A federal grand jury in Brooklyn yesterday returned a superseded indictment charging five defendants, including one current federal law enforcement officer and one retired federal law enforcement officer, with various crimes related to a transnational scheme of oppression organized on behalf of Govt. People’s Republic of China (PRC).
Defendants Fan “Frank” Liu, 62, of Jericho, New York; Matthew Ziburis, 49, of Oyster Bay, New York; and Qiang “Jason” Sun, 40, of the PRC was indicted in March 2022 for allegedly carrying out a transnational scheme of oppression that targeted US residents whose political views and actions are frowned upon by the PRC Government. Among other items, these defendants allegedly conspired to destroy the artwork of a PRC citizen living in Los Angeles, who was critical of the PRC government and planted surveillance equipment in the artist’s workplace and car to spy on him from the PRC. Liu and Ziburis were arrested following a criminal complaint in March 2022, while Sun remains at large.
The superseded indictment adds two new defendants, Craig Miller and Derrick Taylor, to the scheme. Miller is a 15-year employee of the Department of Homeland Security (DHS), currently assigned as a deportation officer to DHS Emergency Relief Operations in Minneapolis, and Taylor is a retired DHS law enforcement agent currently currently working as a private investigator in Irvine, California. Miller and Taylor are charged with obstruction of justice for allegedly destroying evidence after they were contacted by FBI agents and asked about their acquisition and dissemination of sensitive and confidential information from a restricted federal law enforcement database regarding dissidents from the PRC in the United States. Miller and Taylor were arrested following a criminal complaint in June 2022.
“We will protect the rights of people in the United States to engage in free speech and political expression, including opinions that the PRC government wants to silence,” said Assistant Attorney General for National Security Matthew G. Olsen. “According to the accusation, these individuals assisted foreign government agents to try to suppress dissenting voices that have taken refuge here. The defendants include two sworn law enforcement officers who chose to abandon their oath and break the law. This indictment is the next step in holding all these defendants accountable for their crimes.”
“As alleged, this case involves a multi-pronged campaign to silence, harass, discredit and spy on US residents for exercising their free speech – with the help of a current federal law enforcement official and a private investigator who provided information confidential about residents of the United States by limited. law enforcement database, and when confronted about their inappropriate behavior, they lied and destroyed evidence,” said U.S. Attorney Breon Peace for the Eastern District of New York. “This office will always work closely with our law enforcement partners to root out corrupt officials at all levels of government and will prosecute those acting on behalf of a hostile foreign state to target free speech residents of the United States on American soil.”
“This case exposes efforts by the PRC government to suppress voices of dissent within the United States. The actions taken by the defendants – two of whom are current or former federal law enforcement officers – show how the PRC seeks to stalk, intimidate and silence those who oppose it ,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division . “The FBI fights transnational tyranny because it is evil in itself, and an attack on the freedom of an open society. The safety of our community and the safety of our nation were compromised by this criminal behavior, and we remain committed to fighting transnational tyranny and bringing its perpetrators to justice.”
Liu and Ziburis are accused of conspiring to act as agents of the PRC government. Liu, Ziburis and Sun are charged with conspiracy to commit interstate harassment and criminal use of identification. Liu and Sun are accused of conspiring to bribe a federal official in connection with their scheme to obtain the tax returns of a pro-democracy activist living in the United States. Miller and Taylor are both charged with obstruction of justice, while Taylor is charged with making a false statement to the FBI.
If convicted, Liu faces up to 30 years in prison; Ziburis, Sun and Taylor face up to 25 years in prison; and Miller faces up to 20 years in prison. The defendants will be arrested later.
Liu and Ziburis allegedly acted under Sun’s direction and control to discredit pro-democracy PRC dissidents living in the United States, including those in New York City, California and Indiana. with efforts to spread negative information about, and to spy on, stalk, harass and surveil dissidents in the United States.
According to the indictment, one of Liu’s co-conspirators (“Co-conspirator”) retained Taylor to obtain personal identifying information regarding multiple PRC dissidents residing in the United States, including passport and photo information, and flight records and immigration, which Taylor claimed was responsible for two DHS law enforcement officials, including Miller. Miller and the other DHS agent allegedly obtained the information from the restricted database and improperly provided it to Taylor, who shared it with the Co-Conspirator. Liu, Ziburis and Sun used this information to target and harass these US residents while acting on behalf of the PRC government.
According to court documents, Miller and Taylor both lied about their past behavior when confronted by the FBI. According to the indictment, Miller deleted text messages with Taylor from his phone while being interviewed by the FBI, and Taylor instructed a co-conspirator to withhold evidence from the US government. When interviewed by the FBI, Taylor falsely claimed to have obtained the records in question from a friend who was using the “Dark Web” – presumably a reference to the dark web.
According to the indictment, the Co-Conspirator called Taylor and claimed to have received a subpoena from the Department of Justice seeking the Co-Conspirator’s communications with Taylor, and Taylor instructed the Co-Conspirator to withhold such information from the US government.
According to court documents, when interviewed by the FBI, Miller initially claimed he was in casual contact with Taylor and said the two did not discuss work matters. After agents admonished Miller to be honest, Miller admitted that Taylor had given him names to run through law enforcement databases. Miller gave the FBI permission to search his phone, and eventually admitted that he had run the inquiries on Taylor’s behalf and sent the results to Taylor via text message, and that Taylor had provided a gift card in return. Miller then admitted that he had deleted the text chain with Taylor during the interview earlier that day and that he had falsified all earlier statements about the text chain, including whether the chain contained the names Taylor had requested. .
Assistant United States Attorneys Alexander A. Solomon and Emily J. Dean for the Eastern District of New York are prosecuting the case with assistance provided by Trial Attorney Scott Claffee of the National Security Division’s Counterintelligence and Export Control Section , Assistant United States Attorney Christopher D. Grigg for the Central District of California and Assistant United States Attorney Kimberly Svendsen for the District of Minnesota. The US Peace Attorney also thanked US Immigration and Customs Enforcement, the Office of Professional Responsibility, for its assistance in the investigation.
The FBI has created a website for victims to report attempts by foreign governments to stalk, terrorize or attack people in the United States. If you believe you are or have been a victim of transnational repression, go to https://www.fbi.gov/investigate/counterintelligence/transnational-repression.
An indictment is only an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Overview. The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for much of the same crime. The relevant part of the Fifth Amendment states, “No person shall . . . be subject to the same offense being put twice in danger of life or limb. . . . "
Does the President have immunity?
Fitzgerald presidential immunity that the President enjoys absolute immunity from civil litigation for official acts performed while he or she is President. This may interest you : Latinos unite against the United States. The Court suggested that this immunity was broad (though not unlimited), applicable to actions within the "outer perimeter" of the official duties of the President.
Does the President have qualified immunity? However, the President of the United States only has absolute immunity from civil claims, not criminal charges. The Supreme Court issued this ruling in Nixon v. Fitzgerald in 1968 – a case involving a lawsuit filed by a government contractor against Richard Nixon while he was President.
Does the President have immunity from being sued?
Judgment. In a 5-4 decision, the Court ruled that the President is entitled to absolute immunity from legal liability for civil damages based on his official acts.
Who is the richest president?
1. Donald Trump ($2.9 billion Net Worth) When adjusted for inflation, Donald Trump is the richest person to ever serve as president—even at the lowest estimate. To see also : FOS PM: Fanatics Eyes Sports Betting. Trump had a prominent real estate career in New York City before throwing his hat in the political ring.
Which four elements are used to determine if a defendant’s right to a speedy trial has been violated?
Wingo , the US Supreme Court concludes that there is no specific period of time for a trial to qualify as “expedited. This may interest you : FACTS: The United States and the G7 will take further action to support Ukraine and hold the Russian Federation accountable.” Instead, the court rules that a number of factors must be used to determine whether a Sixth Amendment right was violated: (1) the length of the delay, (2) the reason for the delay, (3) the defendant’s request for the …
What guarantees the right to a speedy trial? The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without undue delay, the right to counsel, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence in against you
Which factor helps determine whether a trial is sufficiently speedy?
These factors are: The length of the delay; Reason for the delay; the defendant’s assertion of his right; a.
What are the four criteria in determining if a delay has violated the constitutional protection?
(in assessing whether a facially unreasonable delay has resulted in a violation of due process, an appellate court weighs the following four Barker factors [407 US 514 (1972)]: (1) the length of the delay; (2) the reasons for the delay; (3) the appellant’s claim of the right to timely review and appeal; and (4) prejudice)…
What are the 4 parts of the 6th Amendment?
Speedy Trial, Public Trial, Right to an Impartial Jury Trial, Notice of Pending Criminal Charges.
What does the 5th Amendment mean in simple terms?
The Fifth Amendment creates a number of rights that apply to both criminal and civil lawsuits. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, prohibits “double jeopardy,” and protects against self-incrimination.
What are some examples of the Fifth Amendment? During a criminal trial, the Fifth Amendment applies to more individuals than just the defendant. For example, a witness can refuse to give evidence if doing so would cause him or her to incriminate himself, even if the criminal behavior in question is not related to the case itself.
What is the meaning of the 5th Amendment?
The Fifth Amendment creates a number of rights that apply to both criminal and civil lawsuits. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, prohibits “double jeopardy,” and protects against self-incrimination.
