Plea Deal For Accused Double Agent

A woman once accused of being a Chinese double agent while having a love affair with an FBI agent pleaded guilty Friday to making a false statement and filing a false tax return.

In a surprise ending to a case in which implications of sex and intrigue overwhelmed suggestions of spying, Katrina Leung admitted she lied to the FBI about her intimate relationship with her FBI handler, James J. Smith, and that she failed to include all her income on her tax returns for the year 2000.

Leung, a 51-year-old socialite who lives in the wealthy suburb of San Marino, stood between her attorneys as she addressed a federal judge.

"I'm looking forward to putting this behind me and continuing on in this beautiful country," she said. "God bless America."

Leung already spent three months in jail and 18 months in home detention. The plea deal provided for no more time in custody, three years of probation, 100 hours of community service and a $10,000 fine. She agreed to government debriefings, including use of polygraph devices.

Leung acknowledged that when she was questioned by the FBI about Smith she told them that he was "just a good family friend" and that she had never traveled with him abroad. In her plea she said she traveled with him to Hong Kong and England and they did have an intimate relationship.

She said she concealed $35,000 in payments from the FBI and $16,389 in rental income on her tax return.

The tax return was filed for her and her husband. The judge said the plea agreement relieves him of all further tax consequences as well. Her husband, Kam Leung, sat in the front row of the courtroom as she entered the plea.

Smith pleaded guilty in connection with the case and was sentenced earlier this year to probation and a fine of $10,000. He admitted that he had lied to the FBI about his affair with Leung.

Leung, a naturalized citizen, was recruited to work for the FBI, gathering intelligence during frequent business trips to China. Smith was her FBI handler and vouched for her trustworthiness during briefings with his superiors.

Prosecutors claimed Leung began working for China as a double agent around 1990. An indictment contended she had access to classified documents from Smith's briefcase, which she copied with the intent of using them to benefit a foreign nation.

But neither Leung or Smith was ever charged with espionage. Smith was charged with gross negligence for allegedly allowing her access to the classified material. He ultimately pleaded to a single count of making a false statement about their affair.

The case against Leung virtually collapsed early this year when the judge rebuked prosecutors for "deliberate misconduct" and dismissed all charges. The judge said prosecutors purposely kept the defense from contacting Smith as they prepared for Leung's trial and, in so doing, violated her due process rights to a key witness.

The government appealed to the 9th U.S. Circuit Court of Appeals to reinstate the charges and that appeal was pending when the plea bargain was announced.

Outside court, Leung was asked why she decided to plead guilty with the government appeal still pending.

"I pled guilty today because I want to put this all behind me and let the past be the past and move forward," she said.

Defense attorney Janet Levine said the outcome was "vindication for Katrina and Kam Leung."