Polygraph at Issue in U.S. v. James J. Smith

On Wednesday, 7 May 2003, a federal grand jury in Los Angeles indicted former FBI supervisory special agent James J. Smith over his handling of confidential informant and accused Chinese double agent Katrina M. Leung. The indictment alleges Smith failed to report Leung’s refusal in 1991 to submit to a polygraph examination and instead represented to the FBI that the information provided by Leung was supported by polygraph results. Excerpt:

X. On or about May 31, 1991, defendant SMITH requested that Katrina Leung take a polygraph examination to establish her continuing bona fides and reliability. Katrina Leung refused to take a polygraph examination. Defendant SMITH never reported Katrina Leung’s refusal to take a polygraph examination to the FBI.

XI. On or about June 7, 1991, defendant SMITH submitted to the FBI a required periodic asset evaluation report relating to Katrina Leung. In this report, defendant SMITH stated that Leung was “reliable” and that her reliability and bona fides had been tested, checked, and reviewed in part through the use of a polygraph examination. Defendant SMITH failed to disclose material information in this report, including: (1) that he was involved in a sexual relationship with Katrina Leung; (2) that Katrina Leung had admitted secret unauthorized communications with an MSS officer “Mao”; (3) that Katrina Leung had stated that the MSS officer “Mao” had learned Leung was an FBI asset; and (4) that, in May 1991, Katrina Leung had refused to take a polygraph examination.

The full text of the indictment in U.S. v. James J. Smith may be downloaded here:

http://news.findlaw.com/cnn/docs/fbi/ussmith50703ind.pdf

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