A 56-year-old man from New Jersey has been sentenced to 41 months in federal prison for selling technical drawings and manuals for military aircraft, which he obtained through his position as a civilian U.S. Navy employee. Mark Fitting, who worked as an engineer in a Navy facility in Philadelphia, pleaded guilty to the charges on December 8, 2020.
The investigation into Fitting led authorities to his girlfriend, Melony Erice, who was living with him at the time. U.S. District Judge David O. Carter sentenced Erice to 18 months in federal prison on Friday.
Another co-defendant, George Posey IV, who worked at Newport Aeronautical Sales Corporation, is scheduled for sentencing on October 24. Unfortunately, co-defendant Dean Mirabal has passed away since the time of the investigation, according to federal prosecutors.
Fitting has been given until February 12 to report to prison and has been ordered to pay $589,000 in restitution.
His attorney, Diane Bass, argued for home confinement so that Fitting could continue to care for his 90-year-old mother. Bass also downplayed the severity of the crime, stating that the documents were not classified and could be obtained through a Freedom of Information Act request.
According to Bass, “These were not secret documents,” and emphasized that special credentials were required to access them.
“His only crime was taking money to sell the drawings,” Bass said. She further argued that the drawings only depicted parts for legacy aircraft.
Bass accused Erice of being the mastermind behind the scheme to sell the drawings, claiming that Fitting had only tried to help her overcome her addiction.
In an attempt to repay the money he obtained from selling the drawings, Fitting sold two properties and has been attempting to sell a condo in Florida for several years. The government has also seized $98,000 from him.
Fitting expressed remorse for his actions and the impact they had on his life. He told Judge Carter, “I stand before you a convicted felon who lost a job I loved… I was trying to help Melony get over her addiction. And I didn’t want it to affect my lifestyle, so I started selling the drawings that I should have given away.”
Assistant U.S. Attorney Varun Behl argued for a longer sentence of 57 months, stating that Fitting’s actions were equivalent to providing foreign access to military documents. Behl also disputed Bass’s claims about the value and availability of the drawings.
Judge Carter acknowledged Fitting’s access to the documents, which made him the most culpable among the defendants. However, he also expressed difficulty in sentencing Fitting due to his mother’s situation. Carter recognized Fitting’s remorse and community service but emphasized that he was ultimately responsible for his actions.
In addition to his prison sentence, Fitting will be required to participate in gambling and drug addiction programs while in custody.
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