Charges September 13, 2002 marks the second anniversary of Chief U.S. District Court Judge James Parker's extraordinary apology to Dr. Wen Ho Lee, yet questionable and sensational charges are still being made against scientists of Asian descent. They continue despite the recent spectacular collapse of the case against Dr. Bin Han, formerly with the University of California, Davis. The latest victims are Dr. JiangYu Zhu and his wife, Dr. Kayoko Kimbara, formerly with Harvard, and Dr. Qing Qiang Yin, formerly with Cornell. All these cases allege that millions were stolen, but these sensational charges have all fizzled. The U.S. Department of Justice has a website on all those charged under the Economic Espionage Act (http://www.cybercrime.gov/eeapub.htm). About one-third of the defendants on that list are of Asian descent.
Bin Han
Dr. Han was arrested at his home on May 18, 2002, after being fired by the University of California at Davis on May 13th. He was initially charged with 3 felony counts: (1) theft of trade secrets, (2) possession of stolen property, and (3) embezzlement. Dr. Han pleaded not guilty to all three charges. The Yolo County District Attorney, based on affidavits filed by U.C. Davis employees, obtained a search warrant of his home, then asked for and gotten a no-bail hold. He was considered a flight risk because the authorities found a round-trip ticket to China during the search. However, as the defense proceeded with its own investigations, the case against Dr. Han began to collapse and the D. A. dropped two of the more serious charges on June 4th. The one remaining charge was the embezzlement of 20 vials of plasma protein: 10 thrombin and 10 cryoprecipitate glue. This glue works similar to Epoxy requiring two parts. Dr. Han was released on his own recognizance on June 4th, after being held without bail for 18 days. The remaining charge was reduced by a judge on July 16, 2002 to a misdemeanor because these glues were free samples given to U.C. Davis and cannot be sold in the U.S. Jury trial began on August 13th and the jury acquitted him on August 19th. The Asian community rallied behind Bin Han, led by the Chinese American Political Action Committee (CPAC). About 25 supporters attended his trial everyday. Dr. Han's attorney, Stewart Katz, called the trial "U.C. Davis vs Bin Han". The last question the prosecutor asked Dr. Han when he testified his innocence was if he intended to file a lawsuit against U.C. Davis after the criminal trial had concluded. That just proves Mr. Katz's assertion that this case was all about U.C. Davis covering up its own wrongdoing.
JiangYu "Jonathan" Zhu
Dr. Zhu, 30, and his wife, Dr. Kayoko Kimbara, 32, a scientist at The Scripps Research Institute in La Jolla, were arrested on June 19, 2002 in San Diego after they had left their employment at Harvard University in Professor McKeon's lab more than two years ago. They have been extradited to Boston and are currently out of jail on a $250,000 bail each. Both are permanent residents in the U.S. Dr. Zhu, a Peking University graduate, is a Chinese national while his wife is a Japanese citizen. The two are accused of stealing genes that they themselves have discovered. A June 27, 2002 article in Nature Magazine says, "Supporters of the pair in San Diego say...they are being treated excessively harshly for doing what postdoctoral fellows often do;" i.e. taking their work with them when they change jobs. Yet, they face a potential 25 years in jail and a $750,000 fine. In a June 28, 2002 Science Magazine article, it reads, "Some researchers have expressed sympathy for the defendants and worry that the government is overreacting." In the same article, some scientists said, "But the FBI's complaint shows a lack of understanding of how science works." To continue quoting the Science article, "Wang (Zhu's current supervisor at UC San Diego) describes McKeon as 'brilliant but superparanoid' about sharing his work with other labs. Other scientists familiar with McKeon's lab concur with that assessment and speculate that Zhu and Kimbara might simply have been afraid to ask McKeon for permission to send materials to others. And many scientists say young researchers are not always aware of the intricate laws governing commercial applications of their work. 'Intellectual property in the United States is a bit of the Wild West,' says David Zapol, who co-chairs a Web site set up to help Hiroaki Serizawa, a researcher accused last year of helping a colleague steal lab secrets. To Zapol, the new case smacks of racial profiling of Asians." The prosecutor asked for a 6 month continuance which the judge exclaimed as highly unusual. Report was that the prosecutor did not have enough evidence and was hoping the couple would plead guilty to a lesser charge. Both of their current employers have cleared them of any wrongdoing at their new posts and have reinstated them.
Qing Qiang Yin
Dr. Yin, 38, was arrested at the Syracuse airport on July 29, 2002 when airport security found 100 glass vials and petri dishes of the bacteria in his luggage . His wife was arrested at the same time with a charge of child endangerment. Both came to the U.S. on temporary visas. While Yin is still facing trial, the charge against his wife has been resolved as the bacteria found in their daughter's backpack was proven to be benign. The arrest of Mrs. Yin, Quihong Zheng, was particularly troublesome. Even though she was released from jail on August 2nd when the Syracuse City Court Judge Kevin Young adjourned the case for six months in contemplation of dismissal, why was she arrested in the first place and why was the case against her not simply dropped. The U.S. Constitution provides that everyone is innocent until proven guilty. But she has to prove that the bacteria were not harmful to get out of jail. Mrs. Yin and their 4-year old daughter are now back in China. Charges against him include one count of conspiracy to defraud the United States government by transporting stolen property and one count of conspiracy to commit fraud in interstate or foreign commerce. Each charge carries a maximum penalty of five years in prison and a $250,000 fine. These charges appear to be highly exaggerated. On September 18, 2002, U.S. Magistrate Gary Sharpe ordered Yin's release after a Cornell researcher agreed to let Yin stay with him. Yin's lawyer, Nathaniel Hsieh of Chicago, told the judge the material Yin is accused of stealing was worth about $15,000 and the U.S. attorney has agreed to that figure. Yin surrendered his passport after his arrest, and Sharpe ordered him not to apply for a new one. He will be electronically monitored until his next court appearance. A September 19th AP news story indicates that there is proposed plea agreement in which Dr. Yin would plead guilty to a lesser charge-theft of property from an organization that receives federal funds. The reason Bin Han has been totally exonerated was not only because he is innocent, but also because of his determination to fight the charges. He realized from the very beginning the risk of not taking a plea. His courage is extremely admirable. The U.S. justice system punishes those who do not cop a plea much more harshly. It is unknown whether or not Dr. Zhu, Dr. Kimbara, and Dr. Yin have violated any laws. The court will decide on their guilt or innocence. However, the heavy handedness of the authorities is questionable and troublesome. The bottom line is that would they be pressed with all those sensational charges if they were not Asians? Would Mrs. Yin even be arrested and thrown into jail if some unknown substance leaked in her daughter's backpack? Lastly, why did it take over a month before Zhu, Kimbara, and Yin are allowed to get bail? (Source: Guy M Wong who is a Sacramento CPA and a member of the Chinese American Political Action Committee. He created the web site, http://binhan.home.netcom.com. )