Name

UNDERWOOD, Bryan

Photo

Employer

Cleared American Guard (CAG) at the construction site of a new U.S. Consulate compound in Guangzhou, China.  CAGs are American civilian security guards who seek to prevent foreign governments from improperly obtaining sensitive or classified information from the U.S. Consulate.

Dates of Employment

February 2011 - 05 August 2011.  He is asked by law enforcement to assist in a project at the consulate in February 2011.  After he lost a substantial amount of money in March 2011, UNDERWOOD intended to use his assistance to U.S. law enforcement as a "cover" in order to make contact with the Chinese government.

Employee Type

Guard

Job Title/Duties

Contract guard working at U.S. Consulate under construction in Guangzhou, China

Military Rank

Former Marine

Clearance Level

Top Secret.  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, which included the prohibition on photography in certain areas of the consulate.

Spying For

Self-interests.  UNDERWOOD attempted to make contact with China's Ministry of State Security (MSS)

Codename

None determined

Spying Dates

1 March 2011- 5 August 2011

Ages when spying

31

Co-conspirators

None determined

Methodology

According to the indictment UNDERWOOD wrote a letter to Chinese officials after taking photographs of the U.S. consulate where he was assigned. In this letter UNDERWOOD expressed "interest in initiating a business arrangement" with Chinese officials through communicating both the photographs he had taken of his worksite as well as transmitting other national defense information to representatives of the People's Republic of China (PRC). According to US officials the letter was sent while UNDERWOOD was in China.

"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." - Letter that Bryan UNDERWOOD wrote to the MSS. He attempted to drop the letter off at the Chinese MSS building in Guangzhou, but was stopped by a guard who refused to accept the letter. He then left the letter unopened, believing that the MSS routinely conducted searches of apartments occupied by Americans.

May 2011: UNDERWOOD secreted a camera into the U.S. Consulate Compound and took photographs of a restricted building and its content.  The photographs depicted information classified at the Secret level.  UNDERWOOD also created a schematic that listed all of the security upgrades to the U.S. Consulate and drew a diagram of the surveillance camera locations at the consulate.  Investigators later determined that the disclosure of the material that UNDERWOOD photographed could cause serious damage to the United States.

Investigation

The investigation was conducted by the FBI's Washington Field Office with assistance from the State Department's Bureau of Diplomatic Security.

5 August 2011: UNDERWOOD is questioned by FBI authorities over the contents of his letter and photographs to Chinese officials; it is alleged that UNDERWOOD lied and told the authorities his intentions were to assist the FBI.

19 August 2011: Again interviewed by law enforcement agents and he admitted to planning to sell the photos, information, and access to the U.S. Consulate in Guangzhou to the Chinese MSS for his personal financial gain.

1 September 2011: UNDERWOOD is arrested on two counts of making false statements to the FBI.

21 September 2011: UNDERWOOD flees and fails to appear at a scheduled court date in Washington, DC in accordance with the conditions of his release.

24 September 2011: UNDERWOOD is arrested a second time by FBI authorities and additional charges are brought against him

According to US officials UNDERWOOD made the attempts "with the intent and reason to believe that these materials would be used to the injury of the United States and to the advantage of a foreign nation."

"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. Together with our partners, the FBI will continue to work to expose, investigate, and prevent acts of espionage that threaten our national security.” - FBI Assistant Director in Charge James W. McJunkin, 30 August 2012.

Possible Motivations, Problems

He wanted financial rewards for the information that he would provide to the Chinese MSS.  He intended to sell his information for between $3 million and $5 million dollars.

"Bryan Underwood was determined to make millions by selling secret photos of restricted areas inside a U.S. Consulate in China. 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.” - U.S. Attorney Ronald C. Machen, 30 August 2012.

Finances

March 2011: UNDERWOOD lost a substantial amount of money in the stock market.

Arrest Date/Location

1 September 2011 and again on 24 September 2011 in Los Angeles, CA

Charges

One count of attempting to communicate national defense information to a foreign government; two counts of making false statements; one count of failing to appear in court pursuant to his conditions of release

Court

U.S. District Court of the District of Columbia

Presiding Judge: U.S. District Judge Ellen S. Huvelle

Lawyers

Prosecution: The prosecution is being 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.

Status

29 September 2011:  Set to return to Washington, DC to face arraignment on superseding indictment; if convicted faces a maximum penalty of life imprisonment.

30 August 2012: Pleads 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.  Sentencing is scheduled for 19 November 2012 and UNDERWOOD faces up to life in prison.

Citizenship

United States

Residences

Indiana

Other Employment

Former Marine

Quotes

"As this case demonstrates, we remain vigilant in protecting America's secrets and in bringing to justice those who attempt to compromise them,” -Assistant Attorney General Monaco.

"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.This prosecution demonstrates that we remain vigilant in protecting America's secrets and in bringing to justice those who attempt to compromise them.” - Assistant Attorney General for National Security Lisa Monaco, 30 August 2012.

"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. The Diplomatic Security Service is firmly committed to thoroughly investigating all potential intelligence threats to our nation.” - Assistant Secretary of State Eric J. Boswell, 30 August 2012.

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