REDDIT热议话题 A Chinese-American entrepreneur was targeted by the FBI at the behest of his competitor. He now faces 10 years in jail on what civil rights groups call trumped-up charges https://www.reddit.com/r/asianamerican/comments/zvso2z/a_chineseamerican_entrepreneur_was_targeted_by/ “is Asian; why are you challenging him? I see no reason to challenge him.” https://www.reddit.com/r/aznidentity/comments/zvqp8i/is_asian_why_are_you_challenging_him_i_see_no/ A Chinese American engineer was targeted by the FBI at the behest of his White competitor https://www.reddit.com/r/aznidentity/comments/zvt4f7/a_chinese_american_engineer_was_targeted_by_the/ Mara主编是个Investigative journalist. 她的推特如下。https://mobile.twitter.com/MaraHvistendahl/status/1605956337489350659 Investigative journalism is a form of journalism in which reporters deeply investigate a single topic of interest, such as serious crimes, political corruption, or corporate wrongdoing. An investigative journalist may spend months or years researching and preparing a report. Practitioners sometimes use the terms "watchdog reporting" or "accountability reporting." 搬运工完成啦～结尾的 winds through, 我觉得特别特别特别的好笑啊！美国的法律怎么跟儿戏一样～个人可以这么的被司法肆意任意恶意欺负，真是让人目瞪口呆哈！平安夜快乐，圣诞节快乐，enjoy your 小黄人‘a life in the USA! Chen’s hopes now center on the judge dismissing the case. But she is clear-eyed about Yu’s chances. “The success rate is very low,” she said, adding, “I don’t know why the government has invested so much on us. We are just normal people.” Meanwhile, in August, Analog Devices finally filed a civil lawsuit against Yu. By the time it winds through the courts, he may be in federal prison. 放在National security 分类底下，觉得好黑色幽默啊！ 主编是个小有名气的美女主编，真是人美心善，在上海待过多年，为多个被迫害的华人发声。 https://mobile.twitter.com/MaraHvistendahl/status/1605956337489350659 俺retweet了一下。顺便打赏了报社。这样的主编和报社得多来几打呀，难得这么亲民～ 才俩天，这个新闻/故事在推特上就有92K点击率，amazing. 华人上好少啊，语言的缘故？英文在中文网站不够亲民哈。Intercept上的故事很有意思，各种各样的离奇的真实爆料故事。 “Why Are You Challenging Him?” The drama began even before the trial started, when a prosecutor tried to ensure that an Asian American man was not chosen for the jury. The judge questioned the prosecutor’s motive. The potential juror, the judge noted, “is Asian; why are you challenging him? I see no reason to challenge him.” When the prosecutor replied that the objection was based on the man’s profession, the judge asked what that was. Silence ensued. “You don’t even know what the profession is,” the judge admonished the prosecutor. (Court documents, which give only the man’s first name and last initial, reveal that he worked as a nurse and paraprofessional for a public school system.) The government ended up withdrawing the objection, and the man remained on the jury. Proving that Yu was singled out will be a challenge. Traditionally, the burden of proof for a selective enforcement motion rests on the defense, and no lawyer has successfully argued it in a China Initiative or related case. But in November, Judge William G. Young reversed an earlier decision on the topic, ordering the U.S. government to turn over to the defense additional evidence connected to Yu’s prosecution. In one filing, Yu’s lawyers cited comments Lelling made to Science in 2020, in which they say he acknowledged that prosecutors were seeking out ethnic Chinese defendants. “Unfortunately, a lot of our targets are going to be Han Chinese,” Lelling said at the time. “If it were the French government targeting U.S. technology, we’d be looking for Frenchmen.’” 文章很长，有耐心的慢慢看，引一些推特上主编写的～ “NEW: A competitor put the FBI on Haoyang Yu''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''s trail. Agents sensed a semiconductor theft case involving China, where Yu was born. But the investigation didn''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''t go quite as planned.” ”In June, a jury acquitted Haoyang Yu of 18 of 19 charges. His lawyers are asking the judge to throw out the last charge, arguing that Yu, a US citizen, was targeted because of his ethnicity.” “The investigation started when a competitor went to the FBI, saying that Yu''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''s semiconductor chip company "smells a bit fishy." The tipster hinted, without evidence, that his company might be violating export control regulations.” “Two factors may have piqued USG interest in the case: 1) It involved semiconductor chips, which are absolutely critical to geopolitical maneuvering and to US-China tensions 2) It came as DOJ was charting plans for the now defunct China Initiative” “Internal documents in the court record show that early on, agents labeled Haoyang Yu a national security threat believed to be acting on behalf of the Chinese government. Spoiler alert: this allegation did not stand up. No charges related to China made it into the indictment.” “(I say "indictment" but there was in fact a series of indictments. Prosecutors often update charges after finding new evidence, but in this case they appear to have changed the allegations after the defense presented evidence refuting earlier charges.)” ”Four federal agencies worked on the investigation of Haoyang Yu. Agents mounted a camera outside his home, rifled through his trash, and followed his wife as she brought their kids to and from sports practice.” “The court documents show a series of missteps, including a confounding export control classification and a failed sting operation.” “Following Yu''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''s arrest, the US government charged his wife, Yanzhi Chen, with wire fraud after she refused to cooperate. The charges were dropped this summer, after Yu was largely acquitted.” ““There were so many mistakes,” Chen told me. “We have had three very dark years.” The USAO in Boston, Yu, and his lawyers declined to speak with me, citing ongoing legal proceedings.”
这文章写的真好，这样开始的 PAUL BLOUNT STARTED small. When he set up a semiconductor chip company in his basement in 2006, he was the only employee. He had spent a decade at the chip behemoth Hittite Microwave Corporation, and he saw room in the market for a boutique design outfit. About a decade later, a man named Haoyang Yu did almost exactly the same thing, setting up his own lean chip company, Tricon, in Lexington, Massachusetts, just 30 miles from Blount’s home. A tipster, whom Blount would later acknowledge was linked to his company, went to the Federal Bureau of Investigation, writing that their new competitor “smells a bit fishy.” 让我想起不久前的一个纪录片“Small Enough to Jail”， 一样small开始，Paul Blount 啥事也没有，其实真实情况是不是应该是 “Yellow Enough to Jail”?
“Without evidence, the tipster hinted that Tricon might be violating export control regulations. “They are most likely reselling someone else’s part and what makes me nervous is that at least one is 3A001.b.2.d part,” the tipster wrote, referring to an export control classification number covering certain MMIC chips.”
Nonetheless, the tip to the FBI set off a cascade of events that would upturn Yu’s world. Investigators came to see him as a national security threat, zeroing in on what they imagined were unsavory links to China, where Yu, now a U.S. citizen, was born. They mounted a secret camera on a pole outside his house and enlisted the local trash company to set aside his family’s garbage after collecting it so agents could covertly rifle through it. In May, after spending five nights in jail, three months with a clunky ankle bracelet tracking his movements, and over two and a half years in legal limbo, he stood trial for a slew of felonies, including export control violations, immigration fraud, and wire fraud. Prosecutors also accused Yu’s wife, Yanzhi Chen, of wire fraud after she refused to cooperate.
Court documents reveal a series of missteps, including a confounding export control classification and a failed sting operation. The lone charge of which Yu was ultimately convicted, possessing stolen trade secrets, had no connection to China. “There were so many mistakes,” Chen told The Intercept recently. “We have had three very dark years.”
“The root problem behind a specific set of cases remains: the way that our own government still sees foreignness as a threat.” Federal prosecutors, working closely with the FBI and large corporations, have brought dozens of cases over the last decade involving alleged technology theft by China. In 2018, amid rising tensions with Beijing, then-Attorney General Jeff Sessions gave the crackdown a name: the China Initiative. The initiative was scrapped earlier this year, following concerns from the American Civil Liberties Union and Asian American advocacy groups that it entailed racial profiling, but the biases that contributed to the program’s downfall endure, activists say. “The root problem behind a specific set of cases remains: the way that our own government still sees foreignness as a threat,” said Aryani Ong, co-founder of Asian American Federal Employees for Nondiscrimination. FBI Director Christopher Wray said in January that the bureau has over 2,000 open investigations involving China and technology. And perhaps no technology is more pivotal to geopolitical strategy than semiconductor chips, which are essential components of electronic devices and important to breakthroughs in computing. “We are deeply concerned that the Yu case is yet another continuation of biased targeting policies and practices,” said Jeremy Wu, founder of APA Justice Task Force, a group formed in the wake of several botched prosecutions of Chinese American scientists. “His case exemplifies another tragic ordeal.”
MMIC is often pronounced “mimic,” and copying competitors’ products is common in the chip industry, as are allegations of theft. Shortly before the tipster went to the FBI, Yu’s previous employer Analog Devices had accused three former employees of taking proprietary material upon leaving the company. That case took the form of a lawsuit against the former employees’ new workplace, Macom, and the matter was handled in civil court, with Analog paying its own legal fees. It quickly ended in a settlement. But Yu’s case was different. Because the U.S. government alleged that it involved a potential national security threat, four federal intelligence agencies conducted the sprawling 18-month investigation. And while Analog Devices provided information, federal prosecutors ultimately decided which charges to press, and U.S. taxpayers covered the ballooning investigative and legal costs.
Agents from the FBI, Department of Homeland Security, Commerce Department, and U.S. Navy worked together to bring down a man they envisioned as a sophisticated technological spy. In addition to putting Yu under surveillance, they followed Chen around town as she drove their kids to and from sports practices and obtained a search warrant to comb through Yu’s email accounts. From the start, the U.S. government’s investigation didn’t go quite as planned. Early on, an undercover agent with DHS’s Homeland Security Investigations force wrote to Yu, posing as representative of a potential buyer named “XY Atallah” from Jordan. The agent asked about a chip with specifications close to those that fall under export controls. “If good price, we can make business,” he wrote. The agent repeated the stereotypical phrase in a follow-up email the next day: “We make business.” Yu suggested lower-frequency chips that could be legally exported to Jordan without a license. When the undercover agent posing as Atallah declined, insisting on the higher-frequency chip and saying he could pay upfront, Yu walked away from the deal. Agents also found emails that Yu had exchanged with a potential buyer in Spain. After the buyer asked about controlled chips, Yu noted that he did not have an export license for the products and asked if the buyer had a licensed representative in the United States — a legal way of moving the product overseas, provided that Spain was the final destination. That deal didn’t go through, either. Nor did the investigation uncover solid evidence of crimes involving China. In March 2019, an HSI agent alleged in an internal report that Yu had stolen designs and technical data from his former employer to produce his own MMIC chips and sell them to entities in China in violation of export control regulations. The agent also contended that Yu had consulted for a Chinese company, claiming that the payment was evidence of “additional export violations to China.” Eventually, though, the government dropped both allegations. The HSI agent also claimed that Tricon had illegally exported one chip without seeking an export license. But a semiconductor industry expert hired by Yu’s lawyers would later show that the relevant export control classification had only been issued at the request of an investigator after Yu came under scrutiny. Companies that suspect their technology or designs have been taken generally “want to set an example for their own employees,” said Matthew Brazil, a former export controls official and resident fellow at the Jamestown Foundation focused on Chinese intelligence operations, after reviewing some of the court documents in Yu’s case. “That’s often a corporate response. But it’s not clear where the espionage component was in this case.” (Yu was never charged with espionage, but the U.S. government has in the past charged export control violations in cases alleged to involve spying or technology transfer.)
Meanwhile, inside their house, agents were rummaging through the family’s belongings as another pair of investigators from the Commerce Department and Homeland Security questioned Yu. When he asked whether he needed a lawyer, they brushed off the question. Over the course of the interview, Yu mentioned an attorney five more times. But instead of stopping so that he could contact one, the agents kept questioning him. When Yu declined to answer a query, musing that his remarks could be misinterpreted, one agent launched into a heated speech. “I appreciate that you want to try to protect yourself, but Haoyang, we’re past that. The question now is, are you willing to do the right thing?” The agent offered a sample confession: “Like, ‘Yes, I did it. I’m ashamed. I’m embarrassed. I shouldn’t have done it. I had financial problems and I was trying to do the best thing I could for my family and this is the way that I saw to get out of that. It was a terrible choice.’ Like — whatever.” But Yu stayed quiet.
As the couple’s cases moved toward trial, Yu’s defense team hired a semiconductor expert, Manfred Schindler, a consultant who had worked with several leading chip companies. Schindler wrote in an affidavit that small outfits like Tricon were common in the MMIC industry, and that companies commonly reverse engineer one another’s chips. “[M]ultiple manufacturers commonly sell individual items with very similar or even identical designs and performance characteristics,” he wrote. (Schindler declined to comment, citing a confidentiality agreement with Yu’s lawyers.) More explosively, Schindler took issue with the export control category that the U.S. government said governed one of Tricon’s chips. At the time, three of the charges against Yu hinged on that classification. The designation was unusual, Schindler wrote, because chips with similar specifications — including the one that prosecutors alleged Yu had copied — typically do not trigger export controls. He determined that the U.S. government had introduced the designation at the request of an agent investigating Yu and had never publicized the rule. The rule seemed to have been tailor-made for Yu. Instead, Rollins’s office went ahead with the prosecution. But by the time Yu stood trial, the allegations against him had changed. Prosecutors dropped the export control violation charges connected to the chip that Schindler had flagged after the Commerce Department reclassified it as not requiring a license. In a superseding indictment, they charged Yu with new export control violations, for sending two chip designs to a foundry, or chip factory, in Taiwan. Yu’s Tricon was what’s known as “fabless,” meaning the company didn’t fabricate the chips in-house. Instead, Yu designed chips which were then manufactured in foundries. In recent years, Commerce Department officials have grown more aggressive about how they interpret regulations with regard to the export of design files, but historically, companies including Analog Devices have at times not sought licenses for similar exports. “[Fabless] suppliers often use off-shore fabs and package houses, yet most US military contractors don’t seem to care about this,” the industry publication Microwaves 101 notes in an explainer on MMIC suppliers. “Go figure!” Using files found in Yu’s Google Drive and on devices seized from his home, prosecutors alleged that he had stolen the designs for “dozens” of chips from Analog Devices. And, in a sort of legal hall of mirrors, they tacked on charges that depended on other charges sticking. In his interview ahead of becoming a U.S. citizen in February 2017, Yu had asserted that he’d never committed or tried to commit a crime for which he had not been arrested. Prosecutors alleged that this was fraud because he had committed a crime: trade secrets theft, the crime they were charging him with.
“Why Are You Challenging Him?” The drama began even before the trial started, when a prosecutor tried to ensure that an Asian American man was not chosen for the jury. The judge questioned the prosecutor’s motive. The potential juror, the judge noted, “is Asian; why are you challenging him? I see no reason to challenge him.” When the prosecutor replied that the objection was based on the man’s profession, the judge asked what that was. Silence ensued. “You don’t even know what the profession is,” the judge admonished the prosecutor. (Court documents, which give only the man’s first name and last initial, reveal that he worked as a nurse and paraprofessional for a public school system.) The government ended up withdrawing the objection, and the man remained on the jury.
“Why Are You Challenging Him?” The drama began even before the trial started, when a prosecutor tried to ensure that an Asian American man was not chosen for the jury. The judge questioned the prosecutor’s motive. The potential juror, the judge noted, “is Asian; why are you challenging him? I see no reason to challenge him.” When the prosecutor replied that the objection was based on the man’s profession, the judge asked what that was. Silence ensued. “You don’t even know what the profession is,” the judge admonished the prosecutor. (Court documents, which give only the man’s first name and last initial, reveal that he worked as a nurse and paraprofessional for a public school system.) The government ended up withdrawing the objection, and the man remained on the jury. 放在National security 分类底下，觉得好黑色幽默啊！ 主编是个小有名气的美女主编，真是人美心善，在上海待过多年，为多个被迫害的华人发声。 https://mobile.twitter.com/MaraHvistendahl/status/1605956337489350659 俺retweet了一下。顺便打赏了报社。这样的主编和报社得多来几打呀，难得这么亲民～ 才俩天，这个新闻/故事在推特上就有92K点击率，amazing. 华人上好少啊，语言的缘故？英文在中文网站不够亲民哈。Intercept上的故事很有意思，各种各样的离奇的真实爆料故事。 文章很长，有耐心的慢慢看，引一些推特上主编写的～ “NEW: A competitor put the FBI on Haoyang Yu''''''''''''''''s trail. Agents sensed a semiconductor theft case involving China, where Yu was born. But the investigation didn''''''''''''''''t go quite as planned.” ”In June, a jury acquitted Haoyang Yu of 18 of 19 charges. His lawyers are asking the judge to throw out the last charge, arguing that Yu, a US citizen, was targeted because of his ethnicity.” “The investigation started when a competitor went to the FBI, saying that Yu''''''''''''''''s semiconductor chip company "smells a bit fishy." The tipster hinted, without evidence, that his company might be violating export control regulations.” “Two factors may have piqued USG interest in the case: 1) It involved semiconductor chips, which are absolutely critical to geopolitical maneuvering and to US-China tensions 2) It came as DOJ was charting plans for the now defunct China Initiative” “Internal documents in the court record show that early on, agents labeled Haoyang Yu a national security threat believed to be acting on behalf of the Chinese government. Spoiler alert: this allegation did not stand up. No charges related to China made it into the indictment.” “(I say "indictment" but there was in fact a series of indictments. Prosecutors often update charges after finding new evidence, but in this case they appear to have changed the allegations after the defense presented evidence refuting earlier charges.)” ”Four federal agencies worked on the investigation of Haoyang Yu. Agents mounted a camera outside his home, rifled through his trash, and followed his wife as she brought their kids to and from sports practice.” “The court documents show a series of missteps, including a confounding export control classification and a failed sting operation.” “Following Yu''''''''''''''''s arrest, the US government charged his wife, Yanzhi Chen, with wire fraud after she refused to cooperate. The charges were dropped this summer, after Yu was largely acquitted.” ““There were so many mistakes,” Chen told me. “We have had three very dark years.” The USAO in Boston, Yu, and his lawyers declined to speak with me, citing ongoing legal proceedings.”
The jury deliberated for five hours. After they largely cleared Yu of the charges, Rollins’s office boasted in a press release about the single charge that had stuck, calling it “the first-ever conviction following a criminal trial of this kind in the District of Massachusetts.” Few observers saw it as a win for the government, though. The trade publication Law360 recently listed the trial among a string of losses by the U.S. attorney’s office. “The verdict revealed this case for what it truly is: a trumped-up civil dispute between a multibillion-dollar, global technology company and its former employee concerning alleged trade secrets,” wrote Yu’s attorneys in a recent filing. “The government’s relentless pursuit of Mr. Yu was driven, at least in part, by its baseless and offensive assumption that he was a Chinese spy, secretly loyal to China and, thus, a danger to the national security of the United States.”
Proving that Yu was singled out will be a challenge. Traditionally, the burden of proof for a selective enforcement motion rests on the defense, and no lawyer has successfully argued it in a China Initiative or related case. But in November, Judge William G. Young reversed an earlier decision on the topic, ordering the U.S. government to turn over to the defense additional evidence connected to Yu’s prosecution. In one filing, Yu’s lawyers cited comments Lelling made to Science in 2020, in which they say he acknowledged that prosecutors were seeking out ethnic Chinese defendants. “nfortunately, a lot of our targets are going to be Han Chinese,” Lelling said at the time. “If it were the French government targeting U.S. technology, we’d be looking for Frenchmen.’”
Chen’s hopes now center on the judge dismissing the case. But she is clear-eyed about Yu’s chances. “The success rate is very low,” she said, adding, “I don’t know why the government has invested so much on us. We are just normal people.” Meanwhile, in August, Analog Devices finally filed a civil lawsuit against Yu. By the time it winds through the courts, he may be in federal prison.
其实人家整起华人黄右大妈来也是一点不手软。不过可能华人黄右大妈的理想是见希特勒。 Lu Jing, 56, was the second Chinese national to be arrested for trespassing last year at the resort where Trump often visits. Her prosecution was left to local rather than federal authorities, as the president was not present on Dec. 18 when she entered the property and began taking pictures. A jury on Wednesday cleared Lu of trespassing but convicted her of misdemeanor resisting arrest after police said she balled her hands into fists, crossed her arms and screamed “no, no, no” upon being arrested. Palm Beach County Judge Mark Eissey imposed the six-month sentence despite defense claims that Lu was a merely a tourist who made an “an honest mistake” and was a casualty of the language barrier. Prosecutors contended Lu had made a “calculated decision.”
Mara主编是个Investigative journalist. 她的推特如下。https://mobile.twitter.com/MaraHvistendahl/status/1605956337489350659 Investigative journalism is a form of journalism in which reporters deeply investigate a single topic of interest, such as serious crimes, political corruption, or corporate wrongdoing. An investigative journalist may spend months or years researching and preparing a report. Practitioners sometimes use the terms "watchdog reporting" or "accountability reporting.
The drama began even before the trial started, when a prosecutor tried to ensure that an Asian American man was not chosen for the jury. The judge questioned the prosecutor’s motive. The potential juror, the judge noted, “is Asian; why are you challenging him? I see no reason to challenge him.”
When the prosecutor replied that the objection was based on the man’s profession, the judge asked what that was. Silence ensued. “You don’t even know what the profession is,” the judge admonished the prosecutor.
Yu is prosecuted on a rule created to target only him:
The designation was unusual, Schindler wrote, because chips with similar specifications — including the one that prosecutors alleged Yu had copied — typically do not trigger export controls. He determined that the U.S. government had introduced the designation at the request of an agent investigating Yu and had never publicized the rule. The rule seemed to have been tailor-made for Yu.
Designing chips while Asian | Blount pointed the FBI towards his direct competitor Yu while doing the exact things he accused Yu of doing:
When cross-examined by the defense, Blount admitted that he had met Yu before, though he said he did not remember the encounter. He conceded that Kapabl Engineering was, like Tricon, registered in his wife’s name. Just as Tricon had a bare-bones website, Kapabl Engineering had a site that Blount conceded was “rudimentary.” And much as Tricon had sent designs to Taiwan to be manufactured without obtaining an export license, Custom MMIC had sent designs to France without a license until 2019, the year Yu was arrested.
“Custom never got an export license to send the GDS to France?” asked Fick, Yu’s attorney, referring to a chip design file.
“We did not, no,” Blount answered.
“And is that because you were intentionally violating the law?” Fick asked.
“No,” Blount said.
Blount also admitted that he was connected to the tip to the FBI. “We brought this matter to the FBI back in 2017,” he said.
REDDIT热议话题 A Chinese-American entrepreneur was targeted by the FBI at the behest of his competitor. He now faces 10 years in jail on what civil rights groups call trumped-up charges https://www.reddit.com/r/asianamerican/comments/zvso2z/a_chineseamerican_entrepreneur_was_targeted_by/ “is Asian; why are you challenging him? I see no reason to challenge him.” https://www.reddit.com/r/aznidentity/comments/zvqp8i/is_asian_why_are_you_challenging_him_i_see_no/ A Chinese American engineer was targeted by the FBI at the behest of his White competitor https://www.reddit.com/r/aznidentity/comments/zvt4f7/a_chinese_american_engineer_was_targeted_by_the/
“is Asian; why are you challenging him? I see no reason to challenge him.” https://www.reddit.com/r/aznidentity/comments/zvqp8i/is_asian_why_are_you_challenging_him_i_see_no/
A Chinese American engineer was targeted by the FBI at the behest of his White competitor https://www.reddit.com/r/aznidentity/comments/zvt4f7/a_chinese_american_engineer_was_targeted_by_the/
Mara主编是个Investigative journalist. 她的推特如下。https://mobile.twitter.com/MaraHvistendahl/status/1605956337489350659 Investigative journalism is a form of journalism in which reporters deeply investigate a single topic of interest, such as serious crimes, political corruption, or corporate wrongdoing. An investigative journalist may spend months or years researching and preparing a report. Practitioners sometimes use the terms "watchdog reporting" or "accountability reporting."
搬运工完成啦～结尾的 winds through, 我觉得特别特别特别的好笑啊！美国的法律怎么跟儿戏一样～个人可以这么的被司法肆意任意恶意欺负，真是让人目瞪口呆哈！平安夜快乐，圣诞节快乐，enjoy your 小黄人‘a life in the USA!
Chen’s hopes now center on the judge dismissing the case. But she is clear-eyed about Yu’s chances. “The success rate is very low,” she said, adding, “I don’t know why the government has invested so much on us. We are just normal people.”
Meanwhile, in August, Analog Devices finally filed a civil lawsuit against Yu. By the time it winds through the courts, he may be in federal prison.
主编是个小有名气的美女主编，真是人美心善，在上海待过多年，为多个被迫害的华人发声。 https://mobile.twitter.com/MaraHvistendahl/status/1605956337489350659 俺retweet了一下。顺便打赏了报社。这样的主编和报社得多来几打呀，难得这么亲民～
才俩天，这个新闻/故事在推特上就有92K点击率，amazing. 华人上好少啊，语言的缘故？英文在中文网站不够亲民哈。 Intercept上的故事很有意思，各种各样的离奇的真实爆料故事。
“Why Are You Challenging Him?”
The drama began even before the trial started, when a prosecutor tried to ensure that an Asian American man was not chosen for the jury. The judge questioned the prosecutor’s motive. The potential juror, the judge noted, “is Asian; why are you challenging him? I see no reason to challenge him.”
When the prosecutor replied that the objection was based on the man’s profession, the judge asked what that was. Silence ensued. “You don’t even know what the profession is,” the judge admonished the prosecutor. (Court documents, which give only the man’s first name and last initial, reveal that he worked as a nurse and paraprofessional for a public school system.) The government ended up withdrawing the objection, and the man remained on the jury.
Proving that Yu was singled out will be a challenge. Traditionally, the burden of proof for a selective enforcement motion rests on the defense, and no lawyer has successfully argued it in a China Initiative or related case. But in November, Judge William G. Young reversed an earlier decision on the topic, ordering the U.S. government to turn over to the defense additional evidence connected to Yu’s prosecution.
In one filing, Yu’s lawyers cited comments Lelling made to Science in 2020, in which they say he acknowledged that prosecutors were seeking out ethnic Chinese defendants. “Unfortunately, a lot of our targets are going to be Han Chinese,” Lelling said at the time. “If it were the French government targeting U.S. technology, we’d be looking for Frenchmen.’” 文章很长，有耐心的慢慢看，引一些推特上主编写的～
“NEW: A competitor put the FBI on Haoyang Yu''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''s trail. Agents sensed a semiconductor theft case involving China, where Yu was born. But the investigation didn''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''t go quite as planned.” ”In June, a jury acquitted Haoyang Yu of 18 of 19 charges. His lawyers are asking the judge to throw out the last charge, arguing that Yu, a US citizen, was targeted because of his ethnicity.” “The investigation started when a competitor went to the FBI, saying that Yu''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''s semiconductor chip company "smells a bit fishy." The tipster hinted, without evidence, that his company might be violating export control regulations.” “Two factors may have piqued USG interest in the case: 1) It involved semiconductor chips, which are absolutely critical to geopolitical maneuvering and to US-China tensions 2) It came as DOJ was charting plans for the now defunct China Initiative” “Internal documents in the court record show that early on, agents labeled Haoyang Yu a national security threat believed to be acting on behalf of the Chinese government.
Spoiler alert: this allegation did not stand up. No charges related to China made it into the indictment.” “(I say "indictment" but there was in fact a series of indictments. Prosecutors often update charges after finding new evidence, but in this case they appear to have changed the allegations after the defense presented evidence refuting earlier charges.)” ”Four federal agencies worked on the investigation of Haoyang Yu. Agents mounted a camera outside his home, rifled through his trash, and followed his wife as she brought their kids to and from sports practice.” “The court documents show a series of missteps, including a confounding export control classification and a failed sting operation.” “Following Yu''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''s arrest, the US government charged his wife, Yanzhi Chen, with wire fraud after she refused to cooperate.
The charges were dropped this summer, after Yu was largely acquitted.”
““There were so many mistakes,” Chen told me. “We have had three very dark years.”
The USAO in Boston, Yu, and his lawyers declined to speak with me, citing ongoing legal proceedings.”
About a decade later, a man named Haoyang Yu did almost exactly the same thing, setting up his own lean chip company, Tricon, in Lexington, Massachusetts, just 30 miles from Blount’s home. A tipster, whom Blount would later acknowledge was linked to his company, went to the Federal Bureau of Investigation, writing that their new competitor “smells a bit fishy.”
让我想起不久前的一个纪录片“Small Enough to Jail”， 一样small开始，Paul Blount 啥事也没有，其实真实情况是不是应该是 “Yellow Enough to Jail”?
文章标题是 Chipped away, 对英文敏感的，可以讲讲这个标题什么意思么？当然 chip 也是芯片的意思哈，一语多关
“There were so many mistakes,” Chen told The Intercept recently. “We have had three very dark years.”
不喜欢为啥不回国呢？ 那里没有trump，也没有china initiative ：）
替版上某些高华说的 ：）
Federal prosecutors, working closely with the FBI and large corporations, have brought dozens of cases over the last decade involving alleged technology theft by China. In 2018, amid rising tensions with Beijing, then-Attorney General Jeff Sessions gave the crackdown a name: the China Initiative. The initiative was scrapped earlier this year, following concerns from the American Civil Liberties Union and Asian American advocacy groups that it entailed racial profiling, but the biases that contributed to the program’s downfall endure, activists say. “The root problem behind a specific set of cases remains: the way that our own government still sees foreignness as a threat,” said Aryani Ong, co-founder of Asian American Federal Employees for Nondiscrimination. FBI Director Christopher Wray said in January that the bureau has over 2,000 open investigations involving China and technology. And perhaps no technology is more pivotal to geopolitical strategy than semiconductor chips, which are essential components of electronic devices and important to breakthroughs in computing.
“We are deeply concerned that the Yu case is yet another continuation of biased targeting policies and practices,” said Jeremy Wu, founder of APA Justice Task Force, a group formed in the wake of several botched prosecutions of Chinese American scientists. “His case exemplifies another tragic ordeal.”
But Yu’s case was different. Because the U.S. government alleged that it involved a potential national security threat, four federal intelligence agencies conducted the sprawling 18-month investigation. And while Analog Devices provided information, federal prosecutors ultimately decided which charges to press, and U.S. taxpayers covered the ballooning investigative and legal costs.
More explosively, Schindler took issue with the export control category that the U.S. government said governed one of Tricon’s chips. At the time, three of the charges against Yu hinged on that classification. The designation was unusual, Schindler wrote, because chips with similar specifications — including the one that prosecutors alleged Yu had copied — typically do not trigger export controls. He determined that the U.S. government had introduced the designation at the request of an agent investigating Yu and had never publicized the rule. The rule seemed to have been tailor-made for Yu.
Instead, Rollins’s office went ahead with the prosecution. But by the time Yu stood trial, the allegations against him had changed. Prosecutors dropped the export control violation charges connected to the chip that Schindler had flagged after the Commerce Department reclassified it as not requiring a license. In a superseding indictment, they charged Yu with new export control violations, for sending two chip designs to a foundry, or chip factory, in Taiwan.
Yu’s Tricon was what’s known as “fabless,” meaning the company didn’t fabricate the chips in-house. Instead, Yu designed chips which were then manufactured in foundries. In recent years, Commerce Department officials have grown more aggressive about how they interpret regulations with regard to the export of design files, but historically, companies including Analog Devices have at times not sought licenses for similar exports. “[Fabless] suppliers often use off-shore fabs and package houses, yet most US military contractors don’t seem to care about this,” the industry publication Microwaves 101 notes in an explainer on MMIC suppliers. “Go figure!”
Using files found in Yu’s Google Drive and on devices seized from his home, prosecutors alleged that he had stolen the designs for “dozens” of chips from Analog Devices. And, in a sort of legal hall of mirrors, they tacked on charges that depended on other charges sticking. In his interview ahead of becoming a U.S. citizen in February 2017, Yu had asserted that he’d never committed or tried to commit a crime for which he had not been arrested. Prosecutors alleged that this was fraud because he had committed a crime: trade secrets theft, the crime they were charging him with.
The drama began even before the trial started, when a prosecutor tried to ensure that an Asian American man was not chosen for the jury. The judge questioned the prosecutor’s motive. The potential juror, the judge noted, “is Asian; why are you challenging him? I see no reason to challenge him.”
When the prosecutor replied that the objection was based on the man’s profession, the judge asked what that was. Silence ensued. “You don’t even know what the profession is,” the judge admonished the prosecutor. (Court documents, which give only the man’s first name and last initial, reveal that he worked as a nurse and paraprofessional for a public school system.) The government ended up withdrawing the objection, and the man remained on the jury.
主流媒体华人记者什么时候能报道这些，华人才算是有希望。 别老是培养一些走狗
国宝银行
某些人一说就是美国是个法治国家。 说不过了，就叫批评的华人滚回过去，潜台词就是认同白人权贵可以为所欲为，迫害小黄人。
这哥们清华的，做MMIC的。
某些人说了在美国受到最大种族歧视是中餐馆，有些服务生对白人更殷勤。这些人不是傻就是坏。不然就是从来不出中国城。
“The verdict revealed this case for what it truly is: a trumped-up civil dispute between a multibillion-dollar, global technology company and its former employee concerning alleged trade secrets,” wrote Yu’s attorneys in a recent filing. “The government’s relentless pursuit of Mr. Yu was driven, at least in part, by its baseless and offensive assumption that he was a Chinese spy, secretly loyal to China and, thus, a danger to the national security of the United States.”
In one filing, Yu’s lawyers cited comments Lelling made to Science in 2020, in which they say he acknowledged that prosecutors were seeking out ethnic Chinese defendants. “nfortunately, a lot of our targets are going to be Han Chinese,” Lelling said at the time. “If it were the French government targeting U.S. technology, we’d be looking for Frenchmen.’”
清华出罪犯？
Meanwhile, in August, Analog Devices finally filed a civil lawsuit against Yu. By the time it winds through the courts, he may be in federal prison.
什么？都不能？唉！美国太仁慈了，白左太猖狂了，我心都碎了！
这不成了中国古代的连坐了吗？也差点把他老婆连坐了。
事不关己高高挂起。
华人网上是这样选择性执法案件，都选择性无视。还说美国没种族歧视，有司法公正。却不知，早几年前就有韩裔学者研究过，同样案件中华裔姓氏的判罚年限会比其他族裔高很多，也重很多。 那些动辄说华人自己应该搞企业的应该好好看看，这个是公司上线两周就被原公司出来竞争对手构陷污诬告并被联邦十几个个部门联合诬告几十个罪名。这就是现实，除非你开餐馆开洗衣店没人管你。
Lu Jing, 56, was the second Chinese national to be arrested for trespassing last year at the resort where Trump often visits. Her prosecution was left to local rather than federal authorities, as the president was not present on Dec. 18 when she entered the property and began taking pictures. A jury on Wednesday cleared Lu of trespassing but convicted her of misdemeanor resisting arrest after police said she balled her hands into fists, crossed her arms and screamed “no, no, no” upon being arrested. Palm Beach County Judge Mark Eissey imposed the six-month sentence despite defense claims that Lu was a merely a tourist who made an “an honest mistake” and was a casualty of the language barrier. Prosecutors contended Lu had made a “calculated decision.”
华人网上是这样选择性执法案件，都选择性无视。还说美国没种族歧视，有司法公正。却不知，早几年前就有韩裔学者研究过，同样案件中华裔姓氏的判罚年限会比其他族裔高很多，也重很多。 那些动辄说华人自己应该搞企业的应该好好看看，这个是公司上线两周就被原公司出来竞争对手构陷污诬告并被联邦十几个个部门联合诬告几十个罪名。这就是现实，除非你开餐馆开洗衣店没人管你。
美国所谓的司法公正不是没条件的，分人，事。
感谢LZ分享
“is Asian; why are you challenging him? I see no reason to challenge him.” https://www.reddit.com/r/aznidentity/comments/zvqp8i/is_asian_why_are_you_challenging_him_i_see_no/
A Chinese American engineer was targeted by the FBI at the behest of his White competitor https://www.reddit.com/r/aznidentity/comments/zvt4f7/a_chinese_american_engineer_was_targeted_by_the/