'FBI undertook a "false-flag operation" with respect to Defendant'

"...On or about September 21, 2012, the Federal Bureau of Investigation (FBI) undertook a "false-flag operation" with respect to Defendant. Supervisory Special Agent Stephen Laycock, of the FBI's Counterintelligence Engines Program, explained that a false-flag operation is an undercover operation where an intelligence service assumes the identity of a foreign intelligence service. In Defendant's case, the FBI assumed the identity of the Russian Federation's intelligence service in order to determine whether Defendant had been cooperating, or was willing to cooperate, with foreign intelligence operatives.

On or about September 21, 2012, a second female undercover agent approached Defendant's home in Virginia Beach, VA. That undercover agent, who testified at trial under the pseudonym of "Olga Doe," approached Defendant's home at approximately 8:20 A.M. Eastern Standard Time. The Agent's approach to the home, and interaction with Defendant, was subject to video and audio recording by the FBI. The video recording of that interaction was played at trial. See Gov.'s Trial Ex. 15A (videotape of September 21, 2012 package delivery to Defendant by FBI); Gov.'s Trial Ex. 15B (transcript of September 21, 2012 package delivery to Defendant by FBI).

After Ms. Doe rang the doorbell multiple times, Defendant opened the door. The undercover Agent announced that she was looking for "Robert," and after Defendant affirmed his identity, the Agent stated that she was there to deliver something to him on behalf of a "friend" in Moscow, Russia. The undercover FBI Agent handed Defendant the package and stated "just read it, umm ... follow the directions, and I might be seeing you again." Gov.'s Trial Ex. 15B, at 3. The interaction concluded at approximately 8:29 A.M..."

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