In this week's C&EN, this news (article by Leigh Krietsch Boerner):
The 10th US Circuit Court of Appeals in Denver voted 2–1 on July 11 to throw out the conviction of former University of Kansas (KU) chemist Feng “Franklin” Tao. A jury had found Tao guilty of one count of making false statements to KU, the US National Science Foundation, and the US Department of Energy because he did not disclose connections to Fuzhou University in China.
Judge Nancy Louse Moritz states in the ruling that there was insufficient evidence that Tao’s disclosure statement to KU was relevant to the two government agencies. “We reverse Tao’s conviction and remand for the district court to enter a judgment of acquittal,” she writes.
Tao was tried in March 2022 under the China Initiative, a controversial program that the US Department of Justice created to crack down on economic espionage. The Biden administration ended the program in February 2022 because it was targeting people of Asian descent.
In April 2022, the Kansas City, Kansas, jury found Tao guilty of one count of making false statements and three counts of wire fraud. US District Judge Julie A. Robinson, who oversaw Tao’s trial, acquitted him of the wire fraud counts in September of that year. In January 2023, she sentenced him to time served and supervised release for two years.
I continue to marvel at the lack of results from the China Initiative to actually crack down on Chinese espionage in the United States.
