Diana Toebbe, 46, of Annapolis, Maryland, pleaded guilty to conspiracy to communicate Restricted Data related to the design of nuclear-powered warships. Her husband, Jonathan Toebbe, pleaded guilty to the same offense on Monday, February 14.
According to court documents, at the time of his arrest, Jonathan Toebbe was an employee of the Department of the Navy who served as a nuclear engineer and was assigned to the Naval Nuclear Propulsion Program, also known as Naval Reactors. He held an active national security clearance through the Department of Defense, giving him access to “Restricted Data” within the meaning of the Atomic Energy Act.
The Atomic Energy Act concerns design, manufacture or utilization of atomic weapons, or production of Special Nuclear Material (SNM), or use of SNM in the production of energy – such as naval reactors. Jonathan Toebbe worked with and had access to information concerning naval nuclear propulsion including information related to military sensitive design elements, operating parameters and performance characteristics of the reactors for nuclear powered warships.
Jonathan Toebbe sent a package to a foreign government, listing a return address in Pittsburgh, Pennsylvania, containing a sample of Restricted Data and instructions for establishing a covert relationship to purchase additional Restricted Data. Jonathan Toebbe began corresponding via encrypted email with an individual whom he believed to be a representative of the foreign government. The individual was really an undercover FBI agent.
The undercover agent sent $10,000 in cryptocurrency to Jonathan Toebbe as “good faith” payment. Shortly afterwards, on June 26, Jonathan Toebbe serviced a dead drop by placing an SD card, which was concealed within half a peanut butter sandwich and contained military sensitive design elements relating to submarine nuclear reactors, at a pre-arranged location.
Diana Toebbe pleaded guilty to count one of the indictment charging her with conspiracy to communicate Restricted Data which carries a maximum statutory penalty of up to life in prison, a fine up to $100,000, and term of supervised release not more than five years. Pursuant to her plea agreement, Diana Toebbe will serve a sentence of not more than 36 months of imprisonment in federal prison.
The FBI and NCIS are investigating the case. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Diana Toebbe was arrested on October 9, 2021, for knowingly and voluntarily joining a conspiracy with her husband, Jonathan Toebbe, to communicate Restricted Data to a foreign nation. During the course of the conspiracy, Diana Toebbe served as a lookout while her husband serviced three “dead-drops”.
The FBI received a decryption key for the SD Card after making a payment to Jonathan Toebbe of $70,000 in cryptocurrency. It, too, contained Restricted Data related to submarine nuclear reactors. The FBI arrested Jonathan Toebbe and his wife on October 9, after he placed yet another SD card at a pre-arranged “dead drop” at a second location in West Virginia.
We will provide updates on this case as more information becomes available.
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Key Facts
- State: Pennsylvania
- Category: Violent Crime
- Source: DOJ Press Release â†â€â€
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