Faget's work record plays role in lighter sentence

 BY PAUL BRINKLEY-ROGERS

 Mariano Faget, the senior immigration official caught in an espionage sting last year, was sentenced Friday to five years in federal prison --
 the low end of the scale -- by a judge who noted his "exemplary'' work record.

 More than 20 of the 34-year federal employee's relatives listened somberly as U.S. District Judge Alan S. Gold heard final arguments about
 which sentencing guidelines to use. Faget's wife, Maria, 54, a sales executive for a mechanical engineering firm, appealed to him to be
 lenient, saying her husband ``is loyal to his family, his country and his work.''

 "He is not False Blue,'' she said, using the name of the FBI operation that snared her husband. Agents listened in as Faget told a business acquaintance with ties to
 Cuban intelligence that a Cuban security officer who had been based in Washington was going to defect to the United States. That piece of disinformation was fed to
 Faget to see what he would do with it.

 Faget, 55, was one of the most senior Cuban-American officials in the Immigration and Naturalization Service.

 Prosecutors said Faget was passing on the information to win favor with the Cubans and boost his business interests. He was a partner in a trading company established to do business in Cuba if the embargo is ever lifted.

 Faget's lawyers said he was merely trying to help a friend he thought was in danger.

 Gold made a lengthy analysis of the sentencing guidelines that could apply.

 A harsh sentence of roughly 10 to 12 years was appropriate, he said, if the information Faget gave was of advantage to Cuba or caused serious damage to national
 interests of the United States.

 The government had to prove such harm, he said, but had not done so.

 "What is unusual about this case,'' Gold said, "is that it involved a sting operation where part of it was classified, and the other part was disinformation.''

 While telling Faget that Cuban agent Luis Molina was going to defect, FBI agents showed the INS official a file on Molina that was stamped secret, Gold said.

 At the time, Molina was actually in Havana and was not really changing sides. Telling the Cubans that Molina was defecting, however, did not harm American interests, Gold said.

 Gold said he would recommend to the Bureau of Prisons that Faget be allowed to serve his term at the low-security correctional complex at Coleman, Fla. Faget's family members, some wiping tears and others covering their faces with their hands, nodded in agreement as Gold spoke.

 Maria Faget told the court to look at the positive side of her husband's life as well as "the very, very costly phone call he made and the very stupid mistake.'' She
 appeared distraught and said nothing to reporters after the sentence was pronounced.

 Defense attorney Ben Kuehne said the sentence was what he had expected and was the best he had hoped for. He said the defense team will appeal.

 "This was not a typical or classical spy case,'' Kuehne said. "Judge Gold said this five times in his sentencing.''

 Kuehne said Faget had made "a serious mistake'' and that his client was ``deeply apologetic for violating the laws of the United States.''

 Faget was convicted of four counts -- disclosing classified information, converting it for his own gain, lying to the FBI and failing to disclose foreign-business contacts on his security clearance application. Prosecutors Richard Gregorie and Curtis Miner handled the government's case.

 "This case demonstrates our strong commitment to detect, investigate and prosecute crimes involving espionage,'' U.S. Attorney Guy Lewis said.

 Faget, who has been in federal custody about 16 months, is likely to be in prison a total of three years. He will also lose his federal pension.

                                    © 2001