UNITED STATES DEPARTMENT OF JUSTICE

WASHINGTON, DISTRICT OF COLUMBIA

J. WHITFIELD LARRABEE )
Complainant )
)
v. )
)
MICHAEL THOMAS FLYNN, )
UNITED STATES ARMY LIEUTENANT )
GENERAL (RETIRED) )
DEFENDANT )
)

INTRODUCTION

1. This is a complaint against Michael Thomas Flynn (“Flynn”).

2. This complaint is based upon evidence that Flynn failed to register as a foreign agent of

the government of Qatar in violation of the Foreign Agents Registration Act (“FARA”),

22 U.S.C. § 611 et. seq.. The complaint is also based on Flynn’s likely violation of

prohibitions on the acceptance of foreign emoluments by retired military personnel in

violation of the Foreign Emoluments Clause to the United States Constitution.

PARTIES

3. The Complainant, J. Whitfield Larrabee, is a resident of Massachusetts and is a licensed

attorney.

4. The Defendant, Michael Thomas Flynn is a retired U.S. Army Lieutenant General and

was briefly the National Security Advisor to President Donald Trump until he resigned in

February 2017. From about 2014 to at least 2016, Flynn provided intelligence services

for businesses and foreign governments and operated a company known as Flynn Intel

Group. On December 1, 2017, Flynn pleaded guilty to "willfully and knowingly" making

"false, fictitious and fraudulent statements" to the FBI in connection with its investigation

of Russian interference with the 2016 U.S. presidential election.

 COMPLAINT

5. On or about June 7, 2017, the government of Qatar retained the Ashcroft Law Firm to act

as its foreign agent and lobbyist for $2.5 million. The retainer contract was signed by

Ahmad Al Hammadi (“Al Hammadi”), the secretary-general of Qatar's foreign ministry.

John Ashcroft, owner of the firm, was formerly the Attorney General of the United States

under President George W. Bush.

6. Ahmed Al-Rumaihi (“Al-Rumaihi”) is a former Qatari diplomat who resides in the

United States. He was reported to be head of Qatar Investments, a $100 billion dollar

internal division of sovereign wealth fund Qatar Investment Authority.

7. Al-Rumaihi participated with Al Hammadi in retaining the Ashcroft Law Firm.

8. In a declaration submitted to the United States District Court for the Central District of

California, Jeff Kwatinetz (“Kwatinetz”) testified that Al-Rumaihi told him that “[he]

shouldn’t be naive, that so many Washington politicians take our money, and stated “do

you think [Michael] Flynn turned down our money.” Kwatinetz Declaration, ¶ 33,

attached hereto as Exhibit “1.” This conversation is evidence that Flynn received money

from Qatar to act as its foreign agent. Flynn was obligated to disclose any such activities

under FARA.

9. Kwatinetz also testified in his declaration that he believed that “Mr. Al-Rumaihi has a

role either formal or informal with Qatari intelligence...” and that Al-Rumaihi and his

partners’ goal was “to obtain strategic information and geopolitical influence.” Kwatinetz

Declaration, ¶ 39. Al-Rumaihi’s activities in gathering intelligence for Qatar within the

United States are activities he was obligated to disclose under FARA.

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10. Neither Flynn nor Al-Rumaihi properly registered with the Department of Justice as

foreign agents of Qatar as required by FARA.

11. Based on the Declaration of Kwatinetz and other information known about Flynn, there is

probable cause to investigate Flynn and Al-Rumaihi for violating the Foreign Agents

Registration Act by failing to register as foreign agents for Qatar. Furthermore, based on

Al-Rumaihi’s statements to Kwatinetz, there are reasonable grounds to suspect that other

officials in Washington D.C. may have illegally accepted payments made on behalf of

Qatar without registering as foreign agents.

12. Legislative enactments and other authorities state or imply that, where military personnel

are retired but can be involuntarily recalled to active duty, they remain U.S. Officers for

purposes of the Foreign Emoluments Clause. See 37 U.S.C. § 908(a)(1); Applicability of

18 U.S.C. § 219 to Retired Foreign Service Officers, 11 Op. O.L.C. 67, 68-69 (1987).

13. Flynn’s acceptance of payments from Qatar as described in Kwatinetz’ declaration likely

violated these prohibitions.

14. In March of 2017 Flynn was accused by a member of Congress of accepting undisclosed

payments from RT, a media outlet that US intelligence agencies have warned is an

instrument of the Russian government, in violation of the Foreign Emoluments Clause.

15. There is a serious concern that undisclosed activities by agents of Qatar have influenced

the United States foreign policy as executed by President Trump.

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16. President Trump welcomed Qatar Emir Tamim bin Hamad al-Thani to the White House

in April of 2018 and reversed his position that the regime, “at a very high level,” was a

major funder of terrorism.1

15. The dramatic change in Trump’s policy with Qatar, potentially making the U.S.

vulnerable to terrorism, is particularly suspicious in view of the financial ties between

Qatar and Trump’s family. Jared Kushner’s firm previously sought a $500 million

investment from the former head of Qatar Investment Authority for the firm’s

headquarters at 666 Fifth Avenue in Manhattan. Ultimately, Kusher’s firm took $184

million in loans from the Qatar-backed Apollo Group. Kushner is Trump’s son-in-law

and also works in the White House as his advisor. Kushner’s use of foreign funds for his

real estate empire creates a conflict of interest for Kushner and President Trump. Qatar

provided money to the Trump family and President Trump thereafter provided access and

recognition to the Emir of Qatar.

16. There are good grounds to believe that the government of Qatar has illegally used

undisclosed foreign agents in the United States who have failed to register with the

Department of Justice in violation of the Foreign Agents Registration Act (“FARA”), 22

U.S.C. § 611 et. seq.

17. It is important for the Department of Justice thoroughly investigate the illegal foreign

influence described in this complaint in order to protect the national security and ensure

that present and former high-level officials of the government cannot corruptly violate the

law with impunity.

1
Baker, Peter, New York Times, Trump Now Sees Qatar as an Ally Against Terrorism,
April 10, 2018.

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WHEREFORE, the Complainant respectfully requests:

A. a full, fair and impartial investigation of this complaint;

B. a complete and thorough presentation of all relevant evidence to a federal grand
jury;
C. appropriate indictments against Flynn, Al-Rumaihi and others as warranted based
on any violations of federal laws confirmed by the investigation;
D. such other relief as is just, equitable or proper.

Respectfully submitted,

J. Whitfield Larrabee
Law Office of J. Whitfield Larrabee
251 Harvard Street, Suite 9
Brookline, MA 02446
jw.larrabee@verizon.net
(617) 566-3670

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“1”