San Fernando Valley Man Who Plotted the Bombing of Long Beach Rally Sentenced to 25 Years in Federal Prison
LOS ANGELES – Federal authorities this morning arrested four defendants across the country on charges alleging a civilian employee of the United States Navy downloaded technical drawings and manuals related to U.S. military weapons systems and sold the items to a Newport Beach company, which later resold the documents to domestic and foreign customers.
The arrests were made pursuant to a criminal complaint filed in United States District Court in Los Angeles that charges all four defendants with theft of government property. The affidavit in support of the complaint alleges that the thefts have been occurring since at least 2012, and possibly since 2008.
The four defendants arrested this morning are:
All four defendants are expected to make initial appearances in federal court in the districts in which they were arrested. For example, Posey and Mirabal are expected to appear this afternoon in United States District Court in Santa Ana.
The investigation started when military investigators began looking at Fitting in relation to claims that he “was interfering with the quality assurance process for aircraft canopies intended for use in U.S. military aircraft,” according to the affidavit. The agents with the Defense Criminal Investigative Service (DCIS) and the Naval Criminal Investigative Service (NCIS) discovered two dozen emails from Fitting’s Navy email account to Erice’s Gmail account, all of which contained government-controlled technical drawings or manuals related to various military weapons systems, including aircraft.
“[S]ome of those drawings and manuals were specifically labeled with International Traffic in Arms Regulations (ITAR) distribution warnings related to export control and destruction, as well as DOD contractor proprietary markings,” the affidavit alleges.
Investigators have concluded that Fitting also had access to Erice’s Gmail account, which allowed both of them to sell the documents and drawings to NASC. “[B]etween September 21, 2012, and June 20, 2019, Fitting and Erice together unlawfully sold NASC at least 5,000 government-controlled technical manuals and drawings,” according to the affidavit.
Over the same nearly seven-year period, NASC issued Erice 150 checks totaling $509,845, but the two shared the proceeds of the sales, as evidenced by Fitting having access to one of Erice’s bank accounts and Erice being an authorized user on one of Fitting’s credit cards, according to the affidavit. Furthermore, the affidavit contains a lengthy email from Erice to Fitting obtained pursuant to a search warrant that outlines how Fitting was entitled to 75 percent of the proceeds, with the balance going to Erice.
The affidavit outlines how Fitting and Erice obtained documents and sold them to NASC, sometimes obtaining specific documents at the request of NASC. “In one such instance, on December 8, 2018, at the request of Mirabal, Fitting accessed and downloaded a government-controlled technical drawing for a military landing craft air cushion that he and ERICE sold to NASC, along with at least 16 other government-controlled technical drawings and/or manuals, for $5,025,” the affidavit states. “Knowing the drawing was unlawfully procured outside of official government channels, Posey paid Erice for the drawing,” which NASC sold to a customer.
The affidavit notes that Fitting was allowed to access military computer systems after promising to safeguard controlled data. The affidavit also notes that Posey and Mirabal “are aware of the appropriate processes to procure government-controlled technical manuals and drawings and, as a result, they know that the acquisition of such manuals and drawings from Erice and/or Fitting is unlawful.”
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The felony offense of theft of government property carries a statutory maximum sentence of 10 years in federal prison.
This case is being investigated by DCIS; NCIS; Homeland Security Investigations; and the Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement. These agencies received assistance from the U.S. Air Force’s Office of Special Investigations and U.S. Army’s Criminal Investigation Command.
This case is being prosecuted by Assistant United States Attorney Keith Ellison of the International Narcotics, Money Laundering, and Racketeering Section.
Director of Media Relations
United States Attorney’s Office
Central District of California (Los Angeles)