18 U.S.C. § 1924 - Unauthorized Removal and Retention of Classified Documents
In the U.S., safeguarding classified information is essential for national security. When government officials, employees, or contractors mishandle or remove classified materials without permission, it can cause serious harm to the country.
As a result, Title 18 U.S.C. 1924 makes it a federal offense to take or keep classified documents in unauthorized places knowingly. In simple terms, this federal law addresses the illegal removal of classified documents.
It is a crime for any U.S. government officer, employee, contractor, or consultant to knowingly possess and improperly remove classified materials without proper authorization.
Additionally, to be convicted under this statute, the individual must have intentionally kept the documents at an unauthorized location.
Mishandling classified documents is a serious crime and breaches national security. In essence, it is a federal offense to mishandle, misuse, or abuse classified information, as such actions can threaten the United States and its interests.
What Does Section 1924 Say?
18 U.S.C. 1924 says, "(a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be…."
Violating this statute can lead to fines, up to five years of federal imprisonment, or both.
The seriousness of the penalties varies depending on the classification of the information, the intended use of the data, and the damage resulting from mishandling.
Definition of Classified Information
Classified information consists of data or materials considered sensitive to U.S. national security. This encompasses all types of classified content, such as written documents, digital files, emails, and other digital formats.
These are divided into three levels: Confidential, Secret, and Top Secret.
18 U.S.C. 1924(c) defines explicitly classified information as "information originated, owned, or possessed by the United States Government concerning the national defense or foreign relations of the United States that has been determined pursuant to law or Executive order to require protection against unauthorized disclosure in the interests of national security."
This part of the law addresses the unauthorized removal of classified documents or materials from their designated storage locations.
Retention of Classified Material
Retention involves maintaining classified documents or materials beyond the allowed timeframe or without proper clearance. Here are additional important points to consider if you are accused of violating this law:
- The law does not mandate the government to prove that the removal or retention of these classified documents resulted in any harm. It only needs to demonstrate that you acted knowingly, willfully, and without permission.
- Prosecutors do not need to prove that you actually kept classified information to secure a conviction. They only need to demonstrate that you intended to keep it, regardless of whether there is evidence showing that you did.
What Must Be Proven to Convict?
Initially, to convict someone of this crime, the government must demonstrate beyond a reasonable doubt that three specific elements are met.
- The defendant was a government officer, employee, contractor, or another individual legally responsible for the custody and control of classified documents.
- The defendant unlawfully and intentionally took these documents from their proper locations.
- The defendant planned to keep those documents at a location without permission.
What Are the Related Federal Statutes?
Chapter 93 of 18 U.S. Code, which covers Public Officers and Employees, includes several federal statutes related to 18 U.S.C. 1924, addressing the unauthorized removal of classified documents, such as the following:
- 18 U.S.C. 1901 - Collecting officer trading in public property
- 18 U.S.C. 1902 - Disclosure of crop information
- 18 U.S.C. 1903 - Speculation in stocks affecting crop insurance
- 18 U.S.C. 1905 - Disclosure of confidential information
- 18 U.S.C. 1906 - Disclosure of bank examination information
- 18 U.S.C. 1907 - Disclosure of information by farm credit examiner
- 18 U.S.C. 1909 - Examiner performing other services
- 18 U.S.C. 1910 - Nepotism in the appointment of a receive;
- 18 U.S.C. 1911 - Receiver mismanaging property
- 18 U.S.C. 1912 - Unauthorized fees for vessel inspection
- 18 U.S.C. 1913 - Lobbying with appropriated money
- 18 U.S.C. 1915 - Compromise of customs liabilities
- 18 U.S.C. 1916 - Unauthorized lapsed appropriations
- 18 U.S.C. 1917 - Interference with civil service examinations
- 18 U.S.C. 1918 - Disloyalty against the Government
- 18 U.S.C. 1919 - False statement for unemployment compensation
- 18 U.S.C. 1920 - False statement for employee compensation
- 18 U.S.C. 1922 - Withheld report for employee compensation
- 18 U.S.C. 1923 - Fraudulent receipt of payments of missing persons
What Are the Penalties If Convicted?
Violating 18 U.S. Code 1924 can lead to serious penalties. A conviction may result in the following consequences:
- Maximum sentence of 5 years in federal prison.
- Fines of up to $250,000, or
- Both penalties include fines and imprisonment.
What Defenses Exist for 18 U.S.C. 1924?
Although removing and retaining classified documents is a serious crime, a skilled federal criminal defense lawyer can explore various defenses, as outlined below.
One potential argument is the absence of intent. Your lawyer might contend that you did not knowingly remove or keep classified information, and that any actions were accidental or inadvertent.
We might argue that there was a lack of knowledge. For instance, your attorney could demonstrate that you were unaware that you were removing classified documents or materials without permission.
Alternatively, we could claim there was a mistake of fact. Your attorney might argue that you believed the information was unclassified and had no reason to think it was classified.
We might argue that whistleblower protections apply, as individuals disclosing classified information to report misconduct are sometimes protected by law.
Federal pretrial diversion is a discretionary program that lets some accused of federal crimes avoid prosecution by completing supervision and compliance.
Our law firm offers legal representation for federal criminal cases across the United States. You can reach out for a case review by phone or through our contact form. Eisner Gorin LLP is based in Los Angeles, California.
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