Admin l Wednesday, October 26, 2022
WASHINGTON – The United States has arrested and charged 13 individuals, including Chinese for alleged participation in malign schemes in the United States on behalf of the Government of the People’s Republic of China.
The charges unsealed today include conspiracy to forcibly repatriate PRC nationals, attempted obstruction of a criminal prosecution, and conspiracy to act as an Illegal Agent of a Foreign Country
In three separate cases in the U.S. Attorneys’ Offices for the Eastern District of New York and the District of New Jersey, the Justice Department has charged 13 individuals, including members of the People’s Republic of China (PRC) security and intelligence apparatus and their agents, for alleged efforts to unlawfully exert influence in the United States for the benefit of the government of the PRC.
In the Eastern District of New York, an eight-count indictment was unsealed on Oct. 20 charging seven PRC nationals – two of whom were arrested on Oct. 20 in New York – with participating in a scheme to cause the forced repatriation of a PRC national residing in the United States.
“The defendants are accused of conducting surveillance of and engaging in a campaign to harass and coerce a U.S. resident to return to the PRC as part of an international extralegal repatriation effort known as “Operation Fox Hunt,” the statement added.
“A criminal complaint was also unsealed today in federal court in Brooklyn charging two People’s PRC intelligence officers with attempting to obstruct a criminal prosecution in the Eastern District of New York. The defendants remain at large”, the department said.
In the District of New Jersey, an indictment was unsealed today charging four Chinese nationals, including three Ministry of State Security (MSS) intelligence officers, in connection with a long-running intelligence campaign targeting individuals in the United States to act as agents of the PRC.
“As these cases demonstrate, the government of China sought to interfere with the rights and freedoms of individuals in the United States and to undermine our judicial system that protects those rights. They did not succeed,” said U.S. Attorney General Merrick B. Garland. “The Justice Department will not tolerate attempts by any foreign power to undermine the Rule of Law upon which our democracy is based. We will continue to fiercely protect the rights guaranteed to everyone in our country. And we will defend the integrity of our institutions”, he said.
“The actions announced today take place against a backdrop of malign activity from the government of the People’s Republic of China that includes espionage, attempts to disrupt our justice system, harassment of individuals, and ongoing efforts to steal sensitive U.S. technology,” said Deputy Attorney General Lisa O. Monaco. “The men and women of the Department of Justice will continue to defend the United States, our institutions, and our people from foreign threats that violate the law — no matter what form they take.”
“These indictments of PRC intelligence officers and government officials – for trying to obstruct a U.S. trial of a Chinese company, masquerading as university professors to steal sensitive information, and trying to strong-arm a victim into returning to China – again expose the PRC’s outrageous behavior within our own borders,” said FBI Director Christopher Wray. “The FBI, working with our partners and allies, will continue to throw the full weight of our counterintelligence and law enforcement authorities into stopping the Chinese government’s crimes against our businesses, universities, and Chinese-American communities.”
“These cases highlight the threat the PRC government poses to our institutions and the rights of people in the United States,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division.
“We will not tolerate these brazen operations: the harassment and attempted repatriation by force of individuals living in the U.S.; the effort to corrupt our judicial system; and the attempt to recruit agents for the PRC under the cover of a front academic organization. Countering such threats is a cornerstone of the mission of the National Security Division.”
In one of the cases cited as United States v. Quanzhong An, et al., Eastern District of New York, an eight-count indictment was unsealed on Oct. 20 in Brooklyn charging a total of seven nationals of the PRC – Quanzhong An, 55, of Roslyn, New York; Guangyang An, 34, of Roslyn, New York; Tian Peng, 38, of the PRC; Chenghua Chen of the PRC; Chunde Ming of the PRC; Xuexin Hou, 52, of the PRC; and Weidong Yuan, 55, of the PRC – with participating in a scheme to cause the forced repatriation of a PRC national residing in the United States. The lead defendant, Quanzhong An, allegedly acted at the direction and under the control of various officials with the PRC’s government’s Provincial Commission for Discipline Inspection (Provincial Commission) – including Peng, Chen, Ming, and Hou – to conduct surveillance of and engage in a campaign to harass and coerce a U.S. resident to return to the PRC as part of an international extralegal repatriation effort known as “Operation Fox Hunt.”
Quanzhong An and Guangyang An were arrested on Thursday and were arraigned that afternoon before U.S. Magistrate Judge Ramon E. Reyes Jr. The remaining defendants remain at large.
“As alleged, the defendants engaged in a unilateral and uncoordinated law enforcement action on U.S. soil on behalf of the government of the People’s Republic of China, in an effort to cause the forced repatriation of a U.S. resident to China,” said U.S. Attorney Breon Peace for the Eastern District of New York. “The United States will firmly counter such outrageous violations of national sovereignty and prosecute individuals who act as illegal agents of foreign states.”
As alleged in the indictment, the defendants participated in an international campaign to threaten and intimidate John Doe-1, a resident of United States, and his family to force John Doe-1 to return to the PRC. These efforts were part of “Operation Fox Hunt,” an initiative by the PRC’s Ministry of Public Security to locate and repatriate alleged fugitives who flee to foreign countries, including the United States. The PRC government has targeted these alleged fugitives and their families to compel cooperation with the PRC government and self-repatriation to the PRC. The PRC government has taken such law enforcement actions on U.S. soil in a unilateral manner without approval, of or coordination with the U.S. government.
Quanzhong An, who is a businessman operating in Queens, New York, and the majority shareholder of a hotel in Flushing, acted as the primary U.S.-based liaison for the Provincial Commission’s targeting of John Doe-1 and his family members, including his son, John Doe-2, both in the United States and in the PRC. As part of the scheme, various PRC-based conspirators forced a relative in the PRC (John Doe-3) to travel from the PRC to the United States in September 2018 to meet with John Doe-2 and convey threats that were intended to coerce John Doe-1’s return to the PRC. Yuan – John Doe-3’s superior at the PRC’s State Administration of Taxation – escorted John Doe-3 from the PRC to the United States, under the guise of a visit with a tour group.
PRC-based defendants and coconspirators also engaged in a pattern of harassment targeting John Doe-1’s family members. In November 2017, Hou wrote John Doe-2 warning him that “coming back and turning yourself in is the only way out.” Hou further threatened that “avoidance and wishful thinking will only result in severe legal punishments.” The PRC government also harassed John Doe-1 and John Doe-2 through the filing of a lawsuit in New York State court, alleging that John Doe-1 had stolen funds from his former PRC based employer and that John Doe-2 had knowledge of and benefitted from his father’s scheme.
In a series of recorded meetings in 2020, 2021, and 2022, Quanzhong An repeatedly met with John Doe-2 and attempted to persuade John Doe-2 to cause the return of John Doe-1 to the PRC. In these meetings, Quanzhong An acknowledged that he is a member of the Standing Committee of the Chinese People’s Political Consultative Conference (CPPCC), which enforces the rules and regulations of the Chinese Communist Party (CCP) abroad.
At various times, he attributed his instructions to Chen, Ming, and Peng and acknowledged that the Fox Hunt operation was motivated by the PRC government’s need to “save their faces” and repatriate as many fugitives as possible.
Quanzhong An admitted that he was acting as an agent of the Provincial Commission to increase his standing in the PRC. During his meetings with John Doe-2, Quanzhong An repeatedly transmitted threats on behalf of the PRC government. If John Doe-1 did not return, the PRC government would “keep pestering you, [and] make your daily life uncomfortable,” in addition to actions to “target and monitor” John Doe-1’s relatives in the PRC. On another occasion, he stated that “they will definitely find new ways to bother you” and “it is definitely true that all of your relatives will be involved.”
As set forth in the detention memorandum, Quanzhong An met with John Doe-2 again on Sept. 29, 2022. During this meeting, Quanzhong An pressed for John Doe-1 to execute an agreement to return to the PRC in advance of the CCP’s 20th National Congress, which began on Oct. 16, 2022. As part of such agreement, Quanzhong An sought a written confession from John Doe-1, which would be submitted directly to the PRC government.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted of acting as agents of the PRC, Quanzhong An faces a maximum sentence of 10 years in prison. The money laundering conspiracy charge against Quanzhong An and Guangyang An carries a maximum sentence of 20 years in prison. The remaining charges, including conspiring to act as agents of the PRC and conspiring to commit interstate and international stalking, carry a maximum sentence of five years in prison.
The government is represented by Assistant U.S. Attorneys Alexander A. Solomon, Sara K. Winik, and Antoinette N. Rangel and Trial Attorney Scott A. Claffee of the National Security Division’s Counterintelligence and Export Control Section. Assistant U.S. Attorney Brian Morris of the Office’s Asset Recovery Section is handling forfeiture matters.
More of the charges are HERE
