Bryan Underwood, a former civilian guard at a U.S. Consulate compound
under construction in China, was sentenced today to nine years in prison
in connection with his efforts to sell for personal financial gain
classified photographs, information and access related to the U.S.
Consulate to China’s Ministry of State Security (MSS), announced Lisa
Monaco, Assistant Attorney General for the Justice Department’s National
Security Division; Ronald C. Machen Jr., U.S. Attorney for the District
of Columbia; Valerie Parlave, Assistant Director in Charge of the FBI’s
Washington Field Office; and Gregory B. Starr, Director of the U.S.
State Department’s Diplomatic Security Service.
Underwood pleaded guilty Aug. 30, 2012, in the U.S. District Court for
the District of Columbia to one count of attempting to communicate
national defense information to a foreign government with intent or
reason to believe that the documents, photographs or information in
question were to be used to the injury of the United States or to the
advantage of a foreign nation. He was sentenced by the Honorable Ellen
S. Huvelle. Upon completion of his prison term, Underwood will be placed
on two years of supervised release.
Underwood, 32, a former resident of Indiana, was first charged in an
indictment on Aug. 31, 2011, with two counts of making false statements
and was arrested on Sept. 1, 2011. On Sept. 21, 2011, he failed to
appear at a scheduled status hearing in federal court in the District of
Columbia. The FBI later located Underwood in a hotel in Los Angeles and
arrested him there on Sept. 24, 2011. On Sept. 28, 2011, Underwood was
charged in a superseding indictment with one count of attempting to
communicate national defense information to a foreign government, two
counts of making false statements and one count of failing to appear in
court pursuant to his conditions of release.
“Bryan Underwood betrayed America’s trust by attempting to sell access
to secure areas of the very U.S. Consulate compound he was charged to
protect,” said Assistant Attorney General Monaco. “Today, he is being
held accountable for his actions. As this case demonstrates, we remain
vigilant in protecting America’s secrets and in bringing to justice
those who seek to compromise them.”
“Access to classified
information is a special responsibility to be honored, not a financial
opportunity to be exploited,” said U.S. Attorney Machen. “Bryan
Underwood is going to prison because he tried to make millions by
selling secret photos of a U.S. Consulate to a foreign government. His
sentence demonstrates our dedication to jealously guarding our nation’s
secrets. We all owe a great debt of gratitude to the agents who
detected and stopped Underwood before he succeeded in betraying our
country.”
“Bryan Underwood attempted to betray his country by
using his access to sensitive information for his own benefit.
Fortunately, he was stopped before classified information fell into the
wrong hands,” said FBI Assistant Director in Charge Parlave. “Together
with our partner agencies, the FBI will continue to diligently work to
combat potential acts of espionage that threaten our national security.”
“The close working relationship between the U.S. Department of State’s
Diplomatic Security Service, the FBI and the U.S. Attorney’s Office
resulted in the conviction of Bryan Underwood before he could
potentially harm the security of our country,” said Director Starr of
the Diplomatic Security Service. “This was a great success by all of the
agencies involved.”
According to court documents, from November 2009 to August 2011,
Underwood worked as a cleared American guard (CAG) at the site of a new
U.S. consulate compound that was under construction in Guangzhou,
China. During this time, the compound was not yet operational. CAGs are
American civilian security guards with top secret clearances who serve
to prevent foreign governments from improperly obtaining sensitive or
classified information from the construction site. Underwood received
briefings on how to handle and protect classified information as well as
briefings and instructions on security protocols for the U.S.
Consulate, including the prohibition on photography in certain areas of
the consulate.
In February 2011, Underwood was asked by U.S. law enforcement to assist
in a project at the consulate and he agreed. In March and April of 2011,
Underwood lost a substantial amount of money in the stock market.
According to court documents, Underwood then devised a plan to use his
assistance to U.S. law enforcement as a “cover” for making contact with
the Chinese government. According to his subsequent statements to U.S.
law enforcement, Underwood intended to sell his information about and
access to the U.S. Consulate to the Chinese MSS for $3 million to $5
million. If any U.S. personnel caught him, he planned to falsely claim
he was assisting U.S. law enforcement.
As part of his plan, Underwood wrote a letter to the Chinese MSS,
expressing his “interest in initiating a business arrangement with your
offices” and stating, “I know I have information and skills that would
be beneficial to your offices [sic] goals. And I know your office can
assist me in my financial endeavors.” According to court documents,
Underwood attempted to deliver this letter to the offices of the Chinese
MSS in Guangzhou, but was turned away by a guard who declined to accept
the letter. Underwood then left the letter in the open in his
apartment hoping that the Chinese MSS would find it, as he believed the
MSS routinely conducted searches of apartments occupied by Americans.
In May 2011, Underwood secreted a camera into the new U.S. consulate
compound and took photographs of a restricted building and its contents.
Several of these photographs depict areas or information classified at
the Secret level. Underwood also created a schematic that listed all
security upgrades to the U.S. consulate and drew a diagram of the
surveillance camera locations at the consulate. In addition, according
to his subsequent statements to U.S. law enforcement, Underwood
“mentally” constructed a plan in which the MSS could gain undetected
access to a building at the U.S. consulate to install listening devices
or other technical penetrations.
According to court documents, the photographs Underwood took were
reviewed by an expert at the State Department’s Bureau of Diplomatic
Security who had original classification authority for facilities,
security and countermeasures at the U.S. Consulate. The expert
determined that several of the photographs contained images classified
at the Secret level and that disclosure of such material could
potentially cause serious damage to the United States.
In early August 2011, Underwood was interviewed several times by FBI and
Diplomatic Security agents, during which he admitted making efforts to
contact the Chinese MSS, but falsely claimed that he took these actions
to assist U.S. law enforcement. On Aug. 19, 2011, Underwood was again
interviewed by law enforcement agents and he admitted that he planned to
sell photos, information and access to the U.S. Consulate in Guangzhou
to the Chinese MSS for his personal financial gain.
After initially being arraigned in this case on Sept. 1,
2011, Underwood was released on his personal recognizance, with certain
conditions, including staying within the Washington, D.C. metropolitan
area and returning to court for a status hearing on Sept. 21, 2011.
Instead of returning to court as promised, Underwood purchased a
bicycle, racks, panniers, helmet and multiple energy snack bars. He left
a fake suicide note at his hotel room in Springfield, Va. Then, alive
and well, he pedaled west out of Springfield and eventually boarded a
bus in Wytheville, Va., under a false name. He was arrested on Sept. 24,
2011 in a hotel room in Los Angeles, with over $10,000 in cash and
80,000 Japanese yen. He has been in custody ever since.
The U.S. government has found no evidence that Underwood succeeded in
passing classified information concerning the U.S. Consulate in
Guangzhou to anyone at the Chinese MSS.
This investigation was conducted jointly by the FBI’s Washington Field
Office and the State Department’s Bureau of Diplomatic Security. The
prosecution was handled by the U.S. Attorney’s Office for the District
of Columbia and Trial Attorney Brandon L. Van Grack from the
Counterespionage Section of the Justice Department’s National Security
Division.