WASHINGTON—Bryan
Underwood, a former civilian guard at a U.S. Consulate compound under
construction in China, pleaded guilty today in the District of Columbia
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).
At a hearing today before U.S. District Judge Ellen S. Huvelle,
Underwood pleaded guilty 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.
The guilty plea was announced by Lisa Monaco, Assistant Attorney
General for National Security; Ronald C. Machen, Jr., U.S. Attorney for
the District of Columbia; James W. McJunkin, Assistant Director in
Charge of the FBI’s Washington Field Office; and Eric J. Boswell,
Assistant Secretary of State for Diplomatic Security.
Underwood, 32, a former resident of Indiana, was first charged in an
indictment on August 31, 2011, with two counts of making false
statements and was arrested on September 1, 2011. On September 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 September 24, 2011. On September
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.
Sentencing for Underwood has been scheduled for November 19, 2012. He
faces a maximum potential sentence of life in prison.
“Bryan Underwood was charged with protecting a new U.S. Consulate
compound against foreign espionage, but, facing financial hardship, he
attempted to betray his country for personal gain,” said Assistant
Attorney General Monaco. “This prosecution demonstrates that we remain
vigilant in protecting America’s secrets and in bringing to justice
those who attempt to compromise them.”
“Bryan Underwood was determined to make millions by selling secret
photos of restricted areas inside a U.S. Consulate in China,” said U.S.
Attorney Machen. “His greed drove him to exploit his access to America’s
secrets to line his own pockets. The lengthy prison sentence facing
Underwood should chasten anyone who is tempted to put our nation at risk
for personal gain.”
“Bryan Underwood sought to benefit from his access to sensitive
information, but his attempted betrayal was detected before our nation’s
secrets fell into the wrong hands,” said FBI Assistant Director in
Charge McJunkin. “Together with our partners, the FBI will continue to
work to expose, investigate, and prevent 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 capture and conviction of Bryan Underwood before
he could harm the security of our country,” said Assistant Secretary of
State Boswell. “The Diplomatic Security Service is firmly committed to
thoroughly investigating all potential intelligence threats to our
nation.”
According to court documents, from November 2009 to August 2011,
Underwood worked as a cleared American guard (CAG) at the construction
site of a new U.S. Consulate compound in Guangzhou, China. 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
U.S.
Consulate. 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.
Plan to Sell Information and Access for $3 Million to $5 Million
In February 2011, Underwood was asked by U.S. law enforcement to
assist in a project at the consulate, and he agreed. In March 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 U.S. Consulate
compound and took photographs of a restricted building and its contents.
Many 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 many of the photographs contained images classified at
the secret level and that disclosure of such material could 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 August 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.
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 is being handled by the U.S. Attorney’s Office for the
District of Columbia and Trial Attorney Brandon L. Van Grac