The agreement made no mention of leniency for his wife.Diana Toebbe allegedly accompanied her husband on several “dead drops,” where he left behind memory cards containing sensitive information. However, Jonathan Toebbe’s plea agreement, which explicitly named Diana as his co-conspirator, said the government had “no agreements, understandings or promise” with Jonathan Toebbe other than those mentioned in the document. In a December court filing, Diana Toebbe’s lawyers argued for her pretrial detention to be reconsidered, saying Jonathan Toebbe wrote a letter to his father-in-law saying “I have high hopes that Diana will ultimately be exonerated.” The lawyers also said they had reason to believe Jonathan Toebbe told the government Diana Toebbe was not involved in his scheme. According to his plea agreement, it was Diana Toebbe. In an encrypted message to agents, Jonathan Toebbe said there was only one other person that knew of his relationship. The government says Diana Toebbe “provided cover” or acted as a lookout on three dead drops, according to court records. Undercover agents would pick up the memory devices, Toebbe would share a decryption key and the FBI would send him the money in cryptocurrency. Jonathan Toebbe would drop SD cards, secreted in sandwiches or bubblegum packages, at predetermined locations. They facilitated a trust-building signal display during a holiday weekend in Washington, D.C., and a series of four “dead drops” in West Virginia, Pennsylvania and Virginia. Undercover FBI agents talked to Toebbe for more than a year over an encrypted email service. Instead, the letter was shared with the FBI and the Justice Department launched a covert investigation. In April 2020, he sent a package containing a sample of restricted data to a foreign government and urged the recipient to share it with their country’s military intelligence agency. Jonathan Toebbe held a top-secret security clearance since 2012 while he worked on projects pertaining to nuclear propulsion for the Navy’s Virginia-class of attack submarines. According to his plea, Jonathan Toebbe also promised to help federal agents locate the $100,000 worth of cryptocurrency they paid him and were never able to find, and to facilitate the government’s recovery of any outstanding classified documents. The government and Jonathan Toebbe’s attorney agreed to argue for a sentence between 12½ and 17½ years in prison. They faced a maximum penalty of life in prison. 19 charging the couple with one count of conspiracy to communicate restricted data to a foreign government and two counts of communicating restricted data to another nation with the intent to harm the U.S. While she could change her mind any time before or during the proceeding Friday, the court hearing should expedite resolutions in the cases of the Annapolis couple, who were arrested in October on espionage charges.Ī federal grand jury handed up an indictment Oct. Courthouse in Martinsburg, West Virginia. Craig Broadwater Federal Building and U.S. Now Diana Toebbe, a former humanities teacher at The Key School in Annapolis, is scheduled to change her plea Friday morning in front of the same magistrate judge, signaling that she’s also may plead guilty.ĭiana Toebbe is to appear at 11 a.m. His plea agreement named her as his accomplice and specified that she acted as a lookout when her husband left digital memory cards at “dead drop” sites. However, Jonathan Toebbe told a federal magistrate judge Monday he conspired with Diana to give classified information to a foreign government. Until Monday, Toebbe and his wife, Diana, 46, maintained she was innocent.
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