Immigration Official Charged as Spy for Cuban Government
By PETER T. KILBORN
MIAMI,
Feb. 18 -- A high-ranking United States immigration
official
was charged in federal court today with spying for the
Cuban government,
after federal officials said he was caught in an
elaborate sting
passing on what he thought was classified information
about a Cuban's
plan to defect to the United States.
The man, Mariano
M. Faget, who was born in Havana and left Cuba in
his teens, is
a senior official in the Miami field office of the Immigration
and Naturalization
Service. Mr. Faget, who is 54, was arrested here late
Thursday. The
immigration service and the Federal Bureau of
Investigation
say they caught him last week passing along to an otherwise
unidentified
"Cuban-born New York businessman" false information they
had fed him
about a Cuban intelligence agent's plan to defect to the
United States.
Mr. Faget was
charged with violations of the Espionage Act and lying to
federal agents.
The Cuban Interests
Section in Washington, in a statement, denied the
allegations..
Private individuals
have been convicted of spying for Cuba, but federal
officials said
they knew of no prior instance of the arrest of an American
government official.
"I've been here
for 24 years," said Terry Nelson, an F.B.I. spokesman,
"and I can't
recall ever arresting a government official -- especially an
official with
such access to immigrant records."
As section chief
for adjudications and the third-ranking officer in the
Miami office,
Mr. Faget (pronounced fah-HAY) had access to classified
files and the
authority to treat applications for political asylum. Thus, he
was in a position
to tell Havana of the plans of Cuban nationals to defect
and subject
them to retaliation.
The investigation
is continuing and officials said they did not know of
defections Mr.
Faget might have blocked. "It's too early to tell if he did
any damage or
what kind of damage he did," said Carlos Zaldivar, a
lawyer in the
Miami office of the F.B.I.
Mr. Faget, who
was scheduled to retire in March, made a telephone call,
recorded by
the F.B.I., on Feb. 14 to the New York businessman, then
visiting Beijing.
In the call, Mr. Faget said he had nothing new to report
about the Cuban
spy.
In an affidavit
filed with the charges against Mr. Faget, Joe Franklin, an
agent for the
F.B.I. in Miami, wrote: "The businessman concluded the call
by asking Faget,
'You're still not leaving until next month, right?' Faget
answered, 'Until
next month. Yes. We have time.' "
The arrest is
likely to stir the pot of Cuban-American relations, already
boiling because
of the custody battle over 6-year-old Elián González,
who survived
his mother's drowning when she fled Cuba with him in
November. Elián's
relatives here are fighting in court for custody against
the wishes of
his father in Cuba.
"When I found
out about this, I laughed," said Jose Basulto, president of
Brothers to
the Rescue, a Cuban exile group that supports the relatives.
"I'm sure there
are many more spies out there, hundreds, even thousands.
This should
really come in handy for Elián's situation."
In the statement
today, the Cuban Interests Section called the allegations
"a colossal
and false slander," and said, "We are sure that it is no
coincidence
that these false accusations are surfacing during a critical
moment for the
return of little Elián to his father."
The cases are
unrelated and investigation of Mr. Faget began more than
a year ago,
officials said. Maria Cardona, a spokeswoman for the
immigration
service, said Mr. Faget "has never been involved in the Elián
González
case."
At a news conference
here and in a court affidavit, immigration and
F.B.I. officials
and the United States attorney, Thomas E. Scott,
described a
year of investigating Mr. Faget after suspicions were raised
by a routine
investigation.
Last year, investigators
say, they observed Mr. Faget meeting with a
Cuban intelligence
officer for 90 minutes at Pitchers Bar in the Miami
Marriott Hotel
and with a second officer for two hours in a secluded area
of the lobby
of the Hilton Hotel in Miami. Mr. Faget never disclosed the
meetings to
his superiors, the investigators reported. He was also not
authorized to
meet the agents on immigration service business, but the
government did
not report whether the men discussed immigration
matters.
If found guilty
on all the charges, he faces at least 10 years in prison and
a $250,000 fine.
Mr. Faget, who is being held in the Federal Detention
Center here,
could not be reached for comment, and no one answered
the phone at
his home.
A woman at the
office of his lawyer, Joel Kaplan, said Mr. Kaplan was
unavailable.
Mr. Faget spent
34 years with the immigration service, climbing the ranks
from an entry-level
clerical job. In 1971, official records show, he
married Pitty
Sanchez, who is also called Maria and is 52. To all
appearances,
they live modestly in a white, two-story tract house in the
Amaretto subdivision
in Kendall, southwest of Miami.