Last week the Office of the  Commonwealth’s Attorney for Arlington-Falls Church announced it has chosen to decline a request to direct the City of Falls Church Police Department to seek charges against Former City of Falls Church Council member Caroline Lian.

Lian resigned from the Falls Church City Council in August following press reports of failing to provide accurate information about her employment on required annual financial disclosure forms associated with her service on the City Council. A special election to fill her vacated seat for the final year of its four-year term will be held next week.

The following is the statement of Commonwealth Attorney Parisa Dehghani-Tafti:

“Because the instructions on the Virginia Economic Interest Disclosure are ambiguous and subject to interpretation, the Office has determined following what it called an extensive investigation and research into the matter that there is no good faith basis for criminal charges against  Ms. Lian. 

“The office provided the following summary of facts: On August 2, 2024, the Washington D.C. Board of Ethics and Government Accountability  published a Negotiated Disposition between itself and Ms. Lian. Ms. Lian was found in violation of four of Washington D.C.’s Code of Conduct provisions including failing to disclose that while  working at the Washington D.C. Department of Buildings, she was simultaneously employed by  Freddie Mac. 

“The settlement between Ms. Lian and the D.C. Board of Ethics and Government Accountability required Lian to pay a fine of $25,000 and attend an ethics training. 

“On August 8, 2024, Ms. Lian resigned her position as a Falls Church City Council Member. As a City Council Member, Ms. Lian was required to make an annual financial disclosure known  as the: Virginia State and Local Statement of Economic Interests. When the City of Falls Church  learned about Lian’s negotiated settlement, the City began to review Lian’s financial disclosure. 

“It was discovered that Lian had listed her employment with Freddie Mac, but had not listed her  employment with the Washington DC Department of Buildings. The City of Falls Church then  forwarded this information to the Commonwealth’s Attorney’s Office to investigate whether Lian’s  failure to include her employment with the Department of Buildings constituted criminal conduct.

“Below is a summary of that investigation, which was conducted by the City of Falls  Church Police Department. On February 1, 2024, Ms. Lian filed her Statement of Economic Interests. Page 5 asks for a list of employers. Ms. Lian listed Freddie Mac as an employer, but did not include the Washington D.C. Department  of Buildings. 

“Notably, Question 2 from the image above states “DO NOT INCLUDE salary received from a state or local governmental or advisory agency.” (emphasis added) The Washington D.C.  Department of Buildings is a local government agency. The informal guidance from the Virginia  Conflict of Interest and Ethics Advisory Council is that the term “Governmental Agency” should  be read as “Governmental Agency [in Virginia]”. Based on their verbal guidance, we considered whether Ms. Lian could have potentially been charged with § 2.2-3117 False Statement on a  Statement of Economic Interest, a class 5 felony in Virginia. However, the Ethics and Advisory  Council acknowledged the ambiguity of the language in the question and written instructions. 

“The definition of Governmental Agency on page 3 does not make any reference to the state of  Virginia.

“There are no instructions in the Statement of Economic Interests that the description of state and  local government is limited to the state of Virginia. In short, the instructions on page 5 advise not to include state or local government positions; Ms.  Lian did not include her local government position at the Washington D.C. Department of  Buildings. Given that Ms. Lian followed the literal instructions, as written, there is currently no  evidence to distinguish whether she was acting feloniously or in good faith. Thus, an element of  “knowing and intentionally” making a false statement would not be met.  

“The standard of proof in criminal proceedings – the highest standard in our legal system – is  beyond a reasonable doubt, with the Commonwealth bearing the burden of proof. The ambiguity  of the instructions on the Statement of Economic Interests precludes the Commonwealth from  proving Ms. Lian committed any criminal act beyond a reasonable doubt. Therefore, the  Commonwealth’s Attorney’s Office is declining to pursue any charges against Former  Council member Caroline Lian.”