later arrested him.[23] According to attorneys for Whelan, they could not provide the name of Whelan's Russian friend due to Russian secrecy rules, but Whelan's family identified the person as Ilya Yatsenko, whom the Russian newspaper Kommersant described as a major in the FSB's Department "K", which monitors Russian economic crimes.[24]

Brother's defamation claims against Wikipedia

One Russian-language source, MBK News, an outlet run by Mikhail Khodorkovsky, gives a very different account from the BBC and from Whelan's family. This source claims Whelan had "$80,000" in cash - as opposed to 80,000 rubles, worth about a thousand US dollars - "temporarily confiscated" during a customs inspection at Domodedovo Airport.[25] There does not appear to be any source other than this single Russian-language one claiming Whelan had $80,000 as opposed to 80,000 rubles (and may be due to a confusion of currencies).

According to Whelan's brother David, this report in MBK is a defamatory lie. In an interview with the Ann Arbor Observer, David described MBK as a "horribly unreliable Russian news source" which falsely reported the 80,000 rubles as dollars. He stated: "Paul had gotten some money out to pay for the wedding caterer, since the groom, Paul's Marine friend, had not realized he'd have to pay cash for the restaurant."[26]

David Whelan said he has repeatedly "corrected the Wikipedia page, only to see the error [...] restored." According to David, such "repetition without verification or corroboration" is another "grotesque aspect of all this. Paul is unable to respond to these misstatements—lies?—and by the time he is freed, they will be widely accepted by people who care less for the truth than they do for 'winning' online, whether in a social media brawl or by creating clicks on their media platform. Paul will never be able to undo the damage."[26]

Whelan charged

Whelan was formally charged on January 3, 2019.[20] According to the Russian news agency Rosbalt, Whelan was apprehended in his hotel room at the Metropol Hotel while concluding a long outing with a Russian citizen, who handed him a USB drive containing "a list of all the employees at a classified security agency". The independent Latvian-based publication Meduza reported that the wedding attendees all banded close together for the duration of the holiday, and were taken aback by Whelan's decision to spend the day alone.[27]

Whelan is being held in Moscow's Lefortovo Prison.[14][lower-alpha 2] As of March 2019, he shared a cell with another prisoner who spoke no English.[29]

Former CIA officers have stated that the CIA would not recruit an officer with Whelan's military record, nor leave an officer exposed without a diplomatic passport.[14] They further claim that Whelan's arrest is connected to tensions between Russia and the United States, including the detention of confessed unregistered foreign agent Maria Butina.[30][31] On December 20, 2018, when discussing Butina's arrest, Russian President Vladimir Putin stated that Russia "will not arrest innocent people simply to exchange them".[1]

U.S. Ambassador to Russia Jon Huntsman Jr. met with Whelan on January 2, 2019, while Whelan was in Russian custody.[32] He told Whelan's family that Paul was "in good health and good spirits", but that the family needed to supply all his incidental needs aside from basic foodstuffs.[4][lower-alpha 3] U.S. Secretary of State Mike Pompeo said: "We've made clear to the Russians our expectation that we will learn more about the charges, come to understand what it is he's been accused of and if the detention is not appropriate, we will demand his immediate return."[33] On January 4, 2019, British Foreign Secretary Jeremy Hunt said: "We don't agree with individuals being used in diplomatic chess games... We are all extremely worried about him and his family."[20] As of January 4, British and Irish consular officials were seeking access to Whelan.[34]

On January 3, 2019, Whelan's attorney, Vladimir Zherebenko,[lower-alpha 4] said he was seeking his release on bail. He said a trial would not begin for at least six months, and that he would welcome an exchange of Whelan for Butina.[36] He said: "I presume that he is innocent because, for now, I haven't seen any evidence against him that would prove otherwise."[14] A few weeks later, Zherebenkov said Whelan had been unaware of the contents of the USB drive and believed it contained material solely of personal value such as "photographs, videos, anything at all, about his previous holiday in Russia."[37]

On January 5, 2019, the Russian Foreign Ministry said that on the day after Whelan's arrest the United States had detained a Russian citizen, Dmitry Makarenko, in the Northern Marianas and transported him to Florida to face charges of unauthorized export of defense equipment.[38][lower-alpha 5]

Conviction and sentencing

On June 15, 2020, Whelan was convicted and sentenced to 16 years in a Russian prison for espionage by a court in Moscow.[39][40] His lawyers said they believed Russia would now seek a prisoner swap. Whelan said in court that the case was a sham to use him to influence the United States: "We have proven my innocence... we have proven fabrication. This is slimy, greasy corrupt Russian politics, nothing more, nothing less."[24][41]

Whelan was initially held at the Correctional Colony No. 18 under supervision of the Russian Federation's Federal Penitentiary Service.[42] As of December 2020 he was held in a high-security prison, IK-17, eight hours drive southeast of Moscow.[43]

Campaign to release

Family members said Whelan had been told that he had been arrested to be exchanged for a Russian prisoner in the United States, mentioning Konstantin Yaroshenko (who was released in return for American Trevor Reed), Viktor Bout, or Roman Seleznev.[44] On July 27, 2022, it was announced that President Joe Biden had offered a trade for Whelan and WNBA player Brittney Griner, who was arrested in Russia in February on drug charges, in exchange for convicted arms dealer Viktor Bout, nicknamed "The Merchant of Death".[45] The Russian side insisted on the additional release of Vadim Krasikov, an assassin serving a life sentence for murder in Germany.[46] After negotiations, only Griner was exchanged for Bout on December 8, 2022, as the Kremlin had refused to release Whelan and posed an ultimatum to the Biden administration of freeing Griner or no one.[47]

Whelan's brother David Whelan approved of the decision to "make the deal that was possible, rather than waiting for one that wasn't going to happen."[48]

On May 4, 2023, U.S. Ambassador to Russia Lynne Tracy visited Whelan in the remote Russian penal colony where he is held.[49] On August 16, 2023, Secretary of State Antony Blinken spoke with Whelan on the phone and told him to “keep the faith and we’re doing everything we can to bring you home as soon as possible."[50]

Personal life

Whelan is a citizen of Canada, the United States, the United Kingdom, and Ireland.[51][52] His twin brother David ascribed Paul's acquisition of the multiple nationalities to "probably a genealogical interest as much as anything."[4][lower-alpha 6]

Whelan was born in Ottawa, Ontario, Canada, and raised partly in the Ann Arbor area of Michigan where he and his twin brother David graduated from Huron High School in 1988.[19] David said the family had not known Paul had a bad conduct discharge.[4] In addition to his twin brother, Paul Whelan has a brother, Andrew, and a sister, Elizabeth.[4]

Whelan lived in Novi, Michigan, prior to detainment in Russia.[53]

See also

Notes
  1. The word "uttering" is a legal term that refers to the crime of "unlawfully passing a forged document with intent to defraud".[11]
  2. Though he has been described as being held in "solitary confinement",[14] the prison's program for new prisoners is more complex than simple isolation and changes after the first ten days.[28]
  3. "But even with food, we were told that we might want to give him extra money. He'll need to buy things like razors, toilet paper, soap, things that would be on-hand anywhere else."[4]
  4. Zherebenko has worked on the high-profile international case of a Russian accused of drug trafficking.[35]
  5. Florida resident Vladimir Nevidomy pleaded guilty in June 2018 to conspiracy with Makarenko and was sentenced to 26 months in prison.[38]
  6. "My grandfather came from Ireland to England and my father came from England to Canada, and that's where we were born. So we were eligible for British and Canadian citizenship because we were born in Canada to British parents. And then, the Irish changed the law in the early part of the century to allow grandchildren of Irish citizens to get Irish citizenship. So he just thought it's an opportunity to have that, so why not?"[4][34]

References
  1. Macfahrquhar, Neil (December 31, 2018). "U.S. citizen arrested in Russia on spying charges". The Globe and Mail. New York Times News Service. Retrieved January 3, 2019.
  2. Stewart, Ian (January 5, 2019). "As American Sits In Moscow Jail, Russia Says U.S. Has Detained One Of Its Citizens". NPR. Retrieved January 5, 2019.
  3. Rainsford, Sarah (June 20, 2020). "Paul Whelan: the strange case of the ex-marine jailed for spying in Russia". BBC. Retrieved June 21, 2020.
  4. Whelan, David (January 7, 2019). "Paul Whelan's twin opens up about Russia spy allegations, citizenship". Detroit Free Press (Interview). Interviewed by Kristen Jordan Shamus. Retrieved January 11, 2019.
  5. "U.S. ambassador meets with Ottawa-born man arrested in Russia on spying charges". CBC News. January 2, 2019. Retrieved January 4, 2019.
  6. Bacon, John (January 1, 2019). "American Paul Whelan was in Russia for wedding, not to spy, family says". USA Today. Retrieved January 1, 2019.
  7. Harris, Shane; Sonne, Paul; Ferris-Rotman, Amie (January 3, 2019). "American charged with espionage in Russia has an unlikely background for a spy". The Washington Post. Retrieved January 6, 2019.
  8. Rawnsley, Adam; Woodruff, Betsy; Poulsen, Kevin (January 1, 2019). "Meet Putin's American Prisoner, Paul Whelan". The Daily Beast. Retrieved January 3, 2019.
  9. Shamus, Kristen Jordan (January 2, 2019). "Accused spy Paul Whelan was discharged from Marines for bad conduct". Detroit Free Press. Retrieved January 3, 2019.
  10. "U.S. v. Whelan, Docket #200800152" (PDF). The United States Navy Judge Advocate General's Corps (U.S. Navy JAG). Navy-Marine Corps Court of Criminal Appeals (NMCCA). August 26, 2008. Retrieved December 4, 2019. He was sentenced to 60 days restriction, reduction to pay grade E-4, and, a bad-conduct discharge.
  11. Carlan, Philip; Nored, Lisa S.; Downey, Ragan A. (2015). A Brief Introduction to Criminal Law. Jones & Bartlett Learning. p. 60. ISBN 978-1-284-05611-2. Retrieved December 12, 2022.
  12. "U.S. v. Whelan, Docket #200800152" (PDF). The United States Navy Judge Advocate General's Corps (U.S. Navy JAG). Navy-Marine Corps Court of Criminal Appeals (NMCCA). August 26, 2008. Retrieved December 4, 2019.
  13. Hunter, George (January 2, 2019). "New details emerge about Novi resident accused of spying in Russia". Detroit News. Retrieved December 9, 2022.
  14. Barnes, Julian E.; MacFahrquhar, Neil (January 3, 2019). "Spy or Not? American Who Loves Russia Ensnared in New Cold War". The New York Times. Retrieved January 4, 2019.
  15. "Exhibit 4: Deposition of Paul Nicholas Whelan" (PDF). Kingpin.cc. United States District Court for the Eastern District of Michigan. January 18, 2013. p. 16. Retrieved January 22, 2019.
  16. Maza, Cristina (December 31, 2018). "American Paul Whelan arrested in Russia on spy charges as potential retribution for Maria Butina". Newsweek. Retrieved January 1, 2019.
  17. Fieldstadt, Elisha (January 1, 2019). "Brother of American arrested in Russia on spy charges says he was there for a wedding". NBC News.
  18. Berry, Lynn (January 1, 2019). "American arrested in Russia on spying charges was there for a wedding". The Globe and Mail. Associated Press. Retrieved January 1, 2019.
  19. Shamus, Kristen Jordan (January 2, 2019). "Twin brother of Novi man accused of spying in Russia: He's innocent". Detroit Free Press. Retrieved January 3, 2019.
  20. Spocchia, Gino (January 4, 2019). "Jeremy Hunt warns Russia not to play 'diplomatic chess games' over British man arrested for spying". The Daily Telegraph. Retrieved January 4, 2019.
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  22. Rainsford, Sarah (June 21, 2020). "The curious case of the ex-marine jailed for spying". BBC News. Retrieved July 25, 2020.
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  24. Reevell, Patrick (June 15, 2020). "Ex-U.S. Marine Paul Whelan sentenced to 16 years jail in Russia". ABC News. Retrieved December 11, 2022.
  25. "Суд приговорил американца Пола Уилана к 16 годам колонии по делу о шпионаже". mbk-news.appspot.com (in Russian). June 15, 2020. Retrieved June 30, 2020.
  26. Schlain, Jan (January 5, 2023). "Dashed Hopes". Ann Arbor Observer.
  27. "Кто такой Пол Уилан – американец, осужденный в России за шпионаж". meduza.io. January 1, 2019. Retrieved June 30, 2020.
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  30. Rawnsley, Adam; Woodruff, Betsy; Dozier, Kimberly (December 31, 2018). "Russia's Arrest of Paul Whelan Is Payback for Maria Butina, CIA Veterans Say". The Daily Beast. Retrieved January 1, 2019.
  31. Pierce, Charles P. (December 31, 2018). "The President* Is So Hopelessly Compromised". Esquire. Retrieved January 1, 2019.
  32. Chalfant, Morgan (January 2, 2019). "Ambassador Huntsman visits American detained in Moscow". The Hill. Retrieved January 3, 2019.
  33. Morello, Carol; Ferris-Rotman, Amie (January 2, 2019). "Russia allows U.S. ambassador to meet with detained American". The Washington Post. Retrieved January 4, 2019.
  34. Sonne, Paul; Ferris-Rotman, Amie; Harris, Shane (January 4, 2019). "American detained by Russia was convicted of trying to steal thousands of dollars while deployed to Iraq as a Marine". The Washington Post. Retrieved January 4, 2019.
  35. "Señor K: Russia and Argentina split over mysterious drug smuggling case". The Guardian. March 3, 2018. Retrieved January 3, 2019.
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  37. Bennetts, Marc (January 22, 2019). "US spy suspect found with Russian 'state secrets', lawyer says". The Times. Retrieved January 22, 2019. (subscription required)
  38. Metzel, Mikhail (January 5, 2018). "Moscow Accuses Washington of Detaining Russian Citizen After Whelan's Arrest". The Moscow Times. TASS. Retrieved January 8, 2018.
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  40. Khurshudyan, Isabelle (June 15, 2020). "American Paul Whelan convicted of spying by Russia, gets 16 years in prison". The Washington Post. Retrieved June 15, 2020.
  41. Ilyushina, Mary; Hansler, Jennifer (June 15, 2020). "Russian court sentences US citizen Paul Whelan to 16 years in prison". CNN. Retrieved June 15, 2020.
  42. Norman, Greg (August 7, 2020). "American Paul Whelan arrives at Russian penal colony after espionage conviction". Fox News. Retrieved August 8, 2020.
  43. Rainsford, Sarah (December 22, 2020). "Paul Whelan: Grim life of US 'spy' in Russian labour camp". BBC News. Retrieved December 22, 2020.
  44. Schmitz, Rob; Macias, Miguel; Isackson, Amy (April 28, 2022). "Trevor Reed came back home, but Paul Whelan is still imprisoned in Russia". NPR.
  45. Atwood, Kylie; Perez, Evan; Hansler, Jennifer (July 27, 2022). "CNN Exclusive: Biden administration offers convicted Russian arms dealer in exchange for Griner, Whelan". CNN. Archived from the original on December 8, 2022. Retrieved July 28, 2022.
  46. Liptak, Kevin; Mattingly, Phil (December 9, 2022). "In freeing Griner, Biden faced resistance abroad and at home". Washington Post. Retrieved December 9, 2022.
  47. Liptak, Kevin; Mattingly, Phil (December 9, 2022). "Inside Biden's agonizing decision to take a deal that freed Brittney Griner but left Paul Whelan in Russia". CNN. Retrieved December 9, 2022.
  48. Bigg, Matthew Mpoke; Hopkins, Valerie (December 8, 2022). "Griner's release puts a spotlight on Paul Whelan, another American imprisoned in Russia". The New York Times. ISSN 0362-4331. Retrieved December 8, 2022.
  49. Hansler, Jennifer (May 4, 2023). "US ambassador to Russia visits Paul Whelan in prison | CNN Politics". CNN. Retrieved May 5, 2023.
  50. Hansler, Jennifer; Atwood, Kylie; Tausche, Kayla. "Exclusive: Blinken speaks by phone with Paul Whelan, who is wrongfully detained in Russia". CNN. Retrieved August 17, 2023.
  51. Rawlinson, Kevin (January 3, 2019). "Ex-US marine accused of spying in Russia is British citizen". The Guardian. Retrieved January 4, 2019.
  52. Ó Mongáin, Colm (January 4, 2019). "US citizen held in Moscow seeks Irish consular aid". Raidió Teilifís Éireann. Retrieved January 4, 2019.
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