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Legal Docket by CourtListener: United States v. Juan (2:20-cr-00134)
On July 22, 2021, the Department of Justice (DOJ) motioned to drop their case against Dr. Juan Tang, a cancer researcher from China at the University of California at Davis. The motion gave no reason for seeking the dismissal. U.S. District Judge John A. Mendez granted the motion to dismiss on July 23, 2021.
According to Reuters, the step comes after the defense called for the case to be dismissed, based on 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. Defense lawyers say their clients’ real crime is running afoul of U.S.-China politics.
Trial of Dr. Tang was scheduled to begin in Sacramento, California on July 26, 2021. Dr. Tang was accused of concealing her ties to the Chinese military on a visa application almost a year ago on July 23, 2020. If convicted, she faced a maximum statutory penalty of 10 years in prison and a fine of $250,000.
According to media reports, Dr. Tang’s attorneys had argued that she was not a member of the Chinese military but had worked as a civilian at a Chinese military facility and had done nothing wrong. They had pressed for the case to go to trial.
Judge John A. Mendez previously dismissed a separate count charging Dr. Tang with lying to the FBI because agents violated her Miranda rights by not advising her that she did not have to answer their questions.
According to Reuters, the step comes after the defense called for the case to be dismissed, based on 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. Defense lawyers say their clients’ real crime is running afoul of U.S.-China politics.
Trial of Dr. Tang was scheduled to begin in Sacramento, California on July 26, 2021. Dr. Tang was accused of concealing her ties to the Chinese military on a visa application almost a year ago on July 23, 2020. If convicted, she faced a maximum statutory penalty of 10 years in prison and a fine of $250,000.
According to media reports, Dr. Tang’s attorneys had argued that she was not a member of the Chinese military but had worked as a civilian at a Chinese military facility and had done nothing wrong. They had pressed for the case to go to trial.
Judge John A. Mendez previously dismissed a separate count charging Dr. Tang with lying to the FBI because agents violated her Miranda rights by not advising her that she did not have to answer their questions.
Links and References
2021/07/24 Axios: DOJ drops cases against 5 Chinese researchers
2021/07/23 Reuters: U.S. moves to drop visa fraud charges against Chinese researcher
Doc 213: Judge's order granting motion to dismiss
世界新聞網: 審判前檢方忽尋求撤銷中國軍人唐娟簽證欺詐案
2021/07/22 AP: US seeks to drop Chinese researcher’s visa fraud case
Sacramento Bee: On eve of trial, feds ask to drop yearlong prosecution of UC Davis Chinese researcher
Doc 212: Government's motion to dismiss
路透新闻部: 美国司法部提出撤销对中国学者唐娟的所有指控
2021/07/19 Doc 195: Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial
Doc 195 Exhibits: 2021/04/01 FBI Background Note and 2021/06/23 Interview of Jesse Field
2021/06/11 Sacramento Bee: Did the FBI go too far questioning Chinese researchers without reading them their rights?
2020/11/07 Sacramento Bee: Judge rejects bid to have Chinese UC Davis researcher moved because of death threats
2020/09/24 Sacramento Bee: Chinese researcher facing visa fraud charges can remain free on bail, federal judge rules
2020/08/27 Sacramento Bee: Chinese researcher may win release on bail after couple offers home equity as security
2020/07/25 AP: Chinese researcher charged with US visa fraud is in custody
2020/07/23 Department of Justice: Researchers Charged with Visa Fraud After Lying About Their Work for China’s People’s Liberation Army
2021/07/24 Axios: DOJ drops cases against 5 Chinese researchers
2021/07/23 Reuters: U.S. moves to drop visa fraud charges against Chinese researcher
Doc 213: Judge's order granting motion to dismiss
世界新聞網: 審判前檢方忽尋求撤銷中國軍人唐娟簽證欺詐案
2021/07/22 AP: US seeks to drop Chinese researcher’s visa fraud case
Sacramento Bee: On eve of trial, feds ask to drop yearlong prosecution of UC Davis Chinese researcher
Doc 212: Government's motion to dismiss
路透新闻部: 美国司法部提出撤销对中国学者唐娟的所有指控
2021/07/19 Doc 195: Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial
Doc 195 Exhibits: 2021/04/01 FBI Background Note and 2021/06/23 Interview of Jesse Field
2021/06/11 Sacramento Bee: Did the FBI go too far questioning Chinese researchers without reading them their rights?
2020/11/07 Sacramento Bee: Judge rejects bid to have Chinese UC Davis researcher moved because of death threats
2020/09/24 Sacramento Bee: Chinese researcher facing visa fraud charges can remain free on bail, federal judge rules
2020/08/27 Sacramento Bee: Chinese researcher may win release on bail after couple offers home equity as security
2020/07/25 AP: Chinese researcher charged with US visa fraud is in custody
2020/07/23 Department of Justice: Researchers Charged with Visa Fraud After Lying About Their Work for China’s People’s Liberation Army