Legal Docket by CourtListener: United States v. Tao (2:19-cr-20052)
Franklin Tao Legal Defense Fund
GoFundMe for Franklin Tao
Franklin Tao Legal Defense Fund
GoFundMe for Franklin Tao
Professor Tao's Legal Team Files Opposition to Postpone Trial Date Again
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According to an opposition filed by the defense team on November 23, 2021, the trial date of Professor Tao's case has again been postposed, now to April 18, 2022. The 30-page opposition objects to the government's motion for Rule 15 depositions and to continued trial date.
Beginning on page 24, the defense team lists 8 arguments in reiterating Dr. Tao's assertion of his Speedy Trial rights and objects to the Court’s continuances of the October 25 and December 6 trial dates. It begins with:
"The government’s obvious inability to satisfy the Rule 15 or Craig standard in this case begs the question whether the government’s motion, which came on the heels of a motion to continue the trial date for the same reasons, is merely a pretext to delay the trial while denying Dr. Tao his speedy trial rights. The Court has since granted the government’s motion to continue the October 25, 2021 trial date, and scheduled trial for December 6, 2021, and it subsequently sua sponte continued the December 6 trial date until April 18, 2022. For the record, Dr. Tao respectfully objects to the Court’s continuances of the October 25 and December 6 trial dates, as well as the findings in the Court’s November 19, 2021 order."
"It should also reinstate the December 6, 2021 trial date to vindicate Dr. Tao’s Speedy Trial rights," the opposition concludes.
Read more at: https://bit.ly/3oTyRAl
Beginning on page 24, the defense team lists 8 arguments in reiterating Dr. Tao's assertion of his Speedy Trial rights and objects to the Court’s continuances of the October 25 and December 6 trial dates. It begins with:
"The government’s obvious inability to satisfy the Rule 15 or Craig standard in this case begs the question whether the government’s motion, which came on the heels of a motion to continue the trial date for the same reasons, is merely a pretext to delay the trial while denying Dr. Tao his speedy trial rights. The Court has since granted the government’s motion to continue the October 25, 2021 trial date, and scheduled trial for December 6, 2021, and it subsequently sua sponte continued the December 6 trial date until April 18, 2022. For the record, Dr. Tao respectfully objects to the Court’s continuances of the October 25 and December 6 trial dates, as well as the findings in the Court’s November 19, 2021 order."
"It should also reinstate the December 6, 2021 trial date to vindicate Dr. Tao’s Speedy Trial rights," the opposition concludes.
Read more at: https://bit.ly/3oTyRAl
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Jury Trial to Start on December 6, 2021
The new jury trial date is now set to start on December 6, 2021. The original starting date was set to October 25, 2021, but the government requested postponement because they said they were not ready and needed more time.
Franklin Tao is the first academic to be indicted under the "China Initiative" on August 21, 2019. He was charged not for economic espionage or trade secret theft, but for wire fraud and making false statements - similar to those levied against Professor Anming Hu, who was acquitted on September 9, 2021.
According to a Washington Post report on August 24, 2021, FBI agent Stephen Lampe knowingly used false information from an informant to obtain warrants to search Tao’s emails, computers, home and office. The motion says Lampe deliberately withheld information that would undercut the informant’s credibility and the reliability of the evidence. A hearing took place on October 14-15, 2021.
According to a report by Mother Jones on October 21, 2021, the hearing provided a glimpse into the "China Initiative." These cases are not James Bond thrillers. Most often, they center on whether professors like Tao correctly filled out conflict-of-interest forms. Of the roughly 80 cases pursued under the initiative, at least 18 of them involve university professors or researchers like Tao, only a handful of whom have been charged with stealing trade secrets or spying for China. Most of these defendants from academia were accused of some form of fraud or making false statements.
On August 20, 2020, Advancing Justice | AAJC and Advancing Justice | ALC filed an amicus brief in United States v. Feng "Franklin" Tao, providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers. Advancing Justice | AAJC plans to organize meetings to raise awareness about Professor Tao's case and the impact of the "China Initiative" to the local community. Please contact Vivin Qiang at vqiang@advancingjustice-aajc.org or Gisela Kusakawa at gkusakawa@advancingjustice-aajc.org on how you can join and help, especially for those in Kansas and Missouri.
You can also make a donation to the Franklin Tao Legal Defense Fund.
Links and References
2021/10/21 Mother Jones: Has the DOJ’s Campaign to Root Out Chinese Spies on College Campuses Gone Too Far?
2021/08/24 Washington Post: Kansas professor says FBI misled court in alleging hidden ties to Chinese government
2020/08/20 AAAJ | Asian American Justice Center: United States v. Tao Amicus Brief
Franklin Tao is the first academic to be indicted under the "China Initiative" on August 21, 2019. He was charged not for economic espionage or trade secret theft, but for wire fraud and making false statements - similar to those levied against Professor Anming Hu, who was acquitted on September 9, 2021.
According to a Washington Post report on August 24, 2021, FBI agent Stephen Lampe knowingly used false information from an informant to obtain warrants to search Tao’s emails, computers, home and office. The motion says Lampe deliberately withheld information that would undercut the informant’s credibility and the reliability of the evidence. A hearing took place on October 14-15, 2021.
According to a report by Mother Jones on October 21, 2021, the hearing provided a glimpse into the "China Initiative." These cases are not James Bond thrillers. Most often, they center on whether professors like Tao correctly filled out conflict-of-interest forms. Of the roughly 80 cases pursued under the initiative, at least 18 of them involve university professors or researchers like Tao, only a handful of whom have been charged with stealing trade secrets or spying for China. Most of these defendants from academia were accused of some form of fraud or making false statements.
On August 20, 2020, Advancing Justice | AAJC and Advancing Justice | ALC filed an amicus brief in United States v. Feng "Franklin" Tao, providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers. Advancing Justice | AAJC plans to organize meetings to raise awareness about Professor Tao's case and the impact of the "China Initiative" to the local community. Please contact Vivin Qiang at vqiang@advancingjustice-aajc.org or Gisela Kusakawa at gkusakawa@advancingjustice-aajc.org on how you can join and help, especially for those in Kansas and Missouri.
You can also make a donation to the Franklin Tao Legal Defense Fund.
Links and References
2021/10/21 Mother Jones: Has the DOJ’s Campaign to Root Out Chinese Spies on College Campuses Gone Too Far?
2021/08/24 Washington Post: Kansas professor says FBI misled court in alleging hidden ties to Chinese government
2020/08/20 AAAJ | Asian American Justice Center: United States v. Tao Amicus Brief
Watch Out for Misleading Media Reports - A Case Example of Kansas Public Radio
Kansas Public Radio (KPR) is a seven-station network based in Lawrence at the University of Kansas. Its geophysical range is Kansas city and places as far as 150 miles. It has 100,000 listeners each week. On October 15, 2021, it broadcast a misleading headline news item on the Franklin Tao case. Advancing Justice | AAJC and the defense attorney took quick actions, and KPR corrected the report on its website. However, it did not make an on-air correction. Note the significant difference of the original report and the more accurate version below.
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Updates since the Initial Indictment
After the initial indictment on August 21, 2019, Professor Feng "Franklin" Tao's legal team motioned to dismiss the case on November 17, 2019, asserting the allegations against him were fabricated by a fellow researcher who was seeking to take advantage of U.S. fears of espionage.
On January 15, 2020, U.S. attorneys filed a new indictment superseding the previous indictment.
On June 24, 2020, Professor Tao was charged for 10 federal felony counts for wire fraud and making false statements related to his interactions with China. Pre-trial hearing was scheduled to start on October 1, 2020.
- Second superseding indictment
On August 14, 2020, defense lawyers for Professor Tao filed a motion to dismiss the case.
- Motion to dismiss
- Motion to dismiss due to the government's false, misleading, prejuducial statement to the jury
- Motion to dismiss for failure to state an offense and lack of venue
On August 20, 2020, Asian Americans Advancing Justice – Asian American Justice Center (AAJC) and Asian Americans Advancing Justice – Asian Law Caucus (ALC) led a coalition of organizations and individuals in filing an amicus brief to support the dismissal of Professor Tao's case and to oppose the US government's increased efforts to profile and target Chinese American scientists and researchers based on ethnicity under the pretext of ferreting out economic espionage.
- United States v. Tao Amicus Brief
On November 2, 2020, the presiding judge denied the motion to dismiss the superseding charges, but accepted Asian Americans Advancing Justice | AAJC and Asian Americans Advancing Justice| ALC’s Motion for Leave of Court to Enter Their Appearance as Amicus Curiae and File Brief in Support of Defendant Dr. Franklin Tao’s Motion. It means that Franklin will be facing a trial in Kansas in 2021.
Professor Tao is one of the "China Initiative" cases. An evidentiary hearing was held on October 14-15, 2021. His jury trial was scheduled to start on October 25, 2021, but the government motioned and was granted to delay the trial. A new trial date is now set to start on December 6, 2021.
Links and References
2021/10/21 Mother Jones: Has the DOJ’s Campaign to Root Out Chinese Spies on College Campuses Gone Too Far?
2021/08/24 Washington Post: Kansas professor says FBI misled court in alleging hidden ties to Chinese government
2020/08/20 AAAJ | Asian American Justice Center: United States v. Tao Amicus Brief
On January 15, 2020, U.S. attorneys filed a new indictment superseding the previous indictment.
On June 24, 2020, Professor Tao was charged for 10 federal felony counts for wire fraud and making false statements related to his interactions with China. Pre-trial hearing was scheduled to start on October 1, 2020.
- Second superseding indictment
On August 14, 2020, defense lawyers for Professor Tao filed a motion to dismiss the case.
- Motion to dismiss
- Motion to dismiss due to the government's false, misleading, prejuducial statement to the jury
- Motion to dismiss for failure to state an offense and lack of venue
On August 20, 2020, Asian Americans Advancing Justice – Asian American Justice Center (AAJC) and Asian Americans Advancing Justice – Asian Law Caucus (ALC) led a coalition of organizations and individuals in filing an amicus brief to support the dismissal of Professor Tao's case and to oppose the US government's increased efforts to profile and target Chinese American scientists and researchers based on ethnicity under the pretext of ferreting out economic espionage.
- United States v. Tao Amicus Brief
On November 2, 2020, the presiding judge denied the motion to dismiss the superseding charges, but accepted Asian Americans Advancing Justice | AAJC and Asian Americans Advancing Justice| ALC’s Motion for Leave of Court to Enter Their Appearance as Amicus Curiae and File Brief in Support of Defendant Dr. Franklin Tao’s Motion. It means that Franklin will be facing a trial in Kansas in 2021.
Professor Tao is one of the "China Initiative" cases. An evidentiary hearing was held on October 14-15, 2021. His jury trial was scheduled to start on October 25, 2021, but the government motioned and was granted to delay the trial. A new trial date is now set to start on December 6, 2021.
Links and References
2021/10/21 Mother Jones: Has the DOJ’s Campaign to Root Out Chinese Spies on College Campuses Gone Too Far?
2021/08/24 Washington Post: Kansas professor says FBI misled court in alleging hidden ties to Chinese government
2020/08/20 AAAJ | Asian American Justice Center: United States v. Tao Amicus Brief
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Two Asian American Civil Rights Organizations Submit Amicus Brief in United States v. Tao
Press Release
On August 20, 2020, Advancing Justice – AAJC and Advancing Justice – ALC filed an amicus brief in United States v. Feng "Franklin" Tao (陶丰教授), providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers. The two Asian American civil rights organizations submitted the brief in support of Dr. Feng “Franklin” Tao to show opposition to the government’s increased efforts to profile and target Chinese American scientists and researchers based on ethnicity under the pretext of ferreting out economic espionage. In United States v. Tao, Dr. Tao, a tenured engineering professor at the University of Kansas, is fighting criminal allegations for not disclosing to the University an alleged affiliation with a university in China. “Failure to disclose information on a university form is not economic espionage,” said John C. Yang, president and executive director of Advancing Justice – AAJC. “Xenophobia from leadership and agents within the U.S. government has translated to real consequences for the Chinese and Asian American community. Chinese scientists and researchers, like Dr. Tao, are caught in the Department of Justice’s broad net for prosecutions and sudden criminalization of minor infractions and we are deeply concerned with the pattern of misguided suspicion and racial discrimination we are seeing in these cases.” The government has been mounting a broad campaign scrutinizing and targeting Chinese American scientists and researchers through the China Initiative. Fueled by xenophobia, the China Initiative was adopted by the Department of Justice in 2018 for the purported purpose of combating economic espionage. The China Initiative is part of the latest wave of xenophobia against Chinese and Asian Americans and follows a long history of Asian Americans and immigrants being criminalized, stereotyped as “perpetual foreigners,” scapegoated, and profiled as spies disloyal to the United States. “The government needs to prosecute people who steal national security and trade secrets, but targeting people of Chinese descent for investigation without evidence of wrongdoing is not how to do that,” noted Glenn Katon, litigation director at Advancing Justice - Asian Law Caucus and former Department of Justice trial attorney. “Bringing dubious charges against people like Dr. Tao, for conduct the government would not have known or cared about but for the China Initiative, is discriminatory and a waste of resources.” We have seen a surge in prosecutions as the government increases pressure on academic institutions to criminalize previously administrative issues and federal agencies to increase prosecution efforts across the country. Data and individual cases of wrongful arrests and prosecutions along with biased rhetoric from public officials reveal that racial bias exists in the charging, prosecution, and sentencing of Chinese, Asian Americans, and immigrants. The amicus brief addresses the government’s broad campaign to scrutinize and target Chinese American scientists and researchers and discusses how the government’s xenophobic and overzealous prosecutions does real harm to the individual lives of Chinese and Asian Americans and immigrant communities. Read the brief here. For more background about United States v. Tao (2:19-cr-20052), also visit Feng "Franklin" Tao. |
亚美公义促进会 | AAJC 与亚美公义促进会 - ALC 针对美国政府对华裔种族形象定性事件，正式递交法律申索
新闻稿
亚美公义促进会（AAJC）与推进正义协会 - ALC于今天正式向法院提交了一份 法庭之友书状，为陶丰教授案件提供了针对美籍亚裔与亚裔移民科学家、研究人员被种族定性的重要证据。 两家亚裔民权机构向法院提交书状以表示对陶峰博士的支持，反对美国政府以“经济间谍”为借口，打压美籍华裔科学家和研究人员，并将其作为审查目标。在美国诉陶丰一案中，美国司法部对堪萨斯大学陶峰教授以未能向大学披露与一所中国大学的关系为由，宣布刑事指控。 “未能在递交给大学的表格上披露部分信息并不属于经济间谍活动”，推进正义 - AAJC总裁兼执行董事杨重远说道。“美国政府内部的领导层与调查人员的排外情绪已开始对美籍华裔和亚裔社区造成影响。许多华人科学家和研究人员与如陶博士一样，在美国司法部撒下的大网下，因为轻微违规而突然受到多项指控，并被定为是刑事犯罪。我们在这些案件中看到种种无端怀疑与种族歧视的规律，并为此深感担忧。” 美国政府根据《中国倡议》，已开始将美籍华裔科学家和研究人员作为广泛审查的目标。在仇外情绪的推动下，美国司法部于2018年通过了《中国倡议》，旨在打击经济间谍活动。《中国倡议》是近期仇外浪潮为针对华裔和亚裔美国人而采取的行动，这种作为在美国历史上有许多先例，亚裔美国人和亚裔移民由于他们的族裔而被视为怀疑对象，被当作替罪羊对待，并且被定性为不忠于美国的间谍，是“永远的外国人”。 “美国政府应该将那些窃取国家安全和商业机密的人绳之以法，但是他们不应该在没有证据的情况下便直接将华裔群体作为调查目标。” 作为前任美国司法部审判律师，现任为推进正义— 亚裔法律联盟的法律主任格伦 · 卡顿指出，“如果不是因为《中国倡议》，政府根本不会关心像陶博士这样背景的人，更不会提出荒谬的指控，这是一种歧视，也是一种资源浪费。“ 随着美国政府对教育机构逐渐施加压力，要求高校将行政问题定位为刑事犯罪，同时督促联邦部门增加在全国范围内的指控次数。多个错误逮捕与错诉的案件，以及来自政府人员带有偏见的言论都表明，在对华裔、亚裔美国人和移民的指控和判决中，存在着种族偏见。这份“法庭之友书状”阐述了美国政府针对美籍华裔科学家和研究人员的广泛审查与种族定性，同时探讨在排外的政治氛围下，这些指控对华裔、亚裔美国人以及移民群体所造成的伤害。 点击阅读法庭之友书状 有关 United States v. Tao (2:19-cr-20052), 请参阅更多背景信息, 请参阅 Feng "Franklin" Tao. |
At The Beginning of the Case
On August 21, 2019, the Department of Justice (DOJ) announced the indictment of Professor Feng “Franklin” Tao (陶丰), a professor at Kansas University for failing to disclose conflict of interest with Fuzhou University in China. Several individuals associated with APA Justice quickly searched the Internet and raised the following questions and observations. Bloomberg also produced this report U.S. Says Scientist Hid Job in China. Web Search Tells Otherwise the same day.
Why is the DOJ National Security Division involved in announcing a case of conflict of interest in employment? It is likely that Professor Tao’s case started as one of the over 1,000 reported FBI investigations on intellectual property thefts. What would spur the inspiration for the FBI and DOJ to go there in the first place? Would the FBI and DOJ have thought to make that inquiry for someone white working for a U.S university and a Chinese one at the same time? What is the Changjiang Scholars Program? Has it threatened U.S. national security? The Changjiang Scholar program was started in China in 1998. Selection of Changjiang Scholars is made public each year since its beginning. The Ministry of Education (MOE) of China publicly announced a list of 463 candidates on January 5, 2018, and selected Professor Tao as the first-ever Changjiang Scholar at Fuzhou University on May 18, 2018. Was there prima facie criminal intent for Professor Tao to deceive? The MOE announcement identified Professor Tao’s affiliation with Kansas University. He is publicly listed as a faculty member at Fuzhou University. Professor Tao’s publications such as this November 2018 paper in the National Library of Medicine under the National Institute of Health identifies himself as affiliated with both Fuzhou University and Kansas University. The indictment of Professor Tao resembles closely the cases of Dr. Chunzai Wang and Professor Ning Xi as profiling victims and raises further questions about the concerns of a secret blacklist under S. 2133 Secure American Research Act of 2019. We will be monitoring this case closely: USA v. Tao, 2:19-cr-20052, U.S. District Court, District of Kansas (Kansas City). |
2019年8月21日，美国司法部（DOJ）宣布起诉堪萨斯大学陶丰教授，指控他隐瞒与中国福州大学的利益冲突。APA Justice义工迅速搜索了互联网并提出了以下问题和意见：
为什么司法部的国家安全部门参与宣布这起就业利益冲突案件？ 陶教授的案件可能是目前1,000多起FBI有关知识产权盗窃调查之一。 什么会刺激FBI和DOJ首先这方面的灵感？ 美国联邦调查局和司法部是否会考虑同时为美国大学和中国大学工作的白人进行调查？ 什么是长江学者计划？ 它是否威胁到美国的国家安全？ 长江学者计划于1998年在中国启动。每年选拔长江学者都是公开公佈。 中国教育部（MOE）于2018年1月5日公布了463名候选人名单，并于2018年5月18日选举陶教授为福州大学首位长江学者。 陶教授是否有欺骗性的犯罪意图？ 中国教育部的公告明确显示陶教授与堪萨斯大学的关系。 福州大学公开列他于教师名录。 陶教授的出版文章，例如2018年11月在国立卫生研究院国家医学图书馆发表的论文，都表明自己隶属于福州大学和堪萨斯大学。 陶教授的起诉与王春在博士和席宁教授的种族定性案件密切相似，并对 S.2133 《美国安全研究法案》的秘密黑名单提议表示更进一步的质疑关切。 我们将密切关注此案：2：19-cr-20052，美国地区法院，堪萨斯州（堪萨斯城）。 |
Additonal Links and Reports
2021/08/24 Washington Post: Kansas professor says FBI misled court in alleging hidden ties to Chinese government
2021/01/28 《美南日报》: 陶峰教授即將與司法部對簿公堂
2021/01/22 United Chinese Americans: 陶峰即将与司法部对簿公堂
2020/11/28 GoFundMe: Legal Defense Fund for Franklin Tao
2020/11/02 Huron Daily Tribute: Judge refuses to dismiss charges against Kansas researcher
2020/08/21 Chemical & Engineering News: University of Kansas chemist Feng ‘Franklin’ Tao’s attorneys move to dismiss charges for fraud and false statements
世界日报: 亞裔民權機構：未披露與中國大學關係不算商業間諜
AsAmNews: Amicus Brief from Asian American Civil Rights Groups Alleges Federal Government Racially Profiles Asian American Researchers, Scientists
2020/08/20 AAAJ | Asian American Justice Center: United States v. Tao Amicus Brief
2020/08/14 AP: Filing: Kansas prof’s prosecution criminalizes job disputes
Lincoln Journal Star: Filing: Kansas prof's prosecution criminalizes job disputes
2020/07/02 Chemical & Engineering News: Revised charges filed against University of Kansas chemist Feng ‘Franklin’ Tao
2020/01/24 Chemical & Engineering News: New charges filed against University of Kansas chemist Feng “Franklin” Tao
2020/01/06 AP: Judge mulls fate of US researcher who denies Chinese work
2019/11/20 Washington Post: Accused of fraud, Kansas researcher denies working for a Chinese university as he fights federal charge
2019/11/18 Houston Chronicle: Kansas researcher denies working for Chinese university
2019/11/17 Wall Street Journal: U.S. Struggles to Stem Chinese Efforts to Recruit Scientists
2019/09/18 Law360: Professor’s Case Draws Hard Line On Foreign Conflicts
2019/08/23 环球科学: 华人化学家因“隐瞒在华全职工作”在美遭四项指控
2019/08/22 Financial Times中文网: US indicts Chinese professor over alleged lack of disclosure
South China Morning Post: US charges Kansas researcher Feng ‘Franklin’ Tao over ties to Chinese university
2019/08/21 KMBC9 News: KU researcher charged with failing to disclose conflict of interest with Chinese university
Bloomberg: U.S. Says Scientist Hid Job in China. Web Search Tells Otherwise
Department of Justice: University of Kansas Researcher Indicted for Fraud for Failing to Disclose Conflict of Interest with Chinese University
2021/01/28 《美南日报》: 陶峰教授即將與司法部對簿公堂
2021/01/22 United Chinese Americans: 陶峰即将与司法部对簿公堂
2020/11/28 GoFundMe: Legal Defense Fund for Franklin Tao
2020/11/02 Huron Daily Tribute: Judge refuses to dismiss charges against Kansas researcher
2020/08/21 Chemical & Engineering News: University of Kansas chemist Feng ‘Franklin’ Tao’s attorneys move to dismiss charges for fraud and false statements
世界日报: 亞裔民權機構：未披露與中國大學關係不算商業間諜
AsAmNews: Amicus Brief from Asian American Civil Rights Groups Alleges Federal Government Racially Profiles Asian American Researchers, Scientists
2020/08/20 AAAJ | Asian American Justice Center: United States v. Tao Amicus Brief
2020/08/14 AP: Filing: Kansas prof’s prosecution criminalizes job disputes
Lincoln Journal Star: Filing: Kansas prof's prosecution criminalizes job disputes
2020/07/02 Chemical & Engineering News: Revised charges filed against University of Kansas chemist Feng ‘Franklin’ Tao
2020/01/24 Chemical & Engineering News: New charges filed against University of Kansas chemist Feng “Franklin” Tao
2020/01/06 AP: Judge mulls fate of US researcher who denies Chinese work
2019/11/20 Washington Post: Accused of fraud, Kansas researcher denies working for a Chinese university as he fights federal charge
2019/11/18 Houston Chronicle: Kansas researcher denies working for Chinese university
2019/11/17 Wall Street Journal: U.S. Struggles to Stem Chinese Efforts to Recruit Scientists
2019/09/18 Law360: Professor’s Case Draws Hard Line On Foreign Conflicts
2019/08/23 环球科学: 华人化学家因“隐瞒在华全职工作”在美遭四项指控
2019/08/22 Financial Times中文网: US indicts Chinese professor over alleged lack of disclosure
South China Morning Post: US charges Kansas researcher Feng ‘Franklin’ Tao over ties to Chinese university
2019/08/21 KMBC9 News: KU researcher charged with failing to disclose conflict of interest with Chinese university
Bloomberg: U.S. Says Scientist Hid Job in China. Web Search Tells Otherwise
Department of Justice: University of Kansas Researcher Indicted for Fraud for Failing to Disclose Conflict of Interest with Chinese University