Simon Saw-Teong Ang 洪思忠 Docket ID: 5:20-cr-50029 District Court, W.D. Arkansas Date filed: July 28, 2020 Date ended: June 28, 2022 On January 21, 2022, Professor Simon Saw-Teong Ang and the U.S. government filed a plea agreement in the U.S. District Court for the Western District of Arkansas. Under the agreement, Professor Ang pleaded guilty to one count of making a false statement to a federal agent (18 U.S.C. § 1001). In return, the government agreed to dismiss the remaining 58 counts upon the Court’s approval. Previously, on July 29, 2020, the U.S. Department of Justice announced that Professor Ang, then 63, of Fayetteville, Arkansas, had been indicted by a federal grand jury. A superseding indictment filed on July 28, 2021, charged him with 55 counts of wire fraud, two counts of making false statements, and two counts of false statements related to passport applications. His prosecution was brought under the DOJ’s “China Initiative,” launched in November 2018 to counter alleged economic espionage and trade secret theft linked to China. However, none of the charges against Professor Ang involved espionage or theft of trade secrets. Professor Ang had served as a professor and Director of the High Density Electronics Center (HiDEC) at the University of Arkansas since 1988. He was terminated by the university less than two months after his arrest in 2020. A jury trial was scheduled for February 7, 2022, but was rendered moot by the plea deal. In June 2022, Professor Ang was sentenced to one year and one day in federal prison. References and Links CourtListener: United States v. Ang (5:20-cr-50029) 2022/06/17 Arkansas Democrat Gazett: Ex-UA professor sentenced to year in prison for lying about Chinese patents 2022/01/22 The Northwest Arkansas Democrat-Gazette: Former UA professor pleads guilty to making false statement after scrutiny on China ties 2022/01/21 Science: U.S. accepts plea by Arkansas scientist charged in controversial China Initiative 2022/01/21 AP News: Arkansas prof pleads guilty to lying about China patents 2022/01/21 Case 5:20-cr-50029 Document 71: Plea Agreement 2021/08/03 Arkansas Democrat-Gazette: Ex-UA professor pleads innocent in fraud case 2020/07/29 DOJ: University of Arkansas Professor Indicted for Wire Fraud and Passport Fraud 2021/07/28 Case 5:20-cr-50029 Document 34: Superceding Indictment 2020/05/13 UPI: U.S. charges Arkansas researcher over NASA funds, ties to China 2020/05/12 CNN: FBI arrests researcher for NASA who allegedly failed to report ties to China Previous Item Next Item

James Patrick Lewis Previous Item Next Item

Yu Zhou, Li Chen Previous Item Next Item

Kevin Wang Former Adjunct Professor of Chinese Language and Culture New College of Florida The New College of Florida has fired Kevin Wang, a Chinese language professor, under Florida state law SB 846, which restricts public universities from hiring individuals from designated "countries of concern." Wang, who has sought asylum in the U.S. after facing political repression in China, had been teaching for nearly two years before his dismissal on March 12, 2025. His termination letter stated that his firing was not due to misconduct but was based on the law, which prohibits state universities from working with individuals domiciled in China, Russia, Iran, North Korea, Cuba, Venezuela, or Syria unless approved by the board of governors. Wang expressed disappointment, stating he fled persecution in China only to encounter similar restrictions in Florida. Wang’s firing comes amid broader efforts by Florida Governor Ron DeSantis to reshape state universities by implementing right-wing policies and hiring ideologically aligned faculty. The New College of Florida, traditionally a liberal arts institution, has been at the center of these efforts, recently reinstating a course on “wokeness” and hosting controversial speakers like Steve Sailer, who has been described as a white supremacist. Wang, preparing to leave Florida while continuing his asylum bid, criticized the law’s impact on academic freedom, warning that such policies contradict the U.S.'s democratic values. References and Links 2025/04/13 MSN: Firing of Chinese asylum seeker under SB 846 raises alarm in Florida and beyond 2025/04/13 NPR: As U.S.-China tensions rise academics are caught in the crosshairs 2025/04/12 WUSF/NPR: Firing of Chinese asylum seeker under SB 846 raises alarm in Florida and beyond 2025/03/31 Inside Higher Ed: Report: New College of Florida Fires Chinese Adjunct, Citing Regulations 2025/03/31 BREAKING: Asian American Scholar Forum Alarmed by Termination of New College of Florida Professor Under Florida’s SB 846 2025/03/29 Guardian: Florida college fires Chinese professor under state’s ‘countries of concern’ law 2025/03/28 Tampa Bay News: New College fires Chinese professor under controversial Florida law Previous Item Next Item

Warrantless Surveillance This item is connected to a text field in your content manager. Double click the dataset icon to add your own content. The numbers Calls per hour 111 Feedback submitted 22 Average feedback per call 21 As of May 28, 2023, there are 33 states known to have introduced some form of alien land and property bills in the current or recent legislative session. A few have passed and signed into state law; some have died; others are still pending. State-by-state links to the legislations and a companion map are provided below as community resources. They are collected from multiple sources including research by APA Justice, Advancing Justice | AAJC, Committee of 100, National Agricultural Law Center, Project South, media reports, and crowdsourcing. Due to the dynamic nature of these developments, we plan to update the information periodically. We anticipate the introduction or continuation of alien land and property bills into future state legislative sessions. Title Oct. 4th 2023 Tracking Bills Read More Latest developments

Lei Guan 关磊 Docket ID: 8:20-cr-00127 District Court, C.D. California Date filed: Sep 10, 2020 Date ended: July 26, 2021 Table of Contents Overview 2021/07/12 Document 220-1 Exhibit A Five “Visa Fraud” Cases Links and References Overview On July 23, 2020, the Department of Justice (DOJ) announced the arrest of four scientists from China on an alleged visa violation. A fifth scientist, Lei Guan, was arrested for similar charges in August 2020. Lei Guan came to Los Angeles to work as a researcher in UCLA’s Department of Mathematics in 2018. On August 29, 2020, Lei Guan was charged with destroying evidence and alteration of records to obstruct an FBI investigation. One count of visa fraud and one count of making false statements were added in subsequent superseding indictments. If convicted, he faced a maximum penalty of 10 years in prison and a fine of $250,000. Lei Guan was detained for months at Metropolitan Detention Center in downtown Los Angeles awaiting trial. On July 23, 2021, DOJ motioned to drop their case against Lei Guan. U.S. District Judge Michael W. Fitzgerald granted the motion to dismiss on July 26, 2021. The other four visa fraud cases were also dismissed at the same time. The five visa fraud cases including Lei Guan were identified under the China Initiative, but they were removed from the DOJ online report after their dismissals. 2021/07/12 Document 220-1 Exhibit A On July 12, 2021, a partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan. The lead draft report of the exhibit was titled “ Fourth Military Medical University Interviews and Arrests and Arrests Likely Had Minimal Impact in Mitigating Technology Transfer Threats from PRC Students ” and dated March 19, 2021. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation," several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. Five “Visa Fraud” Cases The Department of Justice (DOJ) announced visa fraud charges against four of five scientists from China on July 23, 2020. The fifth scientist, Lei Guan, was first charged in August 2020 for Destruction and Alteration of Records in a Federal Investigation with visa fraud charges added in September 2020. The announcement of the visa fraud cases coincided with the U.S. order to close China’s consulate in Houston, accusing it to be a "spy center" to conduct spying activities with local medical centers or universities. The five Chinese scientists are: Lei Guan (关磊), Visiting researcher (mathematics), University of California at Los Angeles Dr. Chen Song (宋琛) , Visiting researcher (neurology), Stanford University Dr. Juan Tang (唐娟) , Visiting researcher (cancer), University of California at Davis Xin Wang (王欣) , Visiting researcher (neurology), University of California at San Francisco Kaikai Zhao (赵凯凯) , Doctoral candidate (machine learning and artificial intelligence), Indiana University These five visa fraud cases were abruptly dismissed by DOJ in July 2021 without an explanation for the dismissals. Wyn Hornbuckle, a Justice Department spokesman issued a statement that said "[r]ecent developments in a handful of cases involving defendants with alleged, undisclosed ties to the People’s Liberation Army of the People’s Republic of China have prompted the department to re-evaluate these prosecutions... We have determined that it is now in the interest of justice to dismiss them.” On July 22, 2021, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post, an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases." Upon further research, defense attorneys for Dr. Juan Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial on July 19, 2021. It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment." "There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation." DOJ motioned to dismiss Dr. Juan Tang’s case four days before the trial was to start on July 26, 2021. On July 12, 2021, a partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. In December 2020, John Demers, former head of the China Initiative at DOJ, and William Evanina, former chief of the counterintelligence branch at ODNI, attributed without supporting facts and evidence that more than 1,000 Chinese researchers from affiliated with China's People's Liberation Army fled the U.S. after the FBI conducted interviews in more than 20 cities and the State Department closed China’s Houston consulate in July 2020. Some of the visa fraud prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. There are two non-armed branches in the uniformed services of the United States, including the Public Health Service which is a part of the Department of Health and Human Services and the National Oceanic and Atmospheric Administration Commissioned Officer Corps which is part of the Department of Commerce. Previous Item Next Item

Juan Tang 唐娟 Docket ID: 2:20-cr-00134 District Court, E.D. California Date filed: Aug 6, 2020 Date ended: July 23, 2021 Table of Contents Overview 2021/07/19 Defense Motion to Dismiss Five “Visa Fraud” Cases Links and References Overview On July 23, 2020, the Department of Justice (DOJ) announced the arrest of four scientists from China on claimed visa violation, including Dr. Juan Tang. A fifth scientist was arrested for similar charges in August 2020. Dr. Juan Tang has had a successful and award-winning career as a cancer researcher. She was invited to participate in a cancer research program at the University of California, Davis, as a visiting scholar by a leading professor and researcher at the Cancer Center. Dr. Tang was issued a J-1 visa in November 2019. The J-1 visa is often issued to non-immigrant scholars and researchers. DOJ charged Dr. Tang with one count of visa fraud and one count of making a false statement, alleging that she lied about her affiliation with China’s military. If convicted, she faces a maximum penalty of 10 years in prison and a fine of $250,000. On July 22, 2021, DOJ motioned to drop their case against Dr. Tang. U.S. District Judge John A. Mendez granted the motion to dismiss on July 23, 2021. The other four visa fraud cases were also dismissed at the same time. The five visa fraud cases including Dr. Tang were identified under the China Initiative, but they were removed from the DOJ online report after their dismissals. 2021/07/19 Defense Motion to Dismiss A jury trial of Dr. Tang was scheduled to begin in Sacramento, California on July 26, 2021. On July 19, 2021, defense attorneys for Dr. Tang submitted a trial brief and memorandum to support dismissal at trial. The trial brief provided background of the case and included two exhibits . The defense attorneys contended that the FBI deliberately failed to disclose critical exculpatory evidence to the Court and to the defense, including a heavily-redacted FBI Background Note in Exhibit A. The defense attorneys opined that China's PLA is not a direct analog to how the US military services are set up, especially regarding the PLA's Civilian Cadre, quoting from Exhibit A that “...Among the Civilian Cadre are a significant number of doctors and nurses and other professionals that at times are required to wear a military type uniform, but who would not necessarily consider themselves soldiers despite being considered as active duty.” Three days later, DOJ motioned to drop their case against Dr. Tang, which U.S. District Judge John A. Mendez granted on July 23, 2021. [jump to menu] Five “Visa Fraud” Cases The Department of Justice (DOJ) announced visa fraud charges against four of five scientists from China on July 23, 2020. The fifth scientist, Lei Guan, was first charged in August 2020 for Destruction and Alteration of Records in a Federal Investigation with visa fraud charges added in September 2020. The announcement of the visa fraud cases coincided with the U.S. order to close China’s consulate in Houston, accusing it to be a "spy center" to conduct spying activities with local medical centers or universities. The five Chinese scientists are: Lei Guan (关磊) , Visiting researcher (mathematics), University of California at Los Angeles Dr. Chen Song (宋琛) , Visiting researcher (neurology), Stanford University Dr. Juan Tang (唐娟), Visiting researcher (cancer), University of California at Davis Xin Wang (王欣) , Visiting researcher (neurology), University of California at San Francisco Kaikai Zhao (赵凯凯) , Doctoral candidate (machine learning and artificial intelligence), Indiana University These five visa fraud cases were abruptly dismissed by DOJ in July 2021 without an explanation for the dismissals. Wyn Hornbuckle, a Justice Department spokesman issued a statement that said "[r]ecent developments in a handful of cases involving defendants with alleged, undisclosed ties to the People’s Liberation Army of the People’s Republic of China have prompted the department to re-evaluate these prosecutions... We have determined that it is now in the interest of justice to dismiss them.” On July 22, 2021, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post, an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases." Upon further research, defense attorneys for Dr. Juan Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial on July 19, 2021. It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment." "There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation." DOJ motioned to dismiss Dr. Juan Tang’s case four days before the trial was to start on July 26, 2021. On July 12, 2021, a partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. In December 2020, John Demers, former head of the China Initiative at DOJ, and William Evanina, former chief of the counterintelligence branch at ODNI, attributed without supporting facts and evidence that more than 1,000 Chinese researchers from affiliated with China's People's Liberation Army fled the U.S. after the FBI conducted interviews in more than 20 cities and the State Department closed China’s Houston consulate in July 2020. Some of the visa fraud prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. There are two non-armed branches in the uniformed services of the United States, including the Public Health Service which is a part of the Department of Health and Human Services and the National Oceanic and Atmospheric Administration Commissioned Officer Corps which is part of the Department of Commerce. Previous Item Next Item

The China Initiative This item is connected to a text field in your content manager. Double click the dataset icon to add your own content. The numbers Calls per hour 111 Feedback submitted 22 Average feedback per call 21 As of May 28, 2023, there are 33 states known to have introduced some form of alien land and property bills in the current or recent legislative session. A few have passed and signed into state law; some have died; others are still pending. State-by-state links to the legislations and a companion map are provided below as community resources. They are collected from multiple sources including research by APA Justice, Advancing Justice | AAJC, Committee of 100, National Agricultural Law Center, Project South, media reports, and crowdsourcing. Due to the dynamic nature of these developments, we plan to update the information periodically. We anticipate the introduction or continuation of alien land and property bills into future state legislative sessions. Title Oct. 4th 2023 Tracking Bills Read More Latest developments

#369 1/5 Meeting; 2025 Changed Research; CAPAC 2025 Review; ACLU Update; Summaries Posted;+ December 22, 2025 Read #368 Gary Locke Honored by NAPA; William Tong Elected; APA History in CT; NAPABA Updates; + December 15, 2025 Read #367 C.A.C.A./AAJC Updates; Jane Wu; Mass Detention Policy; Rising Fear/Collapsing Courts;+ December 12, 2025 Read #366 12/1 Meeting; Giving Tuesday; Yanping Chen; Internatonal Students; CAIR Sues; US Data+ November 28, 2025 Read #365 12/1 Meeting; CACA President Kin Hui; Will Kim; Statistician Uproar; AI Talent/Prize + November 24, 2025 Read #364 ICE Arrests and Deaths; Friends of NAPAM Veterans Day/Honors; APAICS Opportunities; + November 18, 2025 Read #363 Andy Phillips on Dr. Yanping Chen Case; US Science & Data at Crossrords; 10/3 Summary+ November 11, 2025 Read #362 Privacy Cases of Drs. Yanping Chen and Wen Ho Lee; AAJC Update; TX/FL Alien Land Laws+ November 7, 2025 Read #361 11/3 Meeting; Chinese STEM Students; Brain Drain; Jane Wu v NWU; Birthright Citizens;+ November 3, 2025 Read #360 11/3 Meeting; 10/16 Webinar Videos; Advocacy 101; PBS: Builders of the Silicon Dream;+ October 27, 2025 Read #359 Andy Phillips to Speak on 11/3; Dr. Wen Ho Lee; 6/2 Meeting Summary Posted; C.N. Yang+ October 23, 2025 Read #358 Vincent Wang Speech; Maggie Lewis & Pat Eddington Remarks; Trump "Compact" Rejected; + October 20, 2025 Read < < 1 1 1 Newsletters APA Justice began publishing a free periodic newsletter about 4-7 times a month in July 2020. You can subscribe here . Visit the Virtual Library to search the entire collection. Filter by year

Xiaoming Zhang Previous Item Next Item

Kaikai Zhao 赵凯凯 Docket ID: 1:20-cr-00187 District Court, S.D. Indiana Date filed: Aug 4, 2020 Date ended: July 26, 2021 Table of Contents Overview Five “Visa Fraud” Cases Links and References Overview On July 23, 2020, the Department of Justice (DOJ) announced the arrest of four scientists from China on claimed visa violation, including Kaikai Zhao. A fifth scientist was arrested for similar charges in August 2020. Kaikai Zhao applied for a United States Non-Immigrant Visa in June 2018 and was issued an F1 Visa for a PhD program studying machine learning and artificial Intelligence at Indiana University (IU) in Bloomington, Indiana. On July 23, 2020, DOJ charged Kaikai Zhao and charged with one count of visa fraud and one count of making false statement. On July 23, 2021, Acting U.S. Attorney John E. Childress and Assistant United States Attorney Matthew J. Rinka motioned to dismiss the case against Kaikai Zhao “with prejudice, in the interests of justice.” On July 26, 2021, Judge James R. Sweeny, II, granted the dismissal of the case against Kaikai Zhao. The other four visa fraud cases were also dismissed at the same time. The five visa fraud cases including Kaikai Zhao were identified under the China Initiative, but they were removed from the DOJ online report after their dismissals. Five “Visa Fraud” Cases he Department of Justice (DOJ) announced visa fraud charges against four of five scientists from China on July 23, 2020. The fifth scientist, Lei Guan, was first charged in August 2020 for Destruction and Alteration of Records in a Federal Investigation with visa fraud charges added in September 2020. The announcement of the visa fraud cases coincided with the U.S. order to close China’s consulate in Houston, accusing it to be a "spy center" to conduct spying activities with local medical centers or universities. The five Chinese scientists are: Lei Guan (关磊) , Visiting researcher (mathematics), University of California at Los Angeles Dr. Chen Song (宋琛) , Visiting researcher (neurology), Stanford University Dr. Juan Tang (唐娟) , Visiting researcher (cancer), University of California at Davis Xin Wang (王欣) , Visiting researcher (neurology), University of California at San Francisco Kaikai Zhao (赵凯凯), Doctoral candidate (machine learning and artificial intelligence), Indiana University These five visa fraud cases were abruptly dismissed by DOJ in July 2021 without an explanation for the dismissals. Wyn Hornbuckle, a Justice Department spokesman issued a statement that said "[r]ecent developments in a handful of cases involving defendants with alleged, undisclosed ties to the People’s Liberation Army of the People’s Republic of China have prompted the department to re-evaluate these prosecutions... We have determined that it is now in the interest of justice to dismiss them.” On July 22, 2021, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post, an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases." Upon further research, defense attorneys for Dr. Juan Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial on July 19, 2021. It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment." "There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation." DOJ motioned to dismiss Dr. Juan Tang’s case four days before the trial was to start on July 26, 2021. On July 12, 2021, a partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. In December 2020, John Demers, former head of the China Initiative at DOJ, and William Evanina, former chief of the counterintelligence branch at ODNI, attributed without supporting facts and evidence that more than 1,000 Chinese researchers affiliated with China's People's Liberation Army fled the U.S. after the FBI conducted interviews in more than 20 cities and the State Department closed China’s Houston consulate in July 2020. Some of the visa fraud prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. There are two non-armed branches in the uniformed services of the United States, including the Public Health Service which is a part of the Department of Health and Human Services and the National Oceanic and Atmospheric Administration Commissioned Officer Corps which is part of the Department of Commerce. Previous Item Next Item

Chen Song 宋琛 Docket ID: 3:21-cr-00011 District Court, N.D. California Date filed: Jan 7, 2021 Date ended: July 23, 2021 Table of Contents Overview 2021/10/05 APA Justice Monthly Meeting Five “Visa Fraud” Case Links and References Overview On July 23, 2020, the Department of Justice (DOJ) announced the arrest of four scientists from China on claimed visa violation, including Dr. Chen Song. A fifth scientist was arrested for similar charges in August 2020. Dr. Chen Song was a visiting researcher at Stanford University, specializing in neurological studies and brain diseases. She came to the U.S. with her young daughter in 2018 on a J-1 visa, which is often used for scholars and researchers. During her visa application process, she allegedly did not disclose her affiliation with the Chinese military. On January 7, 2021, Dr. Song was charged with one count of visa fraud. If convicted, Dr. Song faced a maximum statutory penalty of up to 10 years in prison and a fine of $250,000. On February 19, 2021, Dr. Song was charged additionally for obstruction of official proceedings; two counts of alteration, destruction, mutilation, or concealment of records; and making false statements to a government agency. On July 23, 2021, Acting U.S. Attorney Stephanie M. Hinds motioned to dismiss the case against Dr. Chen Song, a visiting researcher on neurology from China at Stanford University. On the same day, U.S. District Judge William Alsup granted the motion to dismiss. Dr. Song's passport was returned immediately, and she travelled back to China to continue her medical practice. The other four visa fraud cases were also dismissed at the same time. The five visa fraud cases including Dr. Song were identified under the China Initiative, but they were removed from the DOJ online report after their dismissals. Dr, Song’s defense attorney, John Hemann, spoke about her case during the October 2021 APA Justice monthly meeting. 2021/10/05 APA Justice Monthly Meeting John Hemann, Partner at Cooley LLP, was Dr. Song’s defense attorney. He served as chief of the special prosecutions and national security unit and deputy chief of the criminal division at the US Attorney’s Office for the Northern District of California. When the “China Initiative” began at the Department of Justice (DOJ) in 2018, John Hemann was literally in the room. John Hemann spoke at the APA Justice monthly meeting on October 5, 2021. According to John Hemann, the case of Dr. Song should never have been approached by the U.S. government as a criminal matter, echoing an earlier remark by U.S. Rep. Jamie Raskin at the meeting. Worse yet, Dr. Song was charged at the same time as four other Chinese doctors in an example of what can only be described as rounding up the usual suspects to fight clearly an imagined problem. None of the five were charged with trade secret violations or espionage. And there was never any evidence of trade secret violations or espionage. John Hemann vigorously pursued information discovery in Dr. Song’s case. The government claimed it was classified and information began to come out that even within the government, there was discomfort about the way the FBI and DOJ were handling the matter. There were serious questions about whether it should ever have been charged in the first place. Under the weight of these increasing disclosures, the government dismissed all the charges against Dr. Song and the other four doctors in July 2021. Dr. Song was able to immediately return to China where she has been reunited with her young daughter, her husband, and her family, and back to practicing medicine. John Hemann echoed Rep. Raskin’s comments about due process and national security. There are valid concerns about national security. But those concerns cannot be manifested into targeting or profiling people of a race or national origin because it does not work in the first case. As a prosecutor who spent a lot of time working on national security matters, John Hemann said that profiling is not going to solve the national security problems that it is meant or allegedly motivated to solve. It makes us less safe because it undermines exactly what makes us strongest, which is a constitutional commitment to due process. That is what makes us different. That is what makes us as a country better and more hopeful than any other country. And it all comes down to due process. And while national security, information security, and trade secret thefts are real concerns and real problems, they are not problems that can be identified by first looking at suspects and then looking for crimes. John was doing national security cases and trade secret cases long before the China initiative. United States v. United Microelectronics Corporation (3:18-cr-00465) was the case that launched the China Initiative. It was a trade secret case that was identified the old-fashioned way by first seeing evidence of an actual trade secret theft and then figuring out who committed the crime. John Hemann and DOJ worked very closely with the Taiwanese government. The company that employed the individuals who allegedly stole the trade secrets was a Taiwanese company. It was worked out that the Taiwanese government would prosecute the individuals and the US government would focus on the companies. One of the companies pled guilty, and the case against the Chinese company, Fujian Jinhua Integrated Circuit Co Ltd, moved forward. That case did not need a China initiative. That case moved forward on the evidence with John’s successors in DOJ. On February 27, 2024, Fujian Jinhua Integrated Circuit Co Ltd was cleared of U.S. allegations that the Chinese chipmaker stole trade secrets, in a case that fanned tensions in an intensifying technology race between the United States and China. U.S. District Judge Maxine Chesney in San Francisco found the company not guilty after a non-jury trial. Five “Visa Fraud” Cases The Department of Justice (DOJ) announced visa fraud charges against four of five scientists from China on July 23, 2020. The fifth scientist, Lei Guan, was first charged in August 2020 for Destruction and Alteration of Records in a Federal Investigation with visa fraud charges added in September 2020. The announcement of the visa fraud cases coincided with the U.S. order to close China’s consulate in Houston, accusing it to be a "spy center" to conduct spying activities with local medical centers or universities. The five Chinese scientists are: Lei Guan (关磊) , Visiting researcher (mathematics), University of California at Los Angeles Dr. Chen Song (宋琛), Visiting researcher (neurology), Stanford University Dr. Juan Tang (唐娟) , Visiting researcher (cancer), University of California at Davis Xin Wang (王欣) , Visiting researcher (neurology), University of California at San Francisco Kaikai Zhao (赵凯凯) , Doctoral candidate (machine learning and artificial intelligence), Indiana University These five visa fraud cases were abruptly dismissed by DOJ in July 2021 without an explanation for the dismissals. Wyn Hornbuckle, a Justice Department spokesman issued a statement that said "[r]ecent developments in a handful of cases involving defendants with alleged, undisclosed ties to the People’s Liberation Army of the People’s Republic of China have prompted the department to re-evaluate these prosecutions... We have determined that it is now in the interest of justice to dismiss them.” On July 22, 2021, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post, an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases." Upon further research, defense attorneys for Dr. Juan Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial on July 19, 2021. It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment." "There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation." DOJ motioned to dismiss Dr. Juan Tang’s case four days before the trial was to start on July 26, 2021. On July 12, 2021, a partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. In December 2020, John Demers, former head of the China Initiative at DOJ, and William Evanina, former chief of the counterintelligence branch at ODNI, attributed without supporting facts and evidence that more than 1,000 Chinese researchers affiliated with China's People's Liberation Army fled the U.S. after the FBI conducted interviews in more than 20 cities and the State Department closed China’s Houston consulate in July 2020. Some of the visa fraud prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. There are two non-armed branches in the uniformed services of the United States, including the Public Health Service which is a part of the Department of Health and Human Services and the National Oceanic and Atmospheric Administration Commissioned Officer Corps which is part of the Department of Commerce. Previous Item Next Item