UNCLASSIFIED//FOUO 01/26/2024 New York, NY As I repeatedly stated, I attempted to solicit help from every appropriate entity, to include the NYFO "Security Officer", Robert Welp. However, until just weeks before the intrusion this position was only temporarily staffed, and the ISSO and CISSO positions were not staffed at all. I have provided a document to the interviewing Agents that originated from former NYFO SAC Nicholas Bouchears in which he outlines the issue of not having these positions filled and the steps he took to fill them. If these positions had been filled there is little doubt that I would have received the assistance I needed to ensure our network was secure. However, these positions were not filled, and I was nevertheless encouraged to enhance our lab by all levels of management and received the necessary approvals along the way. I should not be punished for failures in hindsight that were out of my control. While I take responsibility for all my actions, I am confident that nothing I did was without approval, and everything was done in the interest of improvement. There is an abundance of evidence to support that everything I did was with full knowledge and support of FBI EM. I can provide much of this, but the proof consists of copious amounts of emails, numerous iterations of the PTA, and more. As a couple last anecdotes is an email between myself and (now retired) AD Mark Gerber. AD Gerber had reached out to me requesting some information regarding ApostleX back in March of 2023. In the email I mentioned to him that DAD Jose Perez had Page 101 of 106 UNCLASSIFIED//FOLIO EFTA00173473

UNCLASSIFIED//FOUO 01/26/2024 New York, NY been briefed on and supported ApsotleX, specifically this portion of the email states: "We've briefed this up our chain any my ASAC and SAC are very much on board, as is our ADIC from what I hear. I've also spoken with DAD Jose Perez, who seems to also support it, as have many others along the CID chain of command. We've coordinated with several units in OTD, all of whom stated the love the program and would provide support however possible, including housing the data, helping with additional features like ELSUR, evidence, etc. I've also spoken with Ma Smith at OCIO who also seems to be a supporter, and is looking to see who all from HQ needs to approve this before we move forward." I know this because I personally spoke to DAD Perez about ApostleX when he visited the NYFO, which is discussed above. I also believe that AD Gerber spoke with DD Abbate and possibly Director Wray about ApostleX as well. I later learned that the General Counsel, who at the time was Jason Jones, was also aware of ApostleX and did not have any legal concerns, rather he withheld his approval until OCIO provided theirs. Additionally, in September 2023, NYFO ADC Dane Christensen advised me that he heard that someone in the FBI EM circles had conflated ApostleX with having been a contributing factor in the intrusion, something that was far from the case and technically impossible, as discussed above. Ironically, the following week Page 102 of 106 UNCLASSIFIED//FOUO EFTA00173474

UNCLASSIFIED//FOUO 01/26/2024 New York, NY so, the case Agent assigned to investigate the intrusion reached out to me to request information on ApsotleX. The Agent, Terrence Carthy, had independently learned about ApositeX and was interested in using it for an un-related case. SA Carthy had heard that I had been the point-person for ApostleX and reached out in hopes that he could use it. I informed SA Carthy of the recent assertion that ApostleX was somehow related to the intrusion and he could not believe it. SA Carthy investigated the intrusion and knew exactly what was and what was not related, and until just before reaching out to me, SA Carthey had not even heard of ApostleX. Shortly thereafter, I sent an email for clarification to NY CDC Semos, cc'ing both ADC Christensen and SA Carthy. My email to CDC Semos stated in sum: "Last week Terrence Carthy (CCd) from CY-2 hit me up asking about ApostleX. He had only recently heard of it (from someone else, not me) and was interested in where it is in the process. I mentioned to him that the DD needs to approve it and that there is the misconception that ApostleX was related somehow in the intrusion. Ironically, Terrence was the case agent on Cyber for the intrusion, and was a bit surprised since he had never heard of ApostleX until recently. Terrence is happy to clear the air regarding ApostleX and it's (non) involvement in the intrusion, but I wanted to put him in touch with you both." Page 103 of 106 UNCLASSIFIED//FOUO EFTA00173475

UNCLASSIFIED//FOUO g CDC Semos responded with the following: "Hey Aaron, No confusion on our end. Legal is clear on the fact the intrusion and ApostleX are 2 unrelated matters. A/II , OCIO, discussed Apostle X (and maybe the intrusion, I'm not exactly clear) with the ADIC last week. The ADIC advised 2 ADs and the GC were interested in coming to NY to discuss. I think the ADIC tasked Spencer Horn with setting that up at the EM yesterday. Circle back with Spencer b/c the discussion got a little confusing at the meeting. In any event, ADIC will not approve use of Apostle X until GC and the ADs approve of it at the HQ level." --Tara Lastly, it should be noted that, since the intrusion, my squad mates and I have been referenced as having been "System Administrators", which we absolutely are not. The INSD report identifies me, and others on my squad, as having been System Administrators despite the fact we were not, have never been trained in system administration, and were never qualified to be system administrators. Despite myself and my chain of command bringing this to the attention of INSD we continued to be referred to in this manner. This is a critical fact since I cannot, nor can my squad mates, be held to the same standard of knowledge as an actual system administrator. The title implies a level of knowledge, and thus a level of responsibility, that I (l;!) Page 104 of 106 UNCLASSIFIED//FOUO 01/26/2024 New York, NY EFTA00173476

UNCLASSIFIED//F000 01/26/2024 New York, NY did not and do not possess. None of us on my squad do or ever have. In my defense I possess hundreds, if not thousands, of pages of supporting documentation. I have provided a large number of these documents to the interviewing Agents and am happy to provide more if requested. This includes, but is not limited to, the NYFO's opposition to the post-intrusion INSD findings, many of which are provable as categorically false and misleading. I am including here many of the documents referenced in this statement and will provide INSD with additional documents. These are, however, not all the supporting material I have and can provide more upon request. As I do not know what information has been presented to INSD in support of these allegations, nor do I know exactly who provided the information, I cannot possibly anticipate every document in my defense I possess. I am an open book and will provide anything requested of me in order to reveal the truth. I am willing to voluntarily take a polygraph examination concerning the truthfulness of the information contained in this signed, sworn statement. I have no other pertinent information regarding the aforementioned allegations. I have been advised that I should submit any additional information of which I may become aware, regarding this inquiry, to Section (IAS)/Inspection Division (INSD) Professional Responsibility (OPR). the Internal Affairs or to the Office of Page 105 of 106 UNCLASSIFIED//FOUO EFTA00173477

ONCLASSIFIED//FOUO 01/26/2024 New York, NY I have been given the opportunity to review this statement and make any changes prior to signing it. I was instructed on 01/26/2024 not to discuss this matter with anyone other than the person(s) conducting this interview, representatives from IAS/INSD, Security Division - Clearance Referral Evaluations Unit, OPR, the FBI Ombudsman, and/or an FBI Employee Assistance Program (EAP) Counselor. I have been told that should I decide to discuss this matter with anyone else, I must first obtain authorization from the interviewer(s). I have read this statement, consist this and 36 other pages and it is true and correct. Aaron E. Spivack Sworn to and subscribed before me on the 12th day of December, 2024, in New York, NY. Witness: Witness IV (+Fe M. 4&.%ou\ Page 106 of 106 UNCLASSIFIED//FOUO EFTA00173478