United States v. Richard W. Miller

Richard W. Miller was convicted of bribery, conspiracy to commit espionage, copying national defense information and delivering it to a foreign government, and communicating confidential information to a foreign government with the intent to harm the United States or aid a foreign government in violation of 18 U.S.C. §§ 201 (c), 371, 793(b), 794(a) & (c); and 50 U.S.C. § 783 (b) (1982). The district court exercised jurisdiction pursuant to 18 U.S.C. § 3231 and we have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse Miller’s conviction and remand for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

The government charged Miller, an FBI agent assigned to the Soviet Foreign Counter-Intelligence (“FCI”) Unit in Los Angeles, with various offenses relating to the alleged delivery of documents to representatives of the Soviet Union. At trial, Miller contended that he never intended to harm the United States and that all his actions were taken to benefit the FBI.

Miller met codefendant Svetlana Ogorod-nikova (“Svetlana”) in 1984. Svetlana had emigrated from the Soviet Union in 1973 with her husband Nikolay, another code-fendant. She entertained Soviet officials in Los Angeles and…