RUTHFULLY YOURS

The 22-count indictment, handed up Friday in U.S. District in Albuquerque, N.M., named as defendants Pedro Leonardo Mascheroni, 75, a naturalized U.S. citizen from Argentina, and Marjorie Roxby Mascheroni, 67, a U.S. citizen, both of whom were arrested Friday morning by FBI agents. The indictment was announced by Assistant Attorney General David Kris, U.S. Attorney Kenneth J. Gonzales in New Mexico and Carol K.O. Lee, special agent in charge of the FBI’s Albuquerque division.

The indictment does not allege that the government of Venezuela or anyone acting on its behalf sought or was passed any classified information, nor does it charge any Venezuelan government officials or anyone acting on their behalf with wrongdoing. The indictment also does not charge anyone currently working at the Los Alamos National Laboratory with wrongdoing.

Federal prosecutors said Mr. Mascheroni, a physicist, worked as a scientist at LANL from 1979 to 1988 and held a security clearance that allowed him access to certain classified information, including “restricted data.” His wife worked at LANL between 1981 and 2010, where her duties included technical writing and editing. She also held a security clearance at LANL that allowed her access to certain classified information, including “restricted data.”

As defined under the Atomic Energy Act, “restricted data” is classified information concerning the design, manufacture or use of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy.

The indictment charges the Mascheronis with conspiring to communicate and communicating “restricted data” with the intent to injure the United States and secure an advantage to a foreign nation. They are also charged with conspiring to and attempting to participate in the development of an atomic weapon, as well as conspiring to convey and conveying classified “restricted data.”

The indictment also charges Mr. Mascheroni with concealing and retaining U.S. records with the intent to convert them to his own use and gain, as well as six counts of making false statements. Mrs. Mascheroni is also charged with seven counts of making false statements.

“The conduct alleged in this indictment is serious and should serve as a warning to anyone who would consider compromising our nation’s nuclear secrets for profit,” said Mr. Kris. “I applaud the many agents, analysts and prosecutors who worked tirelessly to bring about this prosecution.”

According to the indictment, Mr. Mascheroni had a series of conversations in March 2008 with an undercover FBI agent posing as a Venezuelan government official.   During these conversations, the indictment said Mr. Mascheroni discussed his program for developing nuclear weapons for Venezuela. It said that among other things, Mr. Mascheroni allegedly said he could help Venezuela develop a nuclear bomb within 10 years and that, under his program, Venezuela would use a secret, underground nuclear reactor to produce and enrich plutonium, and an open, above-ground reactor to produce nuclear energy.  During these talks, according to the indictment, Mr. Mascheroni allegedly asked about obtaining Venezuelan citizenship and described how he expected to be paid for his classified nuclear work for Venezuela. It said he also told the undercover agent he should be addressed as “Luke,” and that he would set up an e-mail account solely to communicate with the undercover agent.

The indictment said Mr. Mascheroni later used this account to communicate with the agent and to arrange for deliveries of materials at a “dead drop” location, which was a post office box.