D.C. Circuit Affirms Dismissal of All Charges Against C&P Client Former State Department Foreign Service Officer
In yet another victory for our client, a three-judge panel of the D.C. Circuit Court of Appeals unanimously affirmed the dismissal of an indictment against C&P client Paul Guertin, a decorated former Foreign Service Officer.
The indictment alleged that Mr. Guertin withheld information on his Standard Form-86 (“SF-86”) during his periodic security clearance review process as part of his State Department employment. The government pursued an unusual and aggressive legal strategy, charging Mr. Guertin with wire fraud (18 U.S.C. § 1343) on the (now-discredited) theory that he fraudulently obtained his ongoing salary through the alleged omissions.
In a landmark ruling, the D.C. Circuit unanimously affirmed the dismissal of all charges. Noting that “Guertin received glowing performance reviews during his tenure with the State Department,” the Court held that any alleged misrepresentations in the security clearance renewal process were not related to Guertin’s work responsibilities and the employer-employee bargain, and thus, the government was not defrauded.
The court went on to state, “Employers typically have great discretion in establishing conditions of employment, as they see fit. However, in light of the Supreme Court’s pronouncements, it surely cannot be said that an employee’s breach of any important condition of employment that is facilitated by wire transmission is tantamount to a ‘scheme’ to defraud the employer of ‘money or property’ in violation of section 1343. This is not the law.”
Since it affirmed the dismissal of the case, the Court did not address Mr. Guertin’s separate appeal concerning the admissibility of personal emails obtained as a result of numerous false statements in sworn testimony by State Department OIG Agent Robin Leipfert. Unfortunately, these false statements were repeated to the grand jury that issued the now-dismissed indictment, causing Mr. Guertin significant reputational harm.
Partner Matthew Peed called the unanimous ruling “a major victory for our client and a vindication of common-sense limits on federal prosecutorial overreach.” He added, “While Mr. Guertin will not get a chance to prove his innocence in court, we are pleased that this misguided prosecution has finally come to an end."
A description of the district court’s initial ruling in January 2022 dismissing all charges is available here:
https://clintonpeed.com/news/2022/01/24-guertin
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Clinton & Peed has a long history of representing criminal defendants facing novel and complex federal charges, from high seas piracy, to international terrorism and hostage taking, to wire fraud.