DOHA Denials Case Showcases Foreign Influence from Chinese Nationals is Still a Big Concern

The U.S. Intelligence Community (IC) ranks the People’s Republic of China (PRC) as the number one threat when it comes to protecting classified national security information and sensitive proprietary data. Reports from the Department of Homeland Security Office of Intelligence and Analysis, Departments of Justice and Commerce, and the Defense Security and Counterintelligence Agency (DCSA) all agree on the same thing; the PRC, followed by Russia, are the main adversaries who are trying to obtain information that will help their own countries counter, or even surpass U.S. technologies. A recent appeals cases from the Defense Office of Hearing and Appeals (DOHA) highlights these concerns. Here is a summary.

The applicant had previously held security clearances working as a DoD contractor, has invented several high-tech projects, and has patented several technologies from them. In 2018, he met a Chinese woman from an online dating site, and she immediately wanted to know who he worked for. On their second date, she disclosed she was in the country illegally. As required, he reported this information to his FSO. During their continuing romance she revealed she was in the business of stealing technology and selling it to the Chinese government. He promptly reported this conversation to his FSO and the FBI. The FBI contacted him and he voluntarily entered into an agreement to continue the relationship to gather more information on her government connections and uncover how she was stealing data.

Curiously, the FBI never confirmed with the applicant as to whether she was a spy working for the PRC, and instead told him to break off the relationship. The applicant did and then moved to a new job in another state. She contacted him a short while later and indicated she missed him and wanted to start a family. He took the bait and ended up marrying her. A few months afterwards, he reported the marriage to his FSO. He did not report that he had worked with the FBI previously or that he thought his now-wife might be a Chinese spy. A new set of FBI agents contacted him and due to concerns about his wife’s influence over him, barred access to his place of work and notified his employer. He was subsequently terminated, and after numerous other red flags, he eventually left her and their child. Following all of this, she tried blackmailing him by saying she would not seek child support if he provided her with information she was seeking.

In his appeal hearing at DOHA, his current FSO testified that they were aware of the circumstances of this previous relationship and had developed a “threat mitigation plan” for the applicant. Regardless, the DOHA judge pointed out the applicant had a child with this Chinese national and due to the fact he continues to communicate with her regularly, it appears she still holds influence over him. Although the applicant is purported to be a loyal American patriot, he has placed himself into a situation where there is the possibility of compromising national security – clearance eligibility denied.