In at least the second reported case in just six months, a Maryland man has been arrested for allegedly lying during the federal security clearance process.

The Washington Post reports that Wayne Shelby Simmons, 62, of Annapolis, was taken into custody Thursday by the FBI and arraigned in Alexandria federal court on multiple charges, including false statements to the government, major fraud against the United States, and wire fraud. It is unclear if he has yet entered a plea to the charges.

Mr. Simmons reportedly has a prior federal conviction for being a felon in possession of a firearm. Nonetheless, he has been a frequent commentator on major media outlets, where he regaled viewers with his purported insider knowledge of covert operations. On his website, Mr. Simmons claims to have been recruited from the Navy into the CIA’s “outside paramilitary special operations group” and to have “spearheaded Deep Cover Intel Ops against some of the world’s most dangerous Drug Cartels and arms smugglers from Central and South America and the Middle East.” He even co-authored a book called the “Natanz Directive” that was seemingly based on his own experiences.

It is unclear what precipitated the criminal investigation, but prosecutors alleged in an indictment that Mr. Simmons managed to obtain a security clearance for federal contracting work by “falsely stating that he had been recruited to the CIA in 1973, that he had not previously been charged with or convicted of a felony offense, that his prior arrests and criminal convictions were directly related to his supposed intelligence work for the CIA, and that he had held a top secret security clearance from 1973 to 2000.”

Mr. Simmons’ case follows a separate case in June 2015, in which a Florida man was charged with lying to security clearance investigators about an alleged sexual relationship with a foreign national. Although both these cases involve rather extreme examples, they do seem to represent a more aggressive approach by the federal government in prosecuting cases of alleged false statements during the security clearance process. Applicants with potential issues are strongly advised to consult with an attorney before starting the background investigation process or submitting the SF-86.

 

This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation. 

Related News

Sean M. Bigley retired from the practice of law in 2023, after a decade representing clients in the security clearance process. He was previously an investigator for the Defense Counterintelligence and Security Agency (then-U.S. Office of Personnel Management) and served from 2020-2024 as a presidentially-appointed member of the National Security Education Board. For security clearance assistance, readers may wish to consider Attorney John Berry, who is available to advise and represent clients in all phases of the security clearance process, including pre-application counseling, denials, revocations, and appeals. Mr. Berry can be found at https://www.berrylegal.com/.