United States v. Guertin

United States v. Guertin

Opinion

MEMORANDUM OPINION

Paul Michael Guertin stands accused of committing wire fraud, in violation of 18 U.S.C. § 1343 (Count I), and obstructing an official proceeding, in violation of 18 U.S.C. § 1512(c)(2) (Count II). He seeks dismissal of the Indictment, arguing that his alleged misconduct—false statements relating to a routine security clearance renewal—does not support an offense under either provision. The Court agrees. Although both statutes are notoriously capacious, they have limits, and the Government strays beyond those limits here.

Guertin is a former Foreign Service Officer in the U.S. Department of State.¹ During part of his ten-year tenure, Guertin served at the U.S. Consulate in Shanghai adjudicating visa applications. He also served in the [*2]  Department of State's Intelligence & Research Division in Washington, D.C. As a condition of his employment, Guertin had to pass periodic background-and security-clearance investigations.

In 2010 and 2016, Guertin allegedly lied on his background investigation questionnaire, the Standard Form 86 (SF-86). According to the Government, Guertin failed to disclose certain information required by the SF-86—a sexual relationship with a foreign national whose visa application he had adjudicated; certain financial problems arising out of gambling activity; and an undisclosed loan agreement with two Chinese nationals collateralized by Guertin's home.² Guertin also allegedly lied to State Department investigators during the background investigation to conceal this information. A federal grand jury indicted Guertin, charging him with wire fraud, see 18 U.S.C. § 1343 (Count I), and obstructing an official proceeding, see id. § 1512(c)(2) (Count II). Indictment ⁋⁋ 20-36, 37-38. Guertin now moves to dismiss the Indictment, arguing the Government has not alleged facts supporting a conviction under either Count. See Mot. to Dismiss (MTD), ECF No. 21.

The motion is ripe for resolution and the Court has jurisdiction. See 18 U.S.C. § 3231.

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