December 30, 1971
COUNT ONE
[Omitted (Conspiracy).]
COUNT TWO
[18 U.S.C. Section 641]
During the period from about March 4, 1969, to about May 20, 1970, in Los Angeles County, within the Central District of California, defendant DANIEL ELLSBERG did embezzle, steal and knowingly convert to his use and the use of another the following things of value of the United States and a department and agency thereof:
Nine volumes of a 38-volume Department of Defense study entitled "UNITED STATES-VIETNAM RELATIONS 1945-1967":
| Volume | Title |
| I | VIETNAM AND THE UNITED STATES-1940--1950. |
| IV.A.2 | AID FOR FRANCE IN INDOCHINA-1950--1954. |
| IV.B.5 | EVOLUTION OF THE WAR-The Overthrow of Ngo Dinh Diem-May-November, 1963. |
| IV.C.4 | EVOLUTION OF THE WAR-MARINE COMBAT UNITS GO TO DA NANG- MARCH 1965. |
| IV.C.5 | PHASE I IN THE BUILD-UP OF U.S. FORCES-THE DEBATE MARCH-JULY 1965. |
| IV.C.8 | RE-EMPHASIS ON PACIFICATION: 1965-1967. |
| IV.C.9(A) | EVOLUTION OF THE WAR-U.S./GVN Relations: 1963-1967-PART II. |
| VI.C.6 | SETTLEMENT OF THE CONFLICT-Negotiations, 1967-1968-HISTORY OF CONTACTS. |
(2) Pages 1, 2, 3, 4, 9, 12, 13, and 14 of a memorandum dated 27 February, 1968 entitled "REPORT OF CHAIRMAN, JCS ON SITUATION IN VIETNAM AND MACV FORCE REQUIREMENTS;"
(3) Part II of a memorandum entitled "NEGOTIATIONS AND VIETNAM: A CASE STUDY OF THE 1954 GENEVA CONFERENCE,";
which things had a value in excess of $100;
In violation of Title 18, United States Code, Section 641.
COUNT THREE
[18 U.S.C. Section 641]
During the period from about March 4, 1969, to about May 20, 1970, in Los Angeles County, within the Central District of California, defendant DANIEL ELLSBERG did conceal and retain the following things of value of the United States and a department and agency thereof, with intent to convert them to his own use and gain, knowing them to have been embezzled, stolen, and converted:
[Itemization of documents same as in Count Two omitted.]
COUNT FOUR
[18 U.S.C. Section 641]
During the period from about March 4, 1969, to about May 20, 1970, in Los Angeles County, within the Central District of California, defendant DANIEL ELLSBERG, without authority, did knowingly convey to Anthony Joseph Russo, the following things of value of the United States and a department and agency thereof:
[Itemization of documents same as in Count Two omitted.]
In violation of Title 18, United States Code, Section 641.
COUNT FIVE
[18 U.S.C. Section 641]
During the period from about March 4, 1969, to about December 31, 1969, in Los Angeles County, within the Central District of California, defendant DANIEL ELLSBERG, without authority, did knowingly convey to Linda Sinay the following thing of value of the United States and a department and agency thereof: one volume of a 38-volume Department Defense study entitled "UNITED STATES-VIETNAM RELATIONS 1945-1967"; namely, Volume IV.C. 9(b), "EVOLUTION OF THE WAR-US/GVN Relations: 1963-1967 - PART II," which thing had a value in excess of $100;
In violation of Title 18, United States Code, Section 641.
[Itemization of documents same as in Count Two omitted.]
COUNT SIX
[Omitted (count against Russo for receiving stolen goods).]
COUNT SEVEN
[18 U.S.C. Section 641]
During the period from about March 4, 1969, to about May 20, 1970, in Los Angeles County, within the Central District of California, defendant ANTHONY JOSEPH RUSSO did receive the following things of value of the United States and a department and agency thereof, with intent to convert them to his own use and gain, knowing them to have been embezzled, stolen and converted:
[Itemization of documents listed in (1) and (2) of Count Two omitted.]
In violation of Title 18, United States Code, Section 641.
COUNTS EIGHT TO FIFTEEN
[Omitted (counts relating to espionage and joint conspiracy counts).]