The trial of two doctors accused of criminal HIPAA violations and conspiracy with the Russian government has ended without a final verdict, resulting in a miscarriage of justice. Dr. Anna Gabrielian, 37, a former anesthesiologist at Johns Hopkins University, and her husband Jamie Lee Henry, 40, a physician and former major in the US Army stationed at Fort Bragg, faced indictment on September 28, 2022. The accusations against them involved conspiring to assist Russia in its invasion of Ukraine. They also violated HIPAA by improperly disclosing citizens’ personal health information to a person they believed to be a Russian agent.
The couple faced an eight-count indictment. They were indicted for conspiring to share sensitive information about U.S. citizens with Russia to harm the United States. On August 17, 2022, they began unauthorized disclosures by giving information to someone they thought was a Russian agent. These disclosures provided evidence of Henry’s secret-level security clearance, indicating his willingness to collaborate with a Russian operative. The disclosures also involved offering medical information that the Russian government could exploit, further highlighting the couple’s willingness to collaborate.
Gabrielian offered medical collaboration and humanitarian aid to Russia during the Ukraine conflict via email to the Russian embassy. The FBI acquired this message and subsequently deployed an undercover agent, posing as a Russian operative, to engage with Gabrielian. During their meeting, Gabrielian stated that her husband had valuable information and was a significant source for Russia. Subsequently, arrangements were made to meet the undercover agent alongside her husband.
The Undercover Operation and Explicit Expressions of Assistance to Russia
Throughout a series of meetings, the undercover agent diligently recorded more than 5 hours of conversations, during which the couple explicitly expressed their desire to assist Russia. Henry openly acknowledged his unsuccessful attempt to volunteer in the Russian Army due to his lack of combat experience. However, he willingly agreed to furnish the agent with the medical records of patients at Fort Bragg. In a subsequent encounter, Gabrielian provided the agent with the personal health information of two individuals, one of whom was the spouse of an Office of Naval Intelligence employee. Gabrielian emphasized that this individual had a medical condition that Russia could exploit.
Furthermore, Henry disclosed information regarding five individuals who were either military veterans or connected to military veterans. The couple faced a maximum penalty of 10 years imprisonment for the criminal HIPAA prosecution which involved unauthorized access and disclosure of medical records. Additionally, they faced a maximum sentence of 5 years imprisonment for the conspiracy charge.
During the trial, Gabrielian testified that she disclosed the information out of concern for her and her family’s safety in both the United States and Russia if she refused to cooperate. Gabrielian asserted that she handed over two records to the agent as a loyalty test. However, she believed that these records would hold little value to the Russian government, similar to the insignificance of the records disclosed by Henry.
The doctors’ legal team argued that the agent subtly implied their connection to the KGB without making direct threats. However, the doctors experienced fear regarding the potential consequences of refusing a supposed KGB operative. The defense argued that their client’s intentions solely focused on providing medical aid to alleviate suffering and treat the injured. They claimed that the charges against them were a product of the U.S. government’s actions. The prosecution argued that the doctors intended to become long-term Russian assets, dismissing the FBI’s entrapment claim as unsubstantiated.
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