Ex-FSO Indicted For Concealing Information in Background Investigation

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On April 2, the Department of Justice announced the indictment of a former State Department employee, a Foreign Service officer for “intentionally concealing information on his SF-86 background investigation questionnaires and in interviews with State Department background investigators.”
Congressional record indicates that a Paul M. Guertin of RI was confirmed by the U.S. Senate by voice vote on October 21, 2011  for his appointment as Foreign Service Officer of Class Four, Consular Officer and Secretary in the Diplomatic Service of the United States of America.
 Via USDOJ: Former State Department Employee Indicted for Concealing Information in Background Investigation

Paul Michael Guertin (“Guertin”), 40, of Arizona and former resident of Washington, DC, was indicted on March 29, 2021 by a federal grand jury in the District of Columbia for wire fraud and obstructing an official proceeding. The indictment was announced by Acting U.S. Attorney Channing D. Phillips and Special Agent in Charge Elisabeth Heller, of the U.S. Department of State, Office of Inspector General.

Guertin was a Foreign Service Officer who served on multiple State Department assignments, including overseas postings to U.S. diplomatic missions in Shanghai, China and Islamabad, Pakistan, and a posting to the Bureau of Intelligence and Research at State Department headquarters in Washington, DC. As a condition of his employment, Guertin was required to apply for and maintain a Top Secret security clearance.  According to the indictment, Guertin intentionally concealed information on his SF-86 background investigation questionnaires and in interviews with State Department background investigators. He withheld information about several categories of conduct, including an undisclosed sexual relationship with a Chinese national, whose U.S. visa application was adjudicated by Guertin while he was serving as a consular officer in Shanghai, China; undisclosed gambling debts; and an undisclosed $225,000 loan from two Chinese nationals, who were directed by Guertin to provide $45,000 of the initial disbursement in the form of cash in $100 bills.

An indictment is a formal accusation of criminal conduct, not evidence of guilt.  A defendant is presumed innocent unless proven guilty.

This matter was investigated by the U.S. Department of State, Office of Inspector General and is being prosecuted by Assistant U.S. Attorneys Christopher Brown and Thomas Gillice, with assistance from Paralegal Specialist Chad Byron.

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SF-86 form clearly states under Penalties for Inaccurate or False Statements that “the U.S. Criminal Code (title 18, section 1001) provides that knowingly falsifying or concealing a material fact is a felony which may result in fines and/or up to five (5) years imprisonment.”
According to the indictment, the Grand Jury was sworn in on January 28, 2021. The indictment includes two offenses: Count One: 18 U.S.C. § 1343: (Wire fraud); Count Two: 18 U.S.C. § 1512(c)(2) (Obstructing an official proceeding) plus Forfeiture: 18 U.S.C. § 981(a)(1)(C); 28 U.S.C. § 2461(c); 21 U.S.C. § 853(p) according to the court filing. Grand juries are composed of 16 to 23 citizens, who hear a wide range of criminal cases and decide whether there is evidence to justify indictments sought by federal prosecutors. To return an indictment, a minimum of 12 members of a grand jury must find probable cause.
Excerpts below from the indictment filed in the U.S. District Court for the District of Columbia:

3. During his tenure as a Foreign Service Officer, GUERTIN served on multiple State Department assignments abroad, including postings to diplomatic missions in Shanghai, China and Islamabad, Pakistan. GUERTIN also served at State Department headquarters in the District of
Columbia in the Bureau of Intelligence & Research (“INR”), the State Department’s intelligence office. GUERTIN was later assigned to language training in Taipei, Taiwan.

9. In connection with his initial employment with the State Department and periodic re-investigations, GUERTIN signed and submitted SF-86 forms on or about September 27, 2005; November 19, 2010; and April 3, 2016.

The indictment cites Guertin’s “undisclosed conduct” that includes Undisclosed Romantic Relationship with Chinese National Whose U.S. Visa Application GUERTIN Adjudicated; Undisclosed Financial Problems Due to Gambling; and Undisclosed $225,000 Loan Agreement with Two Chinese Nationals, Collateralized by GUERTIN’s House. The indictment also cites some electronic communication.

15. In or about June 2008, GUERTIN conducted a visa application interview with CHINESE NATIONAL 1 in his capacity as a consular officer at the U.S. Consulate in Shanghai, China. On or about June 11, 2008, GUERTIN favorably adjudicated CHINESE NATIONAL 1’s application for a U.S. visa.

16. Two days later, on or about June 13, 2008, GUERTIN sent CHINESE NATIONAL1 an e-mail stating: “I gave you an interview a few days ago here in Shanghai, and thought you were very cute and interesting! 🙂 Was wondering if you’d be interested in going out for dinner or a bite to eat sometime.” GUERTIN initiated a personal and sexual relationship with CHINESE NATIONAL 1 that lasted through at least in or about July 2009.

26. On or about July 13, 2015, GUERTIN sent an e-mail to an associate requesting an emergency loan of $10,000 in order to pay down his gambling debts in advance of his security clearance re-investigation. GUERTIN stated: “I desperately need 10 dimes to get my [stuff] in order and pass a security clearance review to hold onto my job.” GUERTIN further explained: “Every 5 years the State Dept. does a security clearance re-investigation, and mine is coming up in 3 months, and they’re for sure going to see that my credit score dropped hard from the last time they checked. That will cause them to get suspicious, and then they’ll search my bank account transactions and find all the gambling related [stuff]. . . . [t]hey’1l send me home from Taiwan and if they revoke my security clearance I’Il lose my job within 6 months.”

30. On or about April 15, 2015, GUERTIN directed CHINESE NATIONAL 2 and CHINESE NATIONAL 3 to meet him at a location in the District of Columbia for the purpose of withdrawing $45,000 in cash from their bank account for a further disbursement of the $225,000 loan. GUERTIN instructed them: “Also please ask the bank manager to give you as much as possible of the money in $100 bills so it’s not so ridiculously bulky to carry around and deposit, thx!”

The indictment does not indicate what happened in August 2017 when his employment apparently ended. It is also not clear when and for how long was he posted at INR.
The indictment does not explain Guertin’s relationship with the two Chinese nationals only referred to as Chinese National 2 and Chinese National 3.  Guertin was posted in Shanghai in 2008 which would have been a two-year tour. The loan agreement with the two Chinese nationals allegedly occurred in April 2015. We should learn more if  this case progresses in court.
USA v. Guertin was assigned to Judge Trevor N. McFadden in the U.S. District Court for the District of Columbia. As this article notes, an indictment is not a statement of guilt — it is only a determination that enough evidence exists to move forward with charges. The defendant will have an opportunity to enter a plea. As of this writing, no initial appearance has been noted in court, and no plea has been entered.

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