Legal Docket by CourtListener: United States v. Yu (1:19-cr-10195)
In June 2019, Haoyang Yu, a former Analog Devices, Inc. (ADI) engineer residing in Lexington MA, was indicted by federal prosecutors on allegations relating to possessing stolen trade secrets, wire fraud, illegal exports, and immigration fraud, for a total of 21 charges.
Through three superseding indictments, his wife Yanzhi Chen was also charged. under the same allegations. Yu is a naturalized U.S. citizen.
On May 26, 2022, after a month-long trial, a federal jury in Boston acquitted Mr. Yu on 18 of the 19 charges pending against him, with a sole conviction in illegal possession of trade secrets. The judge had previously dismissed one wire fraud charge before trial and acquitted him on a naturalization fraud charge at the close of evidence.
On June 29, 2022, Law360 reported that federal prosecutors dismissed charges against Yu's wife after the husband largely beat a case alleging he
stole company trade secrets to jump-start his own computer chip business. Citing the lopsided ratio of not guilty verdicts returned against Haoyang Yu in May, U.S. Attorney Rachael Rollins dropped wire fraud charges against Yanzhi Chen related to what prosecutors claimed was Yu's plot to boost hundreds of sensitive files from ADI and deposit them into his personal Google account.
On Nov. 14, 2022, Mr. Yu’s attorneys filed a motion asking the Court to reconsider their pre-trial motion to dismiss Yu’s case due to unconstitutional selective enforcement and prosecution based on his Chinese ethnicity. Mr. Yu’s sentencing hearing is scheduled for December 2022.
On the same day, the Asian Americans for Equal Rights (AAER) 亚裔平权联盟, a non-profit organization headquartered in Massachusetts, submitted a letter to U.S. Attorney Rachael Rollins and her top deputy Joshua S. Levy. The letter was joined by eight other regional and national organizations including United Chinese Americans. It appeals for the withdrawal of the only remaining criminal charge against Yu.
Rachael Rollins' predecessor Andrew Lelling brought the original charges against Yu. Andrew Lelling was also the lead prosecutor of MIT Professor Gang Chen 陈刚 in January 2020 and openly questioned Professor Chen's loyalty to the U.S. A year later, Rachael Rollins motioned for the dismissal of all charges against Professor Chen which was approved by the Court.
On November 18, 2022, The Lexington Observer published a comprehensive report on "With Haoyang Yu’s sentencing approaching in December, lawyers renew effort to have single remaining criminal charge dismissed on grounds of “selective enforcement and prosecution” based on Yu’s ethnicity"
On December 22, The Intercept published a comprehensive investigative report on "CHIPPED AWAY: A Competitor Put the FBI on Haoyang Yu's Trail. The Investigation Didn't Go as Planned."
A hearing on the motion to acquit the final count is scheduled for January 2023.
Haoyang Yu is represented by William W. Fick and Daniel N. Marx of Fick & Marx LLP. Yanzhi Chen is represented by Thomas J. Butters and Matthew D. Thompson of Butters Brazilian LLP.
Links and References
2022/12/22 Intercept: CHIPPED AWAY: A Competitor Put the FBI on Haoyang Yu's Trail. The Investigation Didn't Go as Planned
2022/11/21 Newswire: Asian American Organizations Urge U.S. Attorney to Withdraw Sole Criminal Charge against Haoyang Yu
2022/11/18 Lexington Observer: With Haoyang Yu’s sentencing approaching in December, lawyers renew effort to have single remaining criminal charge dismissed on grounds of “selective enforcement and prosecution” based on Yu’s ethnicity
2022/11/14 Asian Americans for Equal Rights: Haoyang Yu Case: Letter to US Attorney
Case 1:19-cr-10195 Document 315: Defendant Haoyang Yu’s Supplemental Memorandum in Support of Motion to Dismiss for Unconstitutional Selective Enforcement and Prosecution [D.E. 55-56] and Motion to Reconsider [D.E. 314]
2022/09/07 Law360: Conviction On Lone Charge Stands In ADI Trade Secrets Case
2022/06/29 Law360: Feds Scrap Trade Secrets Case Against Ex-ADI Worker's Wife
2022/06/04 Lexington Observer: Lexington man convicted on single count of possessing stolen trade secret, acquitted on majority of charges
2022/06/23 Boston Herald: Man accused of stealing trade secrets says he’s victim of profiling
2022/05/28 Boston Globe: Lexington engineer convicted on 1 of 19 federal charges in trade secret trial
2022/05/26 Law360: BREAKING: Ex-ADI Engineer Cleared Of Most Charges In Trade Secret Trial
2022/01/26 Case 1:19-cr-10195 Document 178: Third Superseding Indictment
2021/10/13 Case 1:19-cr-10195 Document 137: Second Superseding Indictment
2020/10/01 Case 1:19-cr-10195 Document 78: First Superseding Indictment
Department of Justice: Lexington Couple and their Semiconductor Company Indicted on Charges of Theft of Trade Secrets from Norwood Semiconductor Company
2019/06/14 Department of Justice: Lexington Man and Semiconductor Company Indicted for Theft of Trade Secrets
2019/06/11 Case 1:19-cr-10195 Document 1: Indictment
Through three superseding indictments, his wife Yanzhi Chen was also charged. under the same allegations. Yu is a naturalized U.S. citizen.
On May 26, 2022, after a month-long trial, a federal jury in Boston acquitted Mr. Yu on 18 of the 19 charges pending against him, with a sole conviction in illegal possession of trade secrets. The judge had previously dismissed one wire fraud charge before trial and acquitted him on a naturalization fraud charge at the close of evidence.
On June 29, 2022, Law360 reported that federal prosecutors dismissed charges against Yu's wife after the husband largely beat a case alleging he
stole company trade secrets to jump-start his own computer chip business. Citing the lopsided ratio of not guilty verdicts returned against Haoyang Yu in May, U.S. Attorney Rachael Rollins dropped wire fraud charges against Yanzhi Chen related to what prosecutors claimed was Yu's plot to boost hundreds of sensitive files from ADI and deposit them into his personal Google account.
On Nov. 14, 2022, Mr. Yu’s attorneys filed a motion asking the Court to reconsider their pre-trial motion to dismiss Yu’s case due to unconstitutional selective enforcement and prosecution based on his Chinese ethnicity. Mr. Yu’s sentencing hearing is scheduled for December 2022.
On the same day, the Asian Americans for Equal Rights (AAER) 亚裔平权联盟, a non-profit organization headquartered in Massachusetts, submitted a letter to U.S. Attorney Rachael Rollins and her top deputy Joshua S. Levy. The letter was joined by eight other regional and national organizations including United Chinese Americans. It appeals for the withdrawal of the only remaining criminal charge against Yu.
Rachael Rollins' predecessor Andrew Lelling brought the original charges against Yu. Andrew Lelling was also the lead prosecutor of MIT Professor Gang Chen 陈刚 in January 2020 and openly questioned Professor Chen's loyalty to the U.S. A year later, Rachael Rollins motioned for the dismissal of all charges against Professor Chen which was approved by the Court.
On November 18, 2022, The Lexington Observer published a comprehensive report on "With Haoyang Yu’s sentencing approaching in December, lawyers renew effort to have single remaining criminal charge dismissed on grounds of “selective enforcement and prosecution” based on Yu’s ethnicity"
On December 22, The Intercept published a comprehensive investigative report on "CHIPPED AWAY: A Competitor Put the FBI on Haoyang Yu's Trail. The Investigation Didn't Go as Planned."
A hearing on the motion to acquit the final count is scheduled for January 2023.
Haoyang Yu is represented by William W. Fick and Daniel N. Marx of Fick & Marx LLP. Yanzhi Chen is represented by Thomas J. Butters and Matthew D. Thompson of Butters Brazilian LLP.
Links and References
2022/12/22 Intercept: CHIPPED AWAY: A Competitor Put the FBI on Haoyang Yu's Trail. The Investigation Didn't Go as Planned
2022/11/21 Newswire: Asian American Organizations Urge U.S. Attorney to Withdraw Sole Criminal Charge against Haoyang Yu
2022/11/18 Lexington Observer: With Haoyang Yu’s sentencing approaching in December, lawyers renew effort to have single remaining criminal charge dismissed on grounds of “selective enforcement and prosecution” based on Yu’s ethnicity
2022/11/14 Asian Americans for Equal Rights: Haoyang Yu Case: Letter to US Attorney
Case 1:19-cr-10195 Document 315: Defendant Haoyang Yu’s Supplemental Memorandum in Support of Motion to Dismiss for Unconstitutional Selective Enforcement and Prosecution [D.E. 55-56] and Motion to Reconsider [D.E. 314]
2022/09/07 Law360: Conviction On Lone Charge Stands In ADI Trade Secrets Case
2022/06/29 Law360: Feds Scrap Trade Secrets Case Against Ex-ADI Worker's Wife
2022/06/04 Lexington Observer: Lexington man convicted on single count of possessing stolen trade secret, acquitted on majority of charges
2022/06/23 Boston Herald: Man accused of stealing trade secrets says he’s victim of profiling
2022/05/28 Boston Globe: Lexington engineer convicted on 1 of 19 federal charges in trade secret trial
2022/05/26 Law360: BREAKING: Ex-ADI Engineer Cleared Of Most Charges In Trade Secret Trial
2022/01/26 Case 1:19-cr-10195 Document 178: Third Superseding Indictment
2021/10/13 Case 1:19-cr-10195 Document 137: Second Superseding Indictment
2020/10/01 Case 1:19-cr-10195 Document 78: First Superseding Indictment
Department of Justice: Lexington Couple and their Semiconductor Company Indicted on Charges of Theft of Trade Secrets from Norwood Semiconductor Company
2019/06/14 Department of Justice: Lexington Man and Semiconductor Company Indicted for Theft of Trade Secrets
2019/06/11 Case 1:19-cr-10195 Document 1: Indictment