Again and again, we read of situations where an individual accesses information for which they have no need to know. In this instance, Timothy Smith, a U.S. Navy civilian who was serving on the USNS Kilauea where his duties involved scraping and painting, managed to access classified information, steal it, and squirrel it away. He was caught, pleaded guilty, and on this day, December 22, 2000, was sentenced to 260 days in prison. Why only 260 days? The probation report noted Smith was suffering from mental health issues, and the court showed agreed with the probation office recommendations and showed compassion.
This case highlights a number of issues.
Mental Health
The U.S. District Court, Western District of Washington, took on board the probation report which recommended a sentence of time served and noted their opinion that Smith suffered from mental health issues. Perhaps today, 20-plus years later, the Navy is better positioned to recognize and provide treatment referrals to individuals needing mental health medical assistance, without any accompanying stigma.
Theft of U.S. Navy secrets
The question which did not percolate out into the public domain is how a civilian, hired to scrape and paint, manages to access classified information. Once acquired he did what others have done, successfully squirreled the classified information away. The insider risk management program in place wasn’t sufficient to detect Smith’s activities and his physical purloining of hard-copy classified documents went unnoticed, that is until April 2000 when he was accidentally detected with his hands in the first officer’s desk.
See something, do something, say something
The crew on board the USNS Kilauea stumbled upon Smith taking a computer disk out of the first officer’s desk drawer. A scuffle ensued and Smith was subdued. Smith’s quarters were searched, and his hoarding was revealed. In his quarters Smith had 17 classified disks and multiple classified documents.
The individual, through training and education appropriately diagnosed the situation, confronted Smith, and then went on to say something. This individual’s action served to neutralize the theft of classified information by Smith.
When interviewed by the FBI, Smith said that he “wanted to get back at the crew” for their mistreatment of him and stealing the classified information was his revenge, as “valuable classified materials” would enable him to turn his life around (not further identified.) Smith hadn’t thought his plan all the way through and when asked what he was going to do with the materials he posited how he might “go online and solicit buyers from terrorist groups.”
Prison Sentencing
Smith’s motivation is not unusual, revenge is a powerful motivator for an individual to break trust.
Smith pleaded guilty to one count of “stealing government property” and one count of “assaulting an officer.”
The U.S. Attorney’s office noted how initially espionage charges were filed, these were adjusted as their investigation showed that Smith was not a spy and that his plans to sell the documents were “fanciful and short-lived.” Smith’s public defender noted that Smith was a “mentally ill man who had a pretty significant drinking problem.” With a treatment plan being part of the sentencing, the court sentenced Smith, who had been arrested in April 2000, for 260 days imprisonment, including time served and three years’ probation, and directed him to a treatment program.
