A Virginia man was charged last night with espionage. Kevin Patrick Mallory requested a court appointed lawyer when he appeared before the Eastern District of Virginia yesterday wearing a grey tank top and black Army shorts.
The arrest falls under the federal Espionage Act of 1917. The charges include making false statements to authorities and allegedly delivering classified documents to a suspected Chinese intelligence agent.
FBI agents searched Mallory’s home last night with K-9 dogs. They removed a number of boxes from the location. According to arrest documents, Mallory is self-employed by GlobalEx LLC, a company he established in 2010.
The Leesburg man speaks fluent Mandarin and has been employed by the U.S. government in different capacities over the last 30 years. He held active security clearance until he moved on the other pursuits in 2012. At that time, his top secret authorization was revoked.
Virginia Man Arrested and Charged With Espionage https://t.co/Xv4VlLpbBo
— Justice Department (@TheJusticeDept) June 22, 2017
According to the affidavit, the Army veteran worked as a special agent for the Diplomatic Security Service in the U.S. State Department for three years. From 1990, he was employed by government defense contractors and various agencies over the next 20 years.
Mallory’s suspicious activity began in April. The complaint stated that he traveled to Shanghai that month. Upon his return, U.S. Customs and Border Protection agents detained him at Chicago’s O’Hare Airport for failing to disclose $16,500 he had in his carry-on luggage.
At that time, the former CIA member told border agents that he had gone to China on a business trip that he also considered a father-son vacation.
Between March and April, Mallory contacted former CIA co-workers and asked if they could put him in touch with someone from the agency, but the name of the individual has not been released.
During a meeting with the government employee, he allegedly told the individual that he had been provided with a communication device from the Chinese contact he’d made and shown how to use it.
On May 24, Mallory intended to meet his Chinese contact, but the FBI prevented that trip. At the voluntary interview, Mallory claimed to have been approached by two Chinese individuals who said they were part of a “think tank.” Without compulsion, he turned over the communications device for a search.
At the time, he told investigators that he suspected the contacts were Chinese spies. Offering information about his previous military experience and government work, Mallory said that he had “training and overseas experience, which made it easy for him to spot tradecraft.”
The FBI has information that the think tank is regularly used as cover for Chinese Intelligence service agents.
Court documents reveal that he was introduced to the contact as a potential client. Mallory voluntarily demonstrated to FBI agents how to operate the device, which was designed “specifically for private communications.”
During the demonstration, Mallory showed interrogators how to move from normal to secure modes, but he “expressed surprise” when some of his message history had not been deleted.
At least one of the messages from Mallory to the Chinese agent said, “in the middle of June I can bring the remainder of the documents I have at that time.”
The suspect claimed that those documents referred to two white papers he had written which contained only open source information and public policy matters. He told agents he was baiting the contact to gain more time.
He was not telling the truth. Upon further examination, the device revealed another conversation where Mallory said, “Your object is to gain information, and my object is to be paid for.” The Chinese agent replied, “my current object is to make your security and to try to reimburse you.”
According to the affidavit, the agent also asked why some of the information was blacked out on the top and bottom of the documents. Mallory explained that the markings covered the top secret designations and assured the agent that the information was valuable.
Authorities discovered additional evidence that included a hand-written index describing eight different documents, four of which were stored on the device. Of the four, three contained secret information and one was designated “top-secret level.”
If convicted under the Espionage Act, Mallory could face 20 years in prison. However, prosecutor John Gibbs explained that if certain conditions are met, the charges may make him eligible for the death penalty.
With China spending billions every on espionage, cyber theft, and military build ups, Mallory’s treason is indefensible. The U.S needs patriots, not traitors. There are already enough liberals trying to sabotage the country from within, which makes Mallory’s suspected treachery nothing short of horrendous.