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104-10105-10160 JFK Assassination Records Archives 1 (2/1/1977)

handle is hein.jfk/jfkarch38437 and id is 1 raw text is: 104i1105-10160






                                         1993 OGC 77-0704
                   ppROD        a      P1 February 1977




                   MEMORANDUM   FOR:  Deputy Director for Operations

                   ATTENTION        : Associate Deputy Director for Operations

                   FROM             : Walter T. Lloyd
                                      Associate General Counsel

                  SUBJECT           : Mitchell Livingston Werbell, III
                                                        1


                        1. As you are aware, on the instruction of United States
                  District Judge Peter Fay (Miami, Florida Division), incident to
                  the Drug Enforcement Administration's prosecution of Subject
                  for conspiracy to import and distribute multi-ton loads of
                  marijuana, the undersigned made a detailed review of the files
                  of this Agency concerning Subject in August 1976. This exami-
                  nation was to ascertain any data that ran to Werbell's guilt or
                  innocence of the offense charged and any other data reflecting the
                  nature of the relationship between Werbell and the U.S. Government.
                  This latter requirement was grounded on the Court's view that
                  Werbell's voluntary reporting to the Agency and any government
                  condonation of his activities might be exculpatory in the eyes of the
                  jury-

                        2. In response, we reviewed the files, identified Agency
                  corltacts with Subject and prepared two affidavits: one regarding
                  non-employment  by Mr. B. DeFelice and the second regarding
                  Werbell' s relationship to the Agency by the undersigned. Copies
                  are attached. During the trial the first affidavit was shown to
                  counsel for Werbell by DEA counsel, Mr. Sam Sheres, at which
                  point defendant's counsel stipulated that-Werbell was never a
                  formal employee of the Central Intelligence Agency. Sheres
                  subsequently returned the affidavits to the undersigned at the
                  conclusion of the trial.




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                                                     S    '               CL BY:  059605

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