The_Info_Web/10 - PEOPLE/(N-S)/Marvin Shoob.md

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Marvin H. Shoob
Judge Shoob
Law Enforcement & Legal
Person
MarvinShoob
BNLScandal
ChristopherDrogoul
FederalJudiciary
Atlanta
DepartmentOfJustice
Federal judge in Atlanta who in 1992 let Christopher Drogoul withdraw his guilty plea, removed himself from the BNL case saying the bank's Rome officers had approved the Iraqi loans, and called the defendants pawns. 1923-02-23 2017-06-12 Atlanta, Georgia 2026-09-21 2026-09-21

Marvin Herman Shoob (February 23, 1923 to June 12, 2017) was a judge of the United States District Court for the Northern District of Georgia. He was born at Walterboro, South Carolina, raised in Savannah, Georgia, served in Europe with the Third Army, and graduated from the University of Georgia law school in 1948. In the early 1960s he and the state senator Jimmy Carter redrafted the rules of the Georgia Democratic Party. President Carter appointed him to the bench in 1979. He took senior status on September 30, 1991.1

The BNL Case

The indictment of Christopher Drogoul, manager of the Atlanta branch of the Banca Nazionale del Lavoro, for lending some five billion dollars to Iraq without the knowledge of his superiors, came before Shoob in 1991. Drogoul pleaded guilty to 60 counts in June 1992. At the sentencing hearing that September he testified that the branch had been "a tool of the U.S. and Italian governments." On September 14 Representative Henry B. Gonzalez announced that the Central Intelligence Agency had told his committee it had good evidence that the bank's officers in Rome knew of the lending, contrary to what its general counsel had told the prosecutors. On October 1, 1992, Shoob allowed Drogoul to withdraw the plea and removed himself from the case, recording his conclusion "that officials at BNL-Rome were aware of and approved Mr. Drogoul's activities." He called Drogoul and his Atlanta colleagues "pawns and bit-players in a far more wide-ranging conspiracy."23 In the written order dated October 5, 1992 (the plea withdrawal and recusal were announced orally on October 1), Shoob wrote: "The Court concludes that officials at BNL-Rome were aware of and approved Mr. Drogoul's activities. At the very least, BNL-Rome chose to ignore what were obvious signs of Mr. Drogoul's extraordinary relationship with Iraq and his unusual lending practices." The order also recorded that Drogoul "testified only that his superiors should have known."4

On September 23, 1992, at the sentencing hearing, Shoob asked to see the intelligence underlying the Gonzalez summary of CIA reporting. Gerrilyn Brill, the acting United States attorney in Atlanta, offered to discuss the material with him ex parte; Shoob declined and asked that the documents be brought to his chambers. He took them home intending to read them and read one that evening, concluding that the report did not support the analytical comment in the Gonzalez summary.5

Drogoul's public defender, Sheila Tyler, told the court: "It is clear to me that my client was merely a small fish in a larger operation." Shoob said to Drogoul in open court: "I don't believe for a minute that you were able to do all of this on your own." "You're right," Drogoul answered. "I do not want to be in a position where I have to sentence Mr. Drogoul, where he takes the fall when there are other people involved who are equally culpable," the judge said. "A special prosecutor ought to get into this entire matter." During the hearings a federal marshal came to his chambers concerned for the prisoner's safety. Shoob asked who might threaten him. "Would you believe the CIA?" the marshal said. The judge said he would not. That night the Shoobs slept with their floodlights on. Their house had been vandalized in the early 1980s after he ordered the release of Cuban detainees from the Mariel boatlift, when Attorney General Edwin Meese told him "we think it would be a good idea to just put them all on C-5 cargo aircraft and drop them over Cuba with parachutes."6

Attorney General William Barr declined to seek an independent counsel and named a retired judge, Frederick Lacey, who reported after 54 days: "I find Judge Shoob's specific charges against the USAO, and his concern about the interference of other agencies, to be inaccurate."7 A second Department of Justice review, the Hogan report of August 1993, found that an officer of the bank in Rome might have known of the lending but that the evidence would not support a prosecution. Officials of the CIA said that the head of the department's fraud section, Lawrence Urgenson, had urged the agency to withhold information on Drogoul, which Urgenson denied. Drogoul pleaded guilty to three counts before another judge in September 1993.38

Footnotes


  1. Federal Judicial Center, Biographical Directory of Federal Judges, "Shoob, Marvin Herman"; obituary, The Atlanta Journal-Constitution, June 2017. ↩︎

  2. United States v. Drogoul, 1 F.3d 1546 (11th Cir. 1993); Gonzalez, Henry B. "Update on BNL Investigation," Congressional Record, House, January 21, 1993. ↩︎

  3. "Justice probe finds no 'Iraqgate' conspiracy," Associated Press, in the San Francisco Chronicle archive. https://www.sfgate.com/news/article/justice-probe-finds-no-iraqgate-conspiracy-3160242.php ↩︎

  4. Order of Judge Marvin H. Shoob, dated October 5, 1992 (the text refers to the October 1 oral ruling), United States v. Drogoul, printed in House Committee on Banking, Finance and Urban Affairs, Testimony of Former Employees of the Banca Nazionale del Lavoro, Serial No. 103-95 (1994), pp. 205-206. https://archive.org/details/testimonyofforme1994unit ↩︎

  5. Senate Select Committee on Intelligence, The Intelligence Community's Involvement in the Banca Nazionale del Lavoro (BNL) Affair, Committee Print S. Prt. 103-12, February 1993, p. 24. https://www.intelligence.senate.gov/sites/default/files/publications/10312.pdf ↩︎

  6. Friedman, Alan. Spider's Web: The Secret History of How the White House Illegally Armed Iraq. Bantam, 1993, pp. 228-231. ↩︎

  7. Lacey, Report of the Independent Counsel, Serial No. 103-95, p. 473. https://archive.org/details/testimonyofforme1994unit ↩︎

  8. Lacey, Frederick B. "The Banca Nazionale del Lavoro Investigation: Report of the Independent Counsel," reproduced in House Committee on Banking, Finance and Urban Affairs, Serial No. 103-95. ↩︎