II. FACTUAL BACKGROUND A. Private intelligence agencies
Wikipedia describes a private intelligence agencies as follows:
A private intelligence agency is a private sector (non-governmental) organization devoted to the collection and analysis of information, most commonly through the evaluation of public sources (OSINT or Open Source INTelligence) and cooperation with other institutions. Some private agencies make their services available to governments as well as individual consumers; however, most of these agencies sell their services to large cooperations with an interest or investment in the category (e.g. crime, disease, corruption, etc.) or the region (e.g. Middle East, Vietnam, Prague, etc.). Some private agencies also provide related services, such as security personnel, surveillance equipment, medical evacuation or traveler's insurance.
The private intelligence industry has boomed due to shifts in how the US government is conducting espionage in the War on Terror. Functions previously performed by the CIA and other intelligence agencies are now outsourced to private intelligence corporations.
Private intelligence agency - Wikipedia, the free encyclopedia
The proliferation of private intelligence agencies demonstrates that their services are not a peculiarly government function, but something that non-governmental actors can and do perform.
In fact, Monaco’s prior trial counsel in this case, Stanley Arkin, also owns a private intelligence agency called the The Arkin Group which it is believed was retained to investigate Eringer and his counsel in this matter (ER vol. 2, pg. 82).One authority on private intelligence agencies is Mr. Arkin’s partner in The Arkin Group, Jack Devine. Mr. Devine is a 32-year veteran of the CIA. In recognition of his expertise, on August 20, 2009, Mr. Devine was a panelist at the National Press Club’s “Newsmakers” event where he discussed the privatization of intelligence and outsourcing by the CIA (ER vol. 2, pg. 82, 159).
Private intelligence agencies are numerous and are called upon by private individuals and government to supply information and handle tasks. There is nothing quintessentially governmental about this conduct.
B. Much of the work requested of Eringer was personal in nature to Prince Albert
When paid his quarterly retainer, Eringer performed all tasks assigned to him by Prince Albert. Some of these tasks related to governmental matters such as investigating corruption and criminality in Monaco. These tasks included investigations into money laundering, organized crime, government corruption, and background investigations on government officials. To aid in these tasks, with Prince Albert’s authorization, Eringer established liaison relationships with foreign intelligence agencies to facilitate information sharing and coordination when necessary. Eringer managed and operated these intelligence activities in his role as a private contractor and always sought Prince Albert’s authorization before taking action (ER vol. 2, pg. 75).
