On the morning of January 14, 2021, greater than 10 federal brokers arrived on the Cambridge residence of MIT professor Gang Chen, blocking surrounding streets and making their approach as much as the slim hall to his entrance door.
"The best way they got here via the hall, I do know they have been right here for me," Chen advised CBS Information chief investigative correspondent Jim Axelrod in his first tv interview. "They stated, 'Are you Gang Chen?' I stated, 'Sure.' They are saying, 'Do not transfer.'"
Chen, a U.S. citizen, was handcuffed and jailed, turning into probably the most high-profile arrests beneath the Justice Division's China Initiative. Launched beneath the Trump administration in 2018, this system was geared toward tackling a high nationwide safety precedence: searching down these liable for China's widespread theft of tons of of billions of dollars a 12 months in American commerce secrets and techniques and mental property.
"At this time, we see Chinese language espionage not simply going down in opposition to conventional targets like our protection and intelligence companies, however in opposition to targets like analysis labs and universities," stated former Legal professional Normal Jeff Classes when he introduced the China Initiative in 2018.
A world-renowned professor of mechanical engineering, Chen was considered one of two dozen researchers charged beneath this system, in response to a CBS Information evaluation of courtroom information. If convicted, he confronted as much as 20 years in jail.
Former Justice Division officers inform CBS Information the prosecutions have been meant to ship a message: to discourage the tutorial neighborhood from hiding analysis ties that China might then exploit to achieve entry to cutting-edge expertise. But the circumstances drew criticisms of racial profiling, and in response to MIT president Rafael Reif, despatched a chill via the scientific neighborhood.
"It's scaring the very best expertise on the planet, which we'd like on this nation, from coming into this nation," Reif advised CBS Information.
Within the prison grievance, Chen was accused of failing to reveal numerous ties to China in a 2017 Power Division grant utility in addition to failing to reveal a overseas checking account on a 2018 tax doc.
"We thought we had achieved the American Dream," Chen stated. "Till this nightmare occurred."
He was positioned on educational go away for practically a 12 months because the federal expenses hung over him. Paperwork reviewed by CBS Information reveal that in January an Power Division official advised prosecutors they'd gotten it unsuitable, and Chen was not required to reveal any of the affiliations he was accused of hiding.
Two weeks later, prosecutors dismissed the indictment in opposition to Chen. It's considered one of eight circumstances the division has dropped in opposition to Chinese language-born researchers previously 12 months.
The Justice Division has denied bias in its China Initiative circumstances.
"We by no means examine or prosecute primarily based on ethnic identification, what nation an individual is from," Legal professional Normal Merrick Garland advised lawmakers in October.
After CBS Information reached out to the division, a spokesperson advised CBS Information it had concluded an inner evaluate of the China Initiative. Later in the present day, a high official is predicted to announce adjustments to this system, together with the way it handles circumstances in opposition to educational researchers.
Loyalty questioned
The grievance prosecutors filed in opposition to Chen didn't accuse him of espionage, however on the morning of his arrest, he was handled like a nationwide safety menace. At 6:30 a.m., brokers in his home advised him to face in a nook whereas they went to get up his spouse and daughter.
"My spouse was in her sleep," stated Chen. "And he or she advised me when she heard the person yell, 'Police! Police!', she thought she was in a dream."
In a press convention following Chen's arrest, then-U.S. Legal professional Andrew Lelling made plain how the federal government considered the stakes of the case.
"The allegations of the grievance suggest that this was not nearly greed, however about loyalty to China," Lelling stated.
Chen referred to as Lelling's feedback "an insult."
"They paint me as disloyal to U.S. and constant to China," Chen stated. "There isn't any information in what they stated."
Chen, who turned a U.S. citizen in 2000, denied he was a Chinese language spy and stated he has by no means equipped China with any proprietary analysis or expertise.
"Throughout the course of my graduate research I fell in love with this nation," stated Chen, who research warmth switch. "My spouse fell in love with this nation and we determined to remain and construct our household right here."
"A large jolt"
At MIT, Reif stated Chen's arrest got here as a "an enormous jolt." Believing Chen had completed nothing unsuitable, Reif determined the varsity would pay his authorized charges.
"I felt it was an assault on all Chinese language Individuals in America, significantly in academia," Reif stated. "I felt it was to some extent an assault on each foreign-born individual in America, who's being advised, 'We do not actually belief you.'"
Chen first realized he was beneath federal investigation in January 2020, practically a 12 months earlier than his arrest. He had been stopped by Homeland Safety brokers at Boston's Logan Airport whereas returning residence from a visit to China, Egypt and Morocco together with his spouse and two youngsters.
"I used to be very uneasy," Chen stated. "They introduced my whole household to a separate space, and we sat there for a number of hours. Could not even go to the restroom."
An agent demanded he flip over his cellphone and pc and questioned him concerning the nature of his go to to China. He stated he was there on enterprise for MIT, taking conferences on a partnership the college had shaped with SusTech, a Chinese language college in Shenzhen.
Prosecutors accused Chen of hiding his place as an adviser to SusTech and personally accumulating $19 million from the collaboration.
Reif stated that is the second he knew the Justice Division made a mistake. Whereas Chen labored on the collaboration, the cash went to MIT. The collaboration was even marketed on MIT's web site.
"He was doing that as a part of his job," Reif stated. "Professors right here search, and search cash, and write proposals to do issues, and obtain the cash, and work with college students to advance science."
Reif agreed China poses a threat in terms of misappropriating American mental property, however stated the Justice Division's strategy was akin to utilizing hammer when the issue referred to as for a scalpel.
"We do have an issue with China," Reif stated. "We aren't enjoying by the identical guidelines. All I am saying is, simply going to universities and searching for Chinese language Individuals and doubting their loyalty to this nation shouldn't be the appropriate strategy."
The case falls aside
On January 4, Justice Division prosecutors interviewed Dr. Anthony Schwartz, an official with the Power Division's Workplace of Science, which oversees grant purposes.
Based on a memo assembled by the Power Division Inspector Normal and reviewed by CBS Information, prosecutors requested Schwartz about seven completely different affiliations Chen allegedly hid on a 2017 grant utility and a follow-up progress report in 2019.
Schwartz advised prosecutors he didn't imagine Chen was required to reveal any of the seven affiliations on both the applying itself or the follow-up progress report.
"He by no means hid something he did from anyone," Chen's legal professional, Rob Fisher, advised CBS Information.
Inside weeks, prosecutors referred to as Fisher to inform him they'd dropped all expenses and his shopper was a free man. Fisher stated a full and outright dismissal is "very uncommon" and "signifies a significant mistake was made."
In an announcement asserting the dismissal of expenses in opposition to Chen, the Biden-appointed U.S. Legal professional for Massachusetts Rachael Rollins stated her workplace obtained new data and concluded they might now not meet their burden of proof at trial.
"As prosecutors, we now have an obligation in each matter we pursue to repeatedly look at the information whereas being open to receiving and uncovering new data," Rollins wrote. "We perceive our charging choices deeply affect folks's lives."
The Justice Division has since initiated an inner evaluate of your entire program — with outcomes anticipated to be introduced Wednesday. Lelling, who has left for personal apply, declined an interview, however wrote in a latest social media submit the China Initiative had "drifted" and "DOJ ought to revamp, and shut down, elements of this system, to keep away from needlessly chilling scientific and enterprise collaborations with Chinese language companions."
Chen stated he felt reduction when the fees have been dropped, however believes he ought to by no means have been accused within the first place.
"We all the time really feel there isn't any winner on this case," Chen stated. "All people is a loser."
Chen nonetheless worries concerning the harm the entire episode has completed to his status. He has returned to educating at MIT this semester, however stated he's nonetheless haunted by the arrest.
"I'm now not the Gang Chen I used to be earlier than," he stated. "From my household, the trauma we expertise, the worry we nonetheless have, to my skilled profession. My analysis group is gone. I'll now not be the identical individual I used to be earlier than."