Table of Contents

Overview

Personal Background

“We Are All Gang Chen”

Federal Charges Dropped

2022/01/21 Boston Globe Opinion

2022/02/07 APA Justice Monthly Meeting

Gang Chen Moves Forward

Photo Album & Links and References

Overview

On January 19, 2021, the last full day of the Trump administration, Gang Chen, Carl Richard Soderberg Professor of Power Engineering at Massachusetts Institute of Technology (MIT), was indicted for failing to disclose contracts, appointments and awards from various entities in the People’s Republic of China to the U.S. Department of Energy.

His arrest was announced earlier on January 14, 2021.

Professor Chen’s case was identified as part of the China Initiative.  Gang was not indicted for theft of trade secrets or industrial espionage – the type of cases the initiative was supposed to bring – but rather for paperwork violations.

When then-U.S. Attorney Andrew Lelling unveiled the charges at a news conference in Boston, he said, “the allegations in the complaint imply that this was not just about greed, but about loyalty to China.”

Professor Chen's case ignited the "We Are All Gang Chen" movement, advocating not just for his cause, but also against racial profiling, violations of academic freedom, and discrimination experienced by individuals of Chinese descent in the United States.

A year later, the Department of Justice dropped all charges against Professor Chen “in the interests of justice.”

Professor Chen describes himself to be the luckiest among the unlucky because he had full support from MIT, its faculty members, and the Asian Pacific American and scientific communities.  

“What I endured was not an isolated incident, but the result of a long American history of scapegoating and harmful policy making.  Having secured our seat at the table, we must remain engaged, committed, and vigilant to prevent civil rights abuses for the next generation,” he said.

Personal Background

Professor Gang Chen was born in China and moved to the United States to pursue his education.  He became a naturalized U.S. citizen in 2000.

Gang earned his bachelor's and master's degrees in China before obtaining his Ph.D. in mechanical engineering from the University of California, Berkeley. 

His doctoral advisor was Professor Chang-lin Tien, the seventh Chancellor of UC Berkeley (1990–1997) and the first Asian to head a major university in the U.S.  

Gang joined the MIT faculty in 2001after serving on the faculty of Duke University and UCLA. He is a world-renowned scientist in the field of mechanical engineering, specializing in nanotechnology and renewable energy research.

He served as the head of the MIT Department of Mechanical Engineering from 2013 to 2018. He is a member of the US Academy of Engineering, the US National Academy of Sciences, and the American Academy of Arts and Science. 

Throughout his career, Gang has received numerous awards and honors for his contributions to science and engineering. He has also been actively involved in mentoring students and promoting diversity and inclusion in academia.

Professor Chen is among the world’s most cited researchers in the physics and materials categories. He has supervised more than 80 M.S. and Ph.D. student theses and has over 60 postdoctoral visiting scholars.

“We Are All Gang Chen”

In response to Professor Chen’s arrest on January 14, 2021, MIT President L. Rafael Reif wrote to the MIT community stating: "For all of us who know Gang, this news is surprising, deeply distressing and hard to understand."  

On January 21, 2021, more than 100 MIT Faculty submitted a letter to Reif, protesting Professor Chen's arrest and citing specific "deeply flawed and misleading statements" in the criminal complaint ending with "We Are All Gang Chen." The letter was spearheaded by Yoel Fink, a materials science professor at the university; it was tweeted next morning and eventually signed by over 200 MIT faculty.

On January 22, 2021, Reif wrote to the MIT community, clarifying the nature of the MIT engagement with the university in Shenzhen, China.  “While Professor Chen is its inaugural MIT faculty director, this is not an individual collaboration; it is a departmental one, supported by the Institute,” Reif wrote.

Gang’s daughter started a GoFundMe campaign which reached its fundraising goal of $400,000 in three days.

A “We Are All Gang Chen” campaign was also started on Change.com by Professor Jeff Snyder from Northwestern University. 

Federal Charges Dropped

On February 4, 2021, Professor Chen filed a motion to sanction U.S. Attorney Andrew Lelling for his false extra-judicial statements that jeopardize Gang’s ability to receive a fair trial, including his questioning of Gang’s loyalty to the U.S. 

On July 6, 2021, U.S. Magistrate Judge Donald Cabell ruled that although Lelling’s statement was “inappropriate,” but it did not rise to the level of sanction.  Lelling had already resigned effective February 28, 2021.

On January 20, 2022, the Department of Justice dismissed all criminal charges against Professor Chen.  Based on additional information, the U.S. Attorney’s office concluded that it can no longer meet its burden of proof at trial.   The dismissal is “in the interests of justice.”

2022/01/21 Boston Globe Opinion

On January 21, 2022, Professor Chen issued a statement, part of which was published as an opinion in the Boston Globe.

Gang spoke out about his traumatic experience when federal agents raided his home, arresting him. Despite previous assurances by Stephanie Siegmann, assistant US Attorney, he was suddenly indicted after being interrogated at the airport a year earlier. He and his family suffered for 371 days.

Gang said the prosecution was politically and racially motivated, tarnishing his reputation and harming his family, institute, and the scientific community. He criticizes the FBI and prosecutors for errors in his case, urging Congress and the US Department of Justice to investigate and hold those responsible accountable. Gang highlights the flaws of the China Initiative and calls for learning from mistakes rather than blindly moving forward. 

His son, Andrew Chen, also issued a statement about the dismissal.

2022/02/07 APA Justice Monthly Meeting

Professor Chen and his defense attorney Robert Fisher joined the APA Justice monthly meeting (video 1:26:07) on February 7, 2022, and shared the lessons learned from Gang's case.

Robert explained how he and Gang's legal team handled Gang's case. The investigation actually started in January 2020 when he was stopped by federal officials at the airport, not just a year before as reported. Gang's devices were seized, and he was interrogated for three hours. It is crucial to have a lawyer present during such encounters to avoid misinterpretations. After Gang hired Robert as his lawyer, they tried to get information from the government about the case, but they were not invited for a discussion as is customary. Despite investigations by Robert's team and Wilmer Hale LLP, no issues were found. Gang was charged, arrested, and indicted quickly, indicating a rushed process. Gang's legal team fought back by filing motions against inaccuracies in public statements and requesting critical documents. Ultimately, the evidence gathered led to Gang's case being dismissed. However, the rushed process caused unnecessary hardship for Gang and his family, and some evidence should have been collected earlier in the investigation.

https://www.youtube.com/watch?v=9ZcCvb02o1A

Gang expressed his gratitude to Robert, the attendees, the community, and MIT for their unwavering support, which played a pivotal role in his legal victory.

He notified MIT about the airport incident, and they promptly provided him with legal representation and covered his legal expenses. Additionally, MIT conducted a thorough one-year investigation through an external law firm, which found no wrongdoing. However, despite assurances from the government of no imminent indictment, the case rushed, and Gang was arrested on January 14, 2021.

Gang emphasized that the prosecution was rife with misconduct, spanning from the indictment to search affidavits to the criminal complaint. 

He detailed seven specific instances of misconduct:

1. The government distorted facts in Gang's case, notably seen in their criminal complaint. For instance, they omitted a crucial last sentence from an email Gang sent himself after a meeting with a Chinese official at MIT. The omission changed the context of the email, suggesting Gang supported China's strategic goals while including the omitted sentence would have made it clear that it was notes he took at the meeting. Gang found it concerning that the prosecutor implied his intent based on the email, highlighting prosecutorial misconduct.

   
   

2. Gang also criticized the government's misinterpretation of normal scientific activities as criminal. For instance, the prosecutor expressed anger over Gang serving as an expert reviewer for the Chinese National Science Foundation, despite this being a common practice among academics globally. Many academics were alarmed by this misinterpretation, as it could implicate them similarly.

   
   

3. The prosecution used emails Gang didn't reply to as evidence against him, even though he had never reviewed a proposal for the Chinese National Science Foundation. Merely being listed in their database led to unjust accusations.

   
   

4. Gang's actions were misconstrued as suspicious despite him acting ethically. For example, when an officer from Taiwan wanted to visit him, Gang, out of caution, met him off-campus. However, this innocent meeting was later cited as evidence of wrongdoing.

   
   

5. The rushed nature of Gang's case resulted in an inadequate investigation and failure to interview key witnesses. This rush was attributed to US Attorney Andrew Lelling's imminent departure from office.

   
   

6. Exculpatory evidence, such as witness testimonies clearing Gang, was withheld by the prosecution. They had this crucial information from the day of Gang's arrest, but failed to provide them to Gang's lawyers until they demanded it.

   
   

7. Despite knowing their errors, the prosecution did not admit mistakes or apologize to Gang. They offered a deferred prosecution agreement, which Gang refused, recognizing it as an attempt to save face.

Gang shared several takeaways from his experience:

1. The US loses when we lose the talent of scientists due to discrimination.

2. Universities need to protect their faculty.

3. Funding agencies need to do the right thing.

4. Everyone needs to learn their rights.

5. We need to speak up.

As a scientist, Gang never imagined getting involved in politics. However, he believes that politics affects everyone. He quoted Martin Luther King, saying, "Injustice anywhere is a threat to justice everywhere." Gang ended by expressing the significant toll the investigation and prosecution had on his family, himself, and his research career, which words cannot fully capture.

During the meeting, Harvard University Professor Zhigang Suo provided his remarks as a colleague and a friend of Professor Chen.  

Power corrupts, and absolute power corrupts absolutely, but the government does not hold absolute power. Zhigang discussed Gang's arrest, highlighting the government's overwhelming display of power. They spread false information, accusing Gang of various crimes, which quickly spread worldwide. 

What Zhigang saw were talking heads on the screens – he felt bewilderment, anger, sadness, and fear.

Zhigang recalled reactions from friends and the media, expressing his frustration with the government's misinformation. He reviewed the criminal complaint against Gang on Twitter, critiquing its absurd allegations. Public support for Gang grew rapidly after his arrest, with MIT faculty organizing in his favor and civil rights groups advocating for him. Zhigang concluded by emphasizing the importance of public scrutiny in preventing abuses of power and upholding democratic principles.

During the meeting, Former U.S. Attorney Carol Lam shared her view on Professor Chen's Case and the "China Initiative."

Criminal prosecutions vary based on individual circumstances, and it is the prosecutor's duty to assess each case independently. However, initiatives, while well-intended, can lead to problems. When prosecutions are tied to initiatives for future press releases, it can incentivize rushed or misguided actions. Initiatives often set arbitrary goals and deadlines, disrupting the natural flow of investigations.

Carol spoke about the importance of introspection in the criminal justice system. She emphasized that criminal prosecutions are unique because they directly affect an individual's life and liberty. Protections for defendants, like the right to counsel and a fair trial, kick in only after charges are brought. Before that, there are few safeguards in place, relying mainly on the judgment of investigators.

She discussed how initiatives can influence judgment negatively, citing examples from her experience at the Department of Justice. For instance, in past initiatives targeting financial fraud, inexperienced staff were recruited, and cases lacking strong evidence were pursued to meet quotas. Similarly, initiatives against false document presentation at the Mexican border led to unnecessary arrests of low-level offenders.

Carol stressed that initiatives often result in poorly investigated cases pursued for the wrong reasons. She criticized the DOJ's approach, noting that initiatives should not be used to instill fear or advance political agendas. She expressed concern over statements by DOJ officials justifying aggressive actions and called for a more nuanced approach, especially in cases involving academia.

Carol concluded by urging the DOJ to reassess its approach, particularly in distinguishing between corporate espionage and academic research. She emphasized the need for better understanding and sensitivity from law enforcement agencies when dealing with academic communities focused on open research.

Stefan Maier of RWTH Aachen University joined the meeting from Germany.

The Department of Justice announced the formal end of the China Initiative two weeks later on February 23, 2022.

2022/02/07 APA Justice: Monthly Meeting Summary

2022/02/07 APA Justice: Monthly Meeting Video (1:26:07) 

2022/02/07 APA Justice: Monthly Meeting Video with Professor Gang Chen (12:47)

Gang Chen Moves Forward

On April 13, 2022, Stephen A. Orlins, President of the National Committee on United States–China Relations, conducted an interview in which Professor Chen talked about his case and his reaction to the end of the China Initiative, what it means to him and the broader scientific community.

At the conclusion of the interview, Gang reflects on the significant damage his case has caused to his scientific career, including a drastic reduction in their research group from 15 to only three members. Despite this setback, he expresses determination to continue his research and find ways to overcome obstacles. 

Gang admits to feeling fearful of applying for funding again but vows not to be defeated. He emphasizes the importance of speaking out against injustice, citing examples of colleagues who supported them and invoking quotes from Martin Luther King Jr. and Martin Niemöller. He expresses gratitude for the support he has received and plans to help others as he moves forward.

In July 2022, Gang and a team of colleagues reported their research finding that cubic boron arsenide is a highly effective semiconductor, a discovery with potentially important applications in electronics. This discovery was named one of Physics World's top 10 breakthrough of the year in 2022. In 2023 and 2024, he led his research group to report the discovery of "photomolecular effect."

Gang pledges to do what he can to support impacted persons. Although the China Initiative officially ended by name, unjust prosecutions are still going on, and many researchers are still being harassed in different ways. 

In November 2022, Gang announced the donation of the remaining unused funds from GoFundMe to Asian American Scholar Fund and the Committee of 100 legal defense funds to defend similar cases and provide education and awareness on racial profiling against Asian Americans.  Gang calls for continuing support of people in need.  One of them is former University of Kansas Professor Feng “Franklin” Tao.

Chen has participated in numerous webinars and events to advocate for justice and fairness, as well as American leadership in science and technology, including a panel at the University of Michigan on March 26, 2024. He now serves on the Board of Asian American Scholar Forum (AASF), which was formed in response to his arrest.