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104-10105-10160 JFK Assassination Records Archives 1 (02/01/1977)

handle is hein.jfk/jfkarch72042 and id is 1 raw text is: 104-10105-10160


2022 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992






                                              OGC  77-0704

               pp4 R 1    RG                  1 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. 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
    coratacts 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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