Former Kazakhstan Consultant Cannot Examine CIA Documents

Posted by: Steve LeVine on June 17

The latest from the federal courtroom hosting the foreign bribery case of uber-middleman James Giffen is that only his lawyers can examine files disgorged from the Central Intelligence Agency. Unless the CIA grants specific permission for a requested document, Giffen himself cannot look at the classified material.

That’s from a decision issued by federal Judge William Pauley in New York. The ruling was handed down June 5th, but I haven’t seen it published anywhere. At the time of Giffen’s 2003 arrest, it was the biggest U.S. foreign bribery case since the law was enacted in 1977.

The 68-year-old Giffen has a long history of business in the Soviet Union and then Kazakhstan. Starting in 1969, he stood as a middleman in deals between American businesses and Soviet enterprises. In 1987, he introduced Chevron to Mikhail Gorbachev, leading to the company's eventual acquisition of the supergiant Tengiz field in Kazakhstan, its single-biggest oil property. After the Soviet collapse, he cozied up to Kazakhstan leader Nursultan Nazarbayev, becoming his main oil adviser and, for a time during the late 1990s, the go-to middleman for any major oil deal in the Central Asian country.

Six years ago, that world came tumbling down when Giffen was arrested at JFK. The charges are that, as Nazarbayev's consultant, he channeled some $80 million in payments from American oil companies to European bank accounts held by the Kazakh president and other leading Kazakhs.

As discussed last month, the CIA documents represent Giffen's last line of defense. He claims that the entire time he was working with Nazarbayev, he was also briefing U.S. intelligence agencies. As effectively a U.S. intelligence asset, Giffen says, he believed his actions were approved by the U.S. But to prove his case, he argued that he required access to classified documents.

The case has been stalled until now over the documents -- most of the time, the CIA simply refused to cooperate with the prosecution; now it is cooperating, but it doesn't want Giffen himself to have automatic access to the classified documents.

In April, Judge Pauley sided with the CIA's position, as channeled through the prosecution. Giffen's lawyers asked him to reconsider; the argument went that Giffen himself might notice aspects of the documents that his lawyers wouldn't.

Pauley ruled against Giffen. The next hearing is Sept. 23d. William Schwartz, Giffen's lawyer, declines to comment.