MAY 1, 2016 — Michael Vannak Khem Misiewicz, 49, a U.S. Navy Captain Select, was sentenced Friday to 78 months in prison — the heaviest sentence thus far handed down in relation to the scandal known in Navy circles as "the Fat Leonard affair" in a reference to Leonard Glenn Francis, CEO and owner of Singapore-based Glenn Defense Marine Asia (GDMA).
Misiewicz admitted that he accepted cash, gifts, travel expenses, entertainment and the services of prostitutes from GDMA in exchange for classified U.S. Navy information.
He was sentenced by U.S. District Judge Janis L. Sammartino of the Southern District of California on one count of conspiracy and one count of bribery. In addition, to the prison term he was ordered to pay a fine in the amount of $100,000 and to forfeit $95,000 in proceeds from the scheme.
According to admissions in his plea agreement, from January 2011 until September 2013, Misiewicz provided classified U.S. Navy ship schedules and other sensitive U.S. Navy information to the defense contractor Leonard Glenn Francis, CEO and owner of Singapore-based GDMA, which provided port services to U.S. Navy vessels at ports throughout the Pacific.
Misiewicz admitted that when he was stationed in Japan, on the USS Mustin and in Colorado Springs, CO, he used his position and influence within the U.S. Navy to advance the interests of GDMA, including by providing Francis with classified ship schedules and other proprietary U.S. Navy information. In return, Misiewicz admitted that Francis gave him cash, paid for luxury travel on at least eight occasions for Misiewicz and his family, provided his wife with a designer handbag and provided Misiewicz with the services of prostitutes on multiple occasions.
Throughout the conspiracy, Misiewicz admitted that he and his conspirators took steps to avoid detection by law enforcement by, among other means, using clandestine email accounts, which they periodically deleted.
According to documents filed in the case, Francis and Misiewicz sent multiple e-mails to each other, with Francis calling himself "Big Brother," "Big Bro," or "Bro," and Misiewicz calling himself "Little Brother," "Little Bro," or "LB." Misiewicz also created a personal e-mail account to communicate with Francis. In one e-mail, Misiewicz accidentally cc'd Francis on an official Navy e-mail. Francis responded "Brother you must have copied me by mistake on your internal e-mails. I don't think they noticed. Stay calm we are ok. Just remove me in the next e-mail as my name is clustered with the rest. Be cautious with e-mails. Take care, Bro."
To date, ten individuals have been charged in connection with this scheme. Nine have pleaded guilty, including Misiewicz, U.S. Navy Capt. Daniel Dusek, Lieutenant Commander Todd Malaki, NCIS Special Agent John Beliveau, Commander Jose Luis Sanchez and U.S. Navy Petty Officer First Class Dan Layug. Former Department of Defense civilian employee Paul Simpkins awaits trial.
On Jan. 21, 2016, Layug was sentenced to 27 months in prison and a $15,000 fine; on Jan. 29, 2016, Malaki was sentenced to 40 months in prison and to pay $15,000 in restitution to the Navy and a $15,000 fine; on March 18, 2016, Alex Wisidagama, a former GDMA employee, was sentenced to 63 months and $34.8 million in restitution to the Navy; and on March 25, 2016, Dusek was sentenced to 46 months in prison and to pay $30,000 in restitution to the Navy and a $70,000 fine; the others await sentencing.Francis, a Malaysian national, was arrested in September 2013 and remains in U.S. custody.
On January 15, 2015, Francis, 50, pleaded guilty to all charges against him.He faces a maximum prison sentence of 25 years and agreed to forfeit $35 million in personal assets.