Leung

ORDER GRANTING DEFENDANT’S MOTÍON TO DISMISS

Defendant moves to dismiss the criminal charges against her on the grounds of prosecutorial misconduct. The Court has read and considered the parties’ briefs and evidentiary submissions, together with documents submitted to the Court in camera in response to Defendant’s subpoena.

Procedural Background

Defendant, Katrina Leung, has been indicted and charged with crimes in connection with her activities as an asset for the FBI. Also arrested and charged, in a separate proceeding, was Special FBI Agent, James J. Smith, who had been Ms. Leung’s handler. Smith and Leung and their attorneys entered into a joint defense agreement.

In May 2004, Smith entered into a plea agreement with the United States. One of the provisions in that plea agreement has generated the instant motion. Smith, who had been facing five serious felony charges, was allowed to plead to a substantially reduced single charge of making a false statement to a federal agency, and face probation, in exchange for his agreement to cooperate with the government.

Plea Agreement

In addition to his obligation to cooperate with and assist the government, Smith agreed, at…