Prosecutors say Chinese researcher lied to FBI, tried to scrub devices before fleeing

Federal prosecutors are strenuously opposing the release on bail of a Chinese researcher who studied at UC Davis, saying she lied about her ties to China’s military, was untruthful when FBI agents questioned her and later tried to delete evidence from her electronic devices.

Juan Tang is scheduled to appear for a video bail hearing in Sacramento federal court Friday afternoon on a motion by her federal defender to allow her release on bail while she awaits trial on a charge of lying about her background to gain entry to the United States last December.

But federal prosecutors say she is an inherent flight risk who originally sought refuge in the Chinese consulate in San Francisco and could easily gain help in returning to China. They also claim in court papers that the FBI found “Chinese military documents that detailed Tang’s research related to antidotes for biological agents.”

“Tang is an active duty member of the Chinese military’s scientific community, who lied to gain entry into the United States, attempted to destroy evidence, and lied extensively to the FBI when interviewed,” Assistant U.S. Attorney Heiko Coppola wrote in opposing her release from the Sacramento County Jail. “It also appears that Tang’s present case is not an isolated instance of Chinese military members unlawfully gaining admission to the United States through visa fraud.

“Because she is a serious flight risk, the court should order Tang’s continued detention during the pendency of this criminal case.”

Tang one of several Chinese researchers charged with lying

Tang, 37, had been studying cancer research at UC Davis but her work had been cut short by the coronavirus pandemic, her federal defender wrote in court filings.

But prosecutors say she is one of several Chinese researchers arrested in recent months for lying about their background to gain access to some of the most prominent research universities in the nation.

Court papers say Tang originally applied for a non-immigrant J-1 visa on Oct. 28, filling it out with denials to questions about whether she had ever served in the military, was a member of the Communist Party or “had any special chemical or biological experience.”

Her visa was issued on Nov. 5, and she flew into San Francisco International Airport on Dec. 27, then settled into an apartment in Davis.

FBI internet searches subsequently discovered evidence that she had lied about her ties to China’s military, court filings say, with agents finding an online news story from April 2019 about a forum in China that included a photo of her wearing a People’s Liberation Army - Air Force (PLAAF) uniform with an insignia of the Civilian Cadre.

“Tang was listed as one of four experts invited to the forum and was further introduced in the article, wearing what appeared to be a military uniform, and listing her employment as an associate researcher at Air Force Military Medical University, Molecular Medicine Translation Center,” prosecutors wrote. “Members of the PLAAF Civilian Cadre are considered active duty military members.

“Additional open source internet searches revealed other articles about Tang and listed her affiliation with Air Force Military Medical University/Fourth Military Medical University and China People’s Liberation Air Force Military Medical University Molecular Medicine Translation Center.”

FBI says she tried to delete information from her devices

FBI agents went to Tang’s apartment on June 20 to question her and found that she “appeared to be moving out of her residence when the FBI made contact.”

Tang denied being a member of the military or Civilian Cadre and said the uniform was required to attend the military school, court papers say. She also said she did not know the significance of the insignia on her uniform, court documents say.

“During a later review of the electronic media evidence seized from Tang, agents discovered a myriad of different photographs of Tang wearing a military uniform,” court filings say. “Agents also found a video depicting a presentation conducted by Tang in which she is wearing what appears to be the PLAAF military uniform found in their open source search and she begins the presentation with a salute.

“The video presentation was recorded in the weeks before Tang entered the United States on the J-1 visa.”

Court papers say Tang had deleted all the information on the seized electronic devices but that the FBI was able to retrieve the information because it had not been “overwritten by other data.”

Agents also found an application Tang made for Chinese government benefits in which she said she was a member of the Communist Party, as well as evidence that she had conducted research on antidotes for biological agents, documents say.

“Following the search warrant, FBI agents assess that Tang, along with her mother and daughter fled to the Chinese consulate in San Francisco,” the court filings say. “Tang, her mother, and daughter had ticketed flight reservations for China on June 28, 2020, although Tang’s daughter left for China on June 21, 2020.

“Tang’s mother departed for China on July 26, 2020. Tang remained in the Chinese consulate for approximately a month prior to her arrest.”

A criminal complaint was filed under seal in Sacramento charging Tang with lying about her background, and a month later it was unsealed. U.S. officials provided a copy of the arrest warrant to consular officials at a meeting away from the consulate but came away empty-handed, court papers say.

Agents arrested her when she left consulate to see doctor

“In the evening hours of July 23, 2020, FBI agents met with members of the Chinese consulate but were unsuccessful in their efforts to negotiate Tang’s surrender,” court filings say. “Surveillance later observed Tang leaving the Chinese consulate in a vehicle and being dropped off at a local hospital with her mother.

“At the conclusion of treatment and following her discharge, FBI agents arrested Tang at approximately 9:45 p.m. and later transported her to Sacramento. Since Tang’s arrest, the Department of Homeland Security has lodged an immigration detainer and the Department of State has revoked her J-1 visa.”

Assistant Federal Defender Alexandra Negin argued in court filings Thursday that Tang did not know she had been charged with a crime and became hysterical when she learned of the complaint, leading to her visit to the doctor. She also argued that Tang is not a flight risk because American officials have seized Tang’s passport, and that even if she were found guilty she likely would face only a six-month sentence.

But Coppola rejects those arguments, saying she must remain in custody at the Sacramento County Main Jail.

Prosecutors say she “presents serious risk of flight”

“...Tang presents a serious risk of flight,” he wrote. “Because there are no conditions or combination of conditions which can reasonably assure Tang’s appearance at trial, the court should detain her...

“(T)he facts remain that Tang is an active Chinese military officer who lied about her military status under oath on the J-1 visa application to gain access to the United States. In short, although her J-1 visa might have been authentic, it was based on fraud and Tang cannot now claim that she came to the United States legally. Tang’s flight to and month-long stay at the Chinese consulate in San Francisco further underscore her consciousness of guilt and her knowledge that she was under investigation by the FBI.”

The Justice Department has said agents have interviewed Chinese researchers in more than 25 American cities about their activities, and earlier this month the State Department ordered the closure of the Chinese consulate in Houston.

Prosecutors argue that Tang may be part of a large-scale Chinese operation, and the fact that agents seized her passport is meaningless because her government could simply issue a new one.

They also said one of the other cases involving a Chinese researcher included evidence that they had been told to delete all information from their electronic devices before flying out of the country because Customs officials would interview them before they could board an airplane.

“Tang operated clandestinely in the United States, along with apparently several (if not more) of her colleagues,” Coppola wrote. “As the evidence gathered by the FBI in similar cases currently charged in other districts demonstrate, the defendants in these cases are operating in the U.S. with the knowledge and support of their government.

“Tang has already demonstrated operational sophistication by deleting materials from her electronic devices and repeatedly making demonstrably false statements to the FBI.”

Tang’s lawyer says could have left for China but didn’t

Tang’s federal defender responded to the government’s filing by arguing that “the government’s case has not been proven” and that Tang had every right to seek help from her consulate after her passport was seized.

“There is nothing nefarious about Dr. Tang going to her consulate for help,” Negin wrote. “Given that she had given up her apartment, and had no identification, it was not unreasonable for her to stay in the consulate.”

She added that Chinese officials had a month to help her get out of the country legally but did not do so, and that tying her case to the others involving Chinese researchers “amounts to anti-Chinese political propaganda and nothing more.”

But prosecutors disagree.

“Tang’s risk of flight in this case could hardly be greater,” they wrote. “She has no ties to the United States, and could leave the United States at any time without sacrificing anything.

“Tang’s entire family is now in China. She is no longer researching/working at UC Davis.”