United States, "Chinese spy" threat investigation


News Hessler drawing surging Chinese high proportion of economic injustice espionage investigation in 1996, the United States passed the "Economic Espionage Act" (EconomicEspionageAct, referred to as the EEA), the provisions of the first theft of trade secrets or intellectual property and other intangible riches as a criminal offense。   Guidebook US Department of Justice show that economic espionage must have four elements: First, the defendant stole, or in the case of not obtaining trade secrets holders allowed access to, destruction of, or dissemination of information; Second, the defendant knew the relevant information is proprietary to man; thirdly, information is a trade secret; fourth, the defendant's conduct is based on the foreign government, a foreign institution or foreign agents benefit purpose。
The four elements are indispensable, which became the fourth key elements of the crime can be set up。   Earlier, the US government spy investigations of Chinese scientists, the most well-known than the mid-1999's Wen Ho Lee case。   In mid-1999, working in the US atomic bomb test center Chinese-American scientist Wen Ho Lee, was accused of leaking US secrets to foreign atomic bomb was fired and prosecuted。
In 2000, Wen Ho Lee and the US government reached a plea bargain: He pleaded guilty to a lesser charge, in exchange for the government to recover the other 58 accused and released。
  The case of insiders, former National Ombudsman Dr. Hushan Qing US Department of Energy for decades has been tracking the US government concerned about the espionage investigations on Chinese economic groups。
Years ago, Hushan Qing and the United States concerns related cases professionals jointly set up a public database called Fedcase, recording all EEA cases since 1996 can be learned from publicly available。
  By the end of 2017, he played in a total of 180 cases of economic espionage and theft of trade secrets, at least 55 cases involving Chinese or Chinese-American citizen, an average of at least 3 cases per year between mid 1997-2008, 2009-2015 between at least 4-6 cases, 19 cases are still not closed, closed among at least nine for the withdrawal of acquittal or fixed in advance, and another 3 from the charges is reduced。
  It is worth mentioning that not all of the alleged crime of economic espionage cases will be a charge of "Economic Espionage Act" to prosecute, in recent years, the US Justice Department is increasingly using some other crimes to prosecute them think of the so-called economic espionage the small stars and the Xi case is the case of Chen Xiafen。
  While another will be released by the prosecution Chinese espionage in May 2017 by the White Paper report is 100 people more clearly shows that the US Department of Justice investigation of Chinese population changes in recent years。
  The report randomly selected and analyzed in 1996-2015 136 cases every year according to "Economic Espionage Act" to prosecute and 187 defendants involved through open channels。 The report's author, Andrew Gold (AndrewKim) surging told the news, although the investigation could not determine the Justice Department have been affected by racial prejudice, but there is evidence that such fears are justified。   The report lists several evidence。 First of all, since mid-2009, according to the ratio of the number of Chinese "Economic Espionage Act" is being sued share in mid-1996 to three times during 2008, reaching 52%。
If the Asians from other races included, the number of people on suspicion of economic espionage Asian prosecuted up to 62%。
  News Hessler surging drawing a significant change is that after President Obama took office in mid-2009, the proportion of cases involving substantial increase in Chinese。 Andrew King said。   In the 136 cases, the beneficiary of 34% of economic espionage is considered to be China's institutions, ranked first among foreign governments and agencies。 And no one case involving beneficiaries in Russia。
(Author's note: After the report was released, the first since the beneficiary for the EEA cases in Russia are disclosed in July 2016, over the same period, the US government announced that Russian hackers involved in US election。
) Another reported figures show that 22% of the accused of espionage have not been convicted of Asian final。
In other words, more than one-fifth of the Asian indicted may be innocent, the figure is twice that of other ethnic groups were later accused of being the withdrawal of the case。 Meanwhile, in Asian convicted, the sentence obtained is twice that of other ethnic people guilty of similar cases。   US To control brain drain China?  With over 40 years experience in criminal litigation, attorney Thomas Nolan since the 1980s began Acting US government case against the so-called Chinese economic espionage。
In 1988, together with economic espionage case in US legal history was first indicted in the jury, a Chinese-American engineer was accused of the crime of theft of trade secrets, Nolan served as a counselor for the defense。   At that time the US government has not developed at the national level Economic Espionage Act, but the state level has been。
Silicon Valley's large companies have begun to steal trade secrets charges to prosecute potential competitors, with a view to them nipped in the bud。
Nolan told the surging News。   According to Nolan introduced, then that is ethnic Chinese engineers in Silicon Valley giant Intel sued stealing its technology, four years later, the engineer was acquitted。 But he has spent a lot of money, physically and mentally exhausted。
Nolan recalled, and his defense industry career on commercial espionage case began here, in the next 20 years, he and his partner continue to receive all kinds of economic espionage case involving Chinese。
  Chinese economic espionage manhunt for at least 15 years ago has begun, and the Bush administration to the Obama administration since childhood, has been。 Nolan's partner, Danny Moss lawyer told Erou surging News。   Danny Erou Moss had any inside President Obama's White House Domestic Policy Council was hired as a senior policy adviser to assist the Obama administration's policy in criminal justice, civil rights and immigration field。   Experience with Nolan and Ou Mosi decades to reach Chinese espionage cases, in addition to the Chinese racial prejudices outside the US government and big business for the Chinese perception also plays an important role in similar cases。
  Over the past few decades, the US economy from the Chinese people and other Asian countries to which the benefit is huge, and now these people want to leave the United States to China, because China's economy grew faster than the United States, but American companies want to control these people do not want them to leave, but do not want their skills drain。 So they cooperate with the government, trying to prevent any personal information to share with fellow Chinese and Chinese entrepreneurs to go to the United States and competition。 Ou Mosi explained.。
  In 2009, Ou Mosi agent with Chinese espionage case, an FBI agent in the trial bluntly: to open a US citizen of Chinese enterprises is illegal。 This ridiculous assertion is wrong of course, but it reflects how the US government's view of Chinese and Chinese。 Ou Mosi said.。
  Nolan and Ou Mosi told the news surging, according to their statistics over the years, each case they handled almost without exception, are the first by the big companies to ask them to contact the government investigation of its employees, while highly dependent on the Government companies to assess whether these cases really involve trade secrets。   The Chinese employees like slaves, like large enterprises, can not leave the company。 It reminds me a little time, the US government during World War II to isolate the Japanese in the United States in a concentration camp practice。 Nolan said.。
  In Nolan and Ou Mosi it seems, in the 1950s the United States was once rampant McCarthyism (refer to mid-year between 1950-1954 in the United States anti-communist, far-right political thought) is the United States resurgence。 Even more frightening is that we do not even know in the end how many Chinese people have been indicted by the US government as a spy, because these cases are usually confidential and often only time they set foot on American soil, he was arrested the moment to know。   China split spy threat: the United States with Heart US government continues to heat up for Chinese economic espionage investigation, or to changing relations with China know is found in some of the tracks from the United States。   December 18, 2017, President Trump in his first national security strategy report published after he took office in explicit reference to US economic security is national security, in this report, China seems to have become the enemy of Trump。
Trump noted that China's rising international status would undermine the authority of many other countries in the region and elsewhere。
Instead, he proposed a new policy: to prevent the theft of intellectual property, it will be by way of tightening visa restrictions for foreigners, especially Chinese and Russians to the United States to learn STEM (science, technology, engineering, mathematics) and other science and engineering professionals。
  In fact, over the past 15 years, Sino-US confrontation on trade secrets and economic espionage has never stopped。 US officials have claimed for years that China is the mastermind behind the theft of intellectual property most of the United States, claiming that this type of theft that the US loss of billions of dollars annually。   China to enhance political and economic power, the United States is deeply challenged their dominance。 In recent years, US opinion polls show Americans are increasingly worried about the US leadership, will be replaced by China。 Regards China as a major threat to Americans, nearly 10 years remained at a level of about five percent。   After Wen Ho Lee case occurred in 2000, the US Congress issued a copy of any order by claiming that China stealing US military technology and jeopardize US national security, "Cox Report", but did not propose to the allegations and assumptions report convincing evidence。
Then the Chinese State Council Information Office Zhao Qizheng was solemnly pointed out that the report came out of ulterior motives, some American people making a series of anti-China event after an anti-China counter-current, its purpose is to divert attention, stir-action anti-China sentiment, defame China's image , trying to Sino-US relations to pull back, to curb China's development。   In 2013, Sino-US confrontation on the issue of network security and espionage once white-hot。
In that year the Obama administration's strategy to combat theft report in the US trade secrets, 20 cases of economic espionage listed in the US Department of Justice from 2009 to 2013 where there are 17 cases related to China。   For the so-called Chinese espionage threat of the US government, the Chinese Foreign Ministry had previously refuted many times。
The most recent one in February 1 this year, the Foreign Ministry spokesman Hua Chunying at a regular press conference in response to a relative word from the heart Chinese espionage threat to the US intelligence。   How you thought, your eyes is what kind of world。
In this sense, the world's largest intelligence chiefs say something like that, is not surprising。 Hua Chunying said the facts speak for themselves。
According to various recent disclosure of information out of the world in the end who is in the other countries in the implementation of a wide range of monitoring, surveillance, theft, penetration, doing their polar maintain and exert influence, in fact, we all know the hearts。
  September 15, 2015, Xi spoke emotionally at the little star in his speech could not help but cry。
Xinhua Data for life is falling apart, you may never get an apology as former National Ombudsman of the US Department of Energy, Hushan Qing experienced the Wen Ho Lee case in the 1990s and after the introduction of the "Cox Report" caused the xenophobia of all Chinese American scientist。
Hushan Qing believes that non-traditional gathering personnel FBI Director mine recently mentioned in his speech the word and then sand masses FBI used the word very similar。   As far as I know, "Cox Report" did not catch any spy, it brings hysteria has caused fear and anger among many Americans。 胡善庆 say。
  Worked in New York United States 30 years of Chinese lawyers Hamming argued that the usual practice in recent years, more and more Chinese economic espionage arisen because the Chinese domestic politicians as a scapegoat。 Persimmon pick soft pinch, so many Chinese-related cases I've experienced, no one is real spies are just normal business and academic exchanges, simply because they do not understand the complicated law for the United States, it inadvertently violated。   Hamming lawyer said that the recent series of Chinese economic espionage case reminded him of the 1955 Chinese scientist Qian forced to return home in mid-event。 The US government just never learn。 He said。   Hundred, Wu Huayang president also said: In the past 160 years, although Chinese immigrants to the United States contributed an immeasurable wealth and success, but they are always permanently affixed label foreigners。   Over the past 20 years, we have witnessed Dr. Levin and Dr. Xi and Ms. Chen Xiafen small star is eager unfortunate case trial。
The three Chinese American scientist or US government employees are being unfairly accused and suspect based on their descent, although eventually exonerated, but it can not recover their destroyed life。
吴华扬 say。
  Recalling the history of the United States, but also no shortage of such cases: either 1882 implementation of the "Chinese Exclusion Act", or 110,000 Japanese-Americans during World War II detention of the fact that Asian Americans have witnessed the race due prejudices and discriminatory laws and take damage caused by acts of injustice。   Given the United States have issued domestic political situation, Hundred, and other Chinese organizations reminder: currently working in the field of high-end multi-science, technology, engineering and mathematics related to Chinese-American, whether in industry or government, are likely to often involving important and sensitive business information and technology。 It is recommended that all Chinese scholars raise awareness of the law, avoid the focus on research and weak awareness of relevant laws, and may not be involved in or aware of their great trouble among。
  In 2002, Levin and published his autobiography "My country told me," he wrote in the book: no matter how wise, anyway hard work, like me Asian, Chinese like me, forever will not be accepted by American society, it will always be a foreigner。   15 years later, in a conference, Xi Chen Xiafen small stars and tears once again presented their experiences to the public, it seems that once again confirms the Wen Ho Lee case。
  I was completely destroyed。
Overnight, I became a criminal from an outstanding US government employees。
I do not understand why they do this to me?Chen Xiafen tears asked。
  Xi said the small star, he and his family still live in continual fear。 We are always afraid, we do everything, FBI listening in, some of our words and deeds are likely to be distorted, the depths of our minds there is always this fear。
  I hope to hear someone into my home for a gun in front of the child's face and handcuffed me to make my life shrouded in suspicions apology。 Xi said the small star, but I do understand that they may never apologize。