The U.S. Justice Department
released the below information:
Kevin Patrick Mallory, 60, of
Leesburg, Virginia, made his initial appearance in federal court today on
charges that he transmitted Top Secret and Secret documents to an agent of the
People’s Republic of China. According to the affidavit in support of the criminal
complaint, Mallory, travelled to Shanghai in March and April 2017 and met with
an individual (PRC1), who he believed was working for the People’s Republic of
China Intelligence Service (PRCIS).
The announcement was made by
Dana J. Boente, Acting Assistant Attorney General for National Security and the
U.S. Attorney for the Eastern District of Virginia; and Andrew W. Vale,
Assistant Director in Charge of the FBI’s Washington Field Office.
“The conduct alleged in this
complaint is serious, and these charges should send a message to anyone who
would consider violating the public’s trust and compromising our national
security by disclosing classified information,” said Mr. Boente.
“Kevin Mallory was previously
entrusted with Top Secret clearance and therefore had access to classified
information, which he allegedly shared and planned to continue sharing with
representatives of a foreign government,” said Mr. Vale. “Furthermore, he
allegedly misled investigators in a voluntary interview about sharing of this
classified information. The FBI will continue to investigate those individuals
who put our national security at risk through unauthorized disclosures of
information.”
During a voluntary interview with
FBI agents on May 24, Mallory stated that PRC1 represented himself as working
for a People’s Republic of China think tank, the Shanghai Academy of Social
Sciences (SASS). Since at least 2014, the FBI has assessed that Chinese
intelligence officers have used SASS affiliation as cover identities.
Mallory told FBI agents he
travelled to Shanghai separately in March and April to meet with PRC1 and
PRC1’s boss. After Mallory consented to a review of a device he had been using
to communicate with PRC1, FBI viewed a message from Mallory to PRC1 in which
Mallory stated that he had blacked out security classification markings on
documents transmitted to PRC1. Analysis of the device also revealed a
handwritten index describing eight different documents. Four of the eight
documents listed in the index were found stored on the device, with three
containing classified information pertaining to the same U.S. government
agency. One of those documents was classified TOP SECRET, while the remaining
two documents were classified SECRET.
Mallory, a self-employed
consultant with GlobalEx LLC, is a U.S. citizen who speaks fluent Mandarin
Chinese. He has held numerous positions with various government agencies and
several defense contractors. As required for his various government positions,
Mallory obtained a Top Secret security clearance, which was active during
various assignments during his career. Mallory’s security clearance was
terminated in October 2012 when he left government service.
Mallory was arrested this
morning and is charged with gathering or
delivering defense information to aid a foreign government, and making material
false statements. If convicted, Mallory faces a maximum sentence of life in
prison. The maximum statutory sentence is prescribed by Congress and is
provided here for informational purposes. If convicted of any offense, the
sentencing of the defendant will be determined by the court based on the
advisory Sentencing Guidelines and other statutory factors.
Trial Attorney Jennifer
Kennedy Gellie of the National Security Division’s Counterintelligence and
Export Control Section and Assistant U.S. Attorney John T. Gibbs for the
Eastern District of Virginia are prosecuting the case.
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