Richard Miller (agent)

Richard Miller
Born	Richard William Miller 1936 (1936) Wilmington, California, U.S.
Died	October 16, 2013(2013-10-16) (aged 76–77) Utah, U.S.
Education	Brigham Young University
Occupation(s)	Agent, Federal Bureau of Investigation
Years active	1963–1984
Known for	First FBI agent indicted and convicted of espionage

Richard William Miller (1936 – October 16, 2013) was an American FBI agent who was the first FBI agent indicted for and convicted of espionage. In 1991, he was sentenced to 20 years in prison but was freed after serving fewer than three years.

Personal life

Richard William Miller was born in Wilmington, California in 1936. He graduated from high school in Lynwood, California.^[1][2] He completed a two-year Mormon mission to Latino communities in Texas, and then attended Compton Junior College. He was a 1963 graduate of Brigham Young University, and a 20-year veteran of the FBI at the time of his arrest.

Colleagues who knew Miller described him as "bumbling", "inept", and "lunchy". The last description referred to his unkempt appearance, and the fact that he often was observed with food crumbs and stains on his clothing. Former FBI Special Agent and author Gary Aldrich described Miller in this manner:

Most agents assigned to Los Angeles during that time who knew Miller would probably agree that he should never have been hired in the first place. How he even got through the FBI Academy was a big mystery. But how Miller avoided losing his job for being one of the dumbest, most unkempt, most unpopular misfits the agency had ever hired was not a mystery. The management should have watched Miller more carefully.^[3]

Additionally, according to a Washington Monthly article by Matthew Miller (no relation), Miller was described in this fashion:

After 20 years with the bureau, Miller had a personnel file filled with doubts about his job performance. His superiors had repeatedly admonished him to control his ballooning weight. And in 1982, a psychologist examined Miller and told the FBI that he was emotionally unstable and should be nurtured along in some harmless post until retirement.

During a September, 1986 segment for the CBS news program 60 Minutes, colleagues interviewed on camera observed that Miller had been such a sub-par performer that he had at one time lost his gun and FBI credentials.^[4]

Arrest

On October 3, 1984, Miller was arrested with Svetlana and Nikolai Ogorodnikov, Russian immigrants who had moved to Los Angeles in 1973 to seek refuge, but were access agents of the Soviet KGB.^[5][6] Miller was alleged to have provided classified documents, including an FBI Counterintelligence manual, to the Ogorodnikovs after demanding $50,000 in gold and $15,000 cash in return.^[5] Miller, who had eight children and was faced with financial difficulties, was having an affair with the married Svetlana Ogorodnikov, and was preparing to travel with her to Vienna at the time of his arrest.^[5] It was later alleged that Svetlana Ogorodnikov had been in touch with a KGB case officer working out of the Soviet Consulate in San Francisco and had made arrangements for Miller to meet with the KGB in Vienna.^[5][7]

After his arrest, a fuller portrait emerged of Miller.^[5] According to news accounts, Miller occasionally took three-hour "lunches" at the 7-Eleven near his Los Angeles office, gorging himself on stolen candy bars while reading comic books.^[5][8] He was alleged to have cheated his uncle by selling a muscle-relaxant device the uncle had patented, and to have skimmed bureau cash intended for an informant.^[5][8] Miller also ran vehicle registration checks and searched FBI criminal indexes for a local private investigator at $500 per search.^[5][8] In early 1984, the LDS Church excommunicated Miller for adultery.^[5][8] He was divorced from his wife Paula while awaiting trial.^[9]

First and second trials

After a 10-week trial, in June 1985 each Ogorodnikov pleaded guilty to one count of conspiracy.^[10] Nikolai Ogorodnikov was immediately sentenced to eight years imprisonment.^[11] His wife received a sentence of 18 years,^[11] but maintained that Miller had never provided her with any classified information.^[12] Miller pleaded not guilty, and after 11 weeks of testimony, a mistrial was declared, with two jurors later indicating they believed Miller's claim of attempting to infiltrate the KGB without the knowledge of his superiors.^[10][13]

At his second trial, which ended on June 19, 1986, Miller again claimed his actions were the result of unapproved attempts to infiltrate the KGB as a double agent.^[11] Miller was found guilty of espionage and bribery, and on July 14, 1986, he was sentenced to two consecutive life terms plus 50 years.^[11] These convictions were overturned in 1989 on the grounds that U.S. District Judge David Vreeland Kenyon erred in admitting polygraph evidence during the trial.^[14] In October 1989, Miller was granted bail while awaiting a new trial.^[15]

Nikolai Ogorodnikov was released from prison in February 1990.^[16] He worked as a bus driver for a Los Angeles hotel, but the U.S. government later identified him as a security risk, targeted him for deportation, and held him in prison in Virginia during the proceedings.^[16] As of 2019, he was a resident of Beverly Hills, California.^[17]

Third trial

For Miller's third trial, the lead prosecutor was Assistant U.S. Attorney Adam Schiff.^[5] On October 9, 1990, Miller was again convicted on all counts.^[5] On February 4, 1991, he was sentenced to 20 years in federal prison.^[5] On January 28, 1993, a Federal Appeals Court upheld his conviction.^[4] He later reported that during one of his prison terms he befriended fellow inmate Lyndon LaRouche.^[18] Schiff recounts his work on the Miller trial in his 2021 book Midnight in Washington.^[19]

While in prison, Miller trained to become a computer technician.^[5] On May 6, 1994, he was released from prison following the reduction of his sentence to 13 years by a federal judge.^[20] Svetlana Ogorodnikova was released the same year.^[5] She was targeted for deportation, but married Bruce Perlowin, a convicted drug trafficker she met while in prison, then moved to Tijuana, Mexico.^[21] After several years in Tijuana, she and her husband entered the U.S. illegally and resided in Fallbrook, California.^[21] In 2002, Ogorodnikova testified in the trial of Kimberly Bailey, who was accused of attempting to hire a hitman to kill witnesses to the murder of Bailey's boyfriend, private investigator Richard Post.^[21] The FBI approached Ogorodnikova, who knew Bailey, and was suspected of involvement in the plot, and Ogorodnikova agreed to covertly tape conversations with Bailey.^[21] Ogorodnikova also arranged a meeting between Bailey and the supposed hitman, who was in fact an FBI agent.^[21] Perlowin and Ogorodnikova were later active as entrepreneurs in the medical marijuana and hemp industries.^[22]

Later life

Following his release, Miller relocated to Northern Utah.^[5] He married Tamara Lewis on September 23, 1995.^[23] Miller died in Utah on October 16, 2013.^[24][25]

See also

• Sexpionage

References

1. Macdonald, Katherine (June 20, 1986). "Ex-FBI Agent Is Guilty Of Espionage, Bribery". The Washington Post. Retrieved June 7, 2024.
2. "The FBI's most unwanted spy case". CIA. Retrieved June 7, 2024.
3. Holden, Henry M. (2008). FBI 100 Years. Zenith Imprint. p. 177. ISBN 9781610607186 – via Google Books.
4. Chamberlain, Gaius (March 18, 2015). "History of Spies: Richard Miller". History of Spies.com. Brandywine, MD: Adscape International, LLC. Retrieved January 16, 2020.
5. Dorfman, Zach (May 26, 2019). "The Spy Case That Made Adam Schiff a Russia Hawk". Politico.com. Washington, DC.
6. Gewertz, Catherine (August 23, 1985). "The week before an FBI agent was arrested for espionage". United Press International. Boca Raton, FL.
7. Fleeman, Michael (October 30, 1989). "Ex-FBI Agent Accused of Spying Freed, Third Trial Scheduled". APNews.com. New York, NY: Associated Press.
8. Cummings, Judith (February 10, 1985). "The F.B.I.'S Most Unwanted Spy Case". The New York Times. New York, NY. p. Section 6, Page 37 – via TimesMachine.
9. Gewertz, Catherine (June 26, 1985). "Nikolai and Svetlana Ogorodnikov, accused of luring the only FBI agent ever charged with espionage". United Press International. Boca Raton, FL.
10. "Hung Jury in Trial of FBI Agent". Chicago Tribune. Chicago, IL. United Press International. November 8, 1985.
11. Cummings, Judith (July 15, 1986). "EX-F.B.I. Agent is Sentenced to Life terms for Espionage". The New York Times. New York, NY. p. A1 – via TimesMachine.
12. Overend, William (June 17, 1985). "Ogorodnikova to Take Stand as Spy Trial Reaches the Showdown Stage". Los Angeles Times. Los Angeles, CA.
13. Overend, Willianm (January 13, 1985). "Miller Says He Believed He Had Infiltrated KGB". Los Angeles Times. Los Angeles, CA.
14. "Only FBI Agent Ever Convicted of Spying is Granted a New Trial". The Washington Post. Washington, DC. April 26, 1989.
15. Fleeman, Michael (August 22, 1990). "Third Espionage Trial Begins for Former FBI Agent". APNews.com. New York, NY: Associated Press.
16. Howe, Russell Warren (November 7, 1993). "The Loser". The Washington Post. Washington, DC.
17. "Consent Action of the Board of Directors of Electromedical Technologies, Inc". SEC.gov. Washington, DC: Securities and Exchange Commission. October 25, 2019. Retrieved October 11, 2022.
18. Weinstein, Henry (December 8, 1989). "Gave Soviets Nothing, Miller Says Espionage: The former FBI agent says his relationship with a Russian woman spy was 'the dumbest thing I did in my whole life.'". Los Angeles Times.
19. Midnight in Washington: A Conversation with Rep. Adam Schiff
20. "F.B.I. Spy Is Freed". The New York Times. New York, NY. Associated Press. May 8, 1994. p. 18 – via TimesMachine.
21. Fox, Ben (June 27, 2002). "Convicted spy testifies in San Diego murder case". Berkeley Daily Planet. Berkeley, CA. Associated Press.
22. Kimble, Lynita (October 11, 2012). "'The King of Pot' Bruce Perlowin: The Legacy and The Legend Continues". PRweb.com. Beltsville, MD. Archived from the original on October 25, 2012. Retrieved October 11, 2022.
23. "Tamara Miller Obituary". The Salt Lake Tribune. November 24, 2016. Retrieved August 19, 2018 – via Legacy.com.
24. Guest (September 28, 2020). "The Clergy Privilege in Mormon Cases: The Strange Case of Richard W. Miller". By Common Consent. Retrieved October 11, 2022.
25. Burgess, Christopher (October 3, 2021). "This Day in History: FBI Spy Arrested for Espionage with Soviet Paramour". News & Career Advice. Urbandale, IA: Clearance Jobs.com. Retrieved October 11, 2022.

Additional references

• Howe, Russell Warren, Sleeping with the FBI: Sex, Booze, Russians and the Saga of an American Counterspy Who Couldn't, Washington, DC, National Press Books, 1993
• Verbitsky, Anatole, and Dick Adler, Sleeping with Moscow: The Authorized Account of the KGB's Bungled Infiltration of the FBI by Two of the Soviet Union's Most Unlikely Operatives, New York, Shapolsky, 1987
• "The FBI Managing Disaster?", Gary Aldrich, Law Enforcement Alliance Of America Website
• "Ma'am, what you need is a new, improved Hoover - J. Edgar Hoover: Management of FBI", Washington Monthly, Mathew Miller, January 1989