Former Federal Employee Charged with Espionage

Kevin Mallory, a 60-year-old former U.S. State Department and Central Intelligence Agency employee from Leesburg, VA, was charged Thursday with espionage.

Mallory is accused of transmitting numerous documents, including at least one “Top Secret” document, to Chinese intelligence.

While returning from a trip to China in April, Mallory was found by U.S. Border and Customs Protection to have over $16,000 of undeclared cash in his luggage, which he originally claimed he received from an individual affiliated with his church. After contacting American authorities under the guise of cooperation, subsequent examination of Mallory’s phone indicated he had still not disclosed the full extent of his involvement with the Chinese government. A full forensic analysis of his phone revealed details of payments received in exchange for documents deemed to be relevant to matters of national security.

According to an affidavit from FBI agent Stephen Green:

“Mallory told the agents that during his most recent trip to the PRC in April 2017, he had been given the device by [one Chinese contact] and was trained to use it specifically for private communications with [that contact], an individual he believes works for the PRCIS [Peoples' Republic of China Intelligence Services]. Mallory based this assessment on the multiple examples of PRCIS tradecraft and taskings which would be consistent with PRC government officials or intelligence officers, and would be inconsistent with the practices of a legitimate commercial company. Mallory told the FBI agents that he was a former U.S. government employee who had training and overseas operational experience, which made it easy for him to spot tradecraft.”

Among the exchanges found on Mallory’s phone – in secret exchanges Mallory is said to have believed he’d successfully deleted – Mallory wrote, “your object is to gain information, and my object is to be paid for,” to which his contact responded, “My current object is to make sure your security and try to reimburse you.”

Espionage charges and, moreso, espionage convictions are historically fairly rare. If convicted, Mallory could face life in prison.

Dana Boente, acting assistant attorney general for national security and the U.S. Attorney for the Eastern District of Virginia, where the case will be prosecuted, said in a statement that the charges "should send a message to anyone who would consider violating the public's trust and compromising our national security by disclosing classified information."

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