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In two separate cases in the Southern and Central Districts of California, two U.S. Navy servicemembers were arrested for transmitting sensitive military information to the People’s Republic of China (PRC).

“These individuals stand accused of violating the commitments they made to protect the United States and betraying the public trust, to the benefit of the PRC government,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Department of Justice will continue to use every tool in our arsenal to counter threats from China and to deter those who aid them in breaking our laws and threatening our national security.”

“These arrests are a reminder of the relentless, aggressive efforts of the People’s Republic of China to undermine our democracy and threaten those who defend it,” said Assistant Director Suzanne Turner of the FBI’s Counterintelligence Division. “The PRC compromised enlisted personnel to secure sensitive military information that could seriously jeopardize U.S. national security. The FBI and our partners remain vigilant in our determination to combat espionage, and encourage past and present government officials to report any suspicious interactions with suspected foreign intelligence officers.”

United States v. Jinchao Wei, Southern District of California

A U.S. Navy sailor, Jinchao Wei, aka Patrick Wei, was arrested yesterday on espionage charges as he arrived for work at Naval Base San Diego, the homeport of the Pacific Fleet. He was indicted for conspiracy to send national defense information to an intelligence officer working for the People’s Republic of China.

The indictment, unsealed this morning, alleges that Wei, was an active-duty sailor on the amphibious assault ship the U.S.S. Essex stationed at Naval Base San Diego. In his role as a machinist’s mate, Wei held a U.S. security clearance and had access to sensitive national defense information about the ship’s weapons, propulsion and desalination systems. Amphibious assault ships like the Essex resemble small aircraft carriers and allow the U.S. military to project power and maintain presence by serving as the cornerstone of the U.S. Navy’s amphibious readiness and expeditionary strike capabilities.

According to the indictment, in February 2022, Wei began communicating with an intelligence officer from the PRC who requested that Wei provide information about the U.S.S. Essex and other Navy ships. Specifically, the Chinese intelligence officer tasked Wei with passing him photos, videos and documents concerning U.S. Navy ships and their systems. The two agreed to hide their communications by deleting records of their conversations and using encrypted methods of communication.

At the request of the intelligence officer, between March 2022 and the present, Wei sent photographs and videos of the Essex, disclosed the locations of various Navy ships and described defensive weapons of the Essex. In exchange for this information, the intelligence officer paid Wei thousands of dollars over the course of the conspiracy.

The indictment further alleges that in June 2022, Wei sent the intelligence officer approximately 30 technical and mechanical manuals. These manuals contained export control warnings and detailed the operations of multiple systems aboard the Essex and similar ships, including power, steering, aircraft and deck elevators, as well as damage and casualty controls. The intelligence officer confirmed with Wei that at least 10 of those manuals were useful to him. For passage of those materials, the indictment alleges that Wei was paid $5,000.

In June 2022, the intelligence officer requested that Wei provide information about the number and training of U.S. Marines during an upcoming international maritime warfare exercise. In response to this request, Wei sent multiple photographs of military equipment to the intelligence officer.

In August 2022, Wei sent an additional 26 technical and mechanical manuals related to the power structure and operation of the Essex and similar ships. The manuals contained warnings that this was technical data subject to export controls and that it was deemed “critical technology” by the U.S. Navy.

The indictment further alleges that in October 2022, Wei sent a technical manual to the intelligence officer describing the layout and location of certain departments, including berthing quarters and weapons systems. Specifically, Wei sent a weapons control systems manual for the Essex and similar ships. This manual contained export-controlled data that could not be exported without a license from the U.S. government. The indictment alleges that Wei knowingly violated the International Traffic in Arms Regulations by transmitting this manual to the Chinese intelligence officer without obtaining a required license.

The intelligence officer continued to request information in 2023, including information about the overhaul and upgrades to the Essex. Specifically, he requested blueprints, especially those related to modifications to the flight deck. Wei provided information related to the repairs the Essex was undergoing, as well as other mechanical problems with similar vessels.

During the alleged conspiracy, the intelligence officer instructed Wei to gather U.S. military information that was not public and admonished him not to discuss their relationship and to destroy any evidence regarding the nature of their relationship and their activities.

“We have entrusted members of our military with tremendous responsibility and great faith,” said U.S. Attorney Randy Grossman for the Southern District of California. “Our nation’s safety and security are in their hands. When a soldier or sailor chooses cash over country, and hands over national defense information in an ultimate act of betrayal, the United States will aggressively investigate and prosecute.”

U.S. Attorney Grossman thanked the prosecution team and investigating agencies for their excellent work on this case.

The FBI and Naval Criminal Investigative Service (NCIS) investigated the case.

Assistant U.S. Attorneys John Parmley and Fred Sheppard for the Southern District of California and Trial Attorney Adam Barry of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

United States v. Wenheng Zhao, Central District of California

A U.S. Navy servicemember, Petty Officer Wenheng Zhao, aka Thomas Zhao, 26, of Monterey Park, California, was arrested following an indictment by a federal grand jury, charging him with receiving bribes in exchange for transmitting sensitive U.S. military information to an individual posing as a maritime economic researcher, but who was actually an intelligence officer from the PRC.

The indictment alleges that Zhao, who worked at Naval Base Ventura County in Port Hueneme and held a U.S. security clearance, received bribes from a Chinese intelligence officer in exchange for violating his official duties as a U.S. sailor by, among other actions, disclosing non-public sensitive U.S. military information.

Beginning in August 2021 and continuing through at least May 2023, at the Chinese intelligence officer’s direction, Zhao allegedly violated his official duties to protect sensitive military information by surreptitiously recording, and then transmitting to the intelligence officer, U.S. military information, photographs and videos. According to the indictment, the Chinese intelligence officer told Zhao that the intelligence officer was a maritime economic researcher seeking the information for investment decisions.

In exchange for bribes, Zhao allegedly sent the Chinese military officer non-public and controlled operational plans for a large-scale U.S. military exercise in the Indo-Pacific Region, which detailed the specific location and timing of Naval force movements, amphibious landings, maritime operations and logistics support.

The indictment further alleges that in exchange for bribes, Zhao also photographed electrical diagrams and blueprints for a radar system stationed on a U.S. military base in Okinawa, Japan.

The intelligence officer allegedly directed Zhao to conceal their relationship and to destroy evidence of the unlawful and corrupt scheme.

In exchange for the sensitive information Zhao provided – information Zhao accessed as a result of his position within the U.S. Navy – the Chinese intelligence officer paid Zhao approximately $14,866, the indictment alleges.

“By sending this sensitive military information to an intelligence officer employed by a hostile foreign state, the defendant betrayed his sacred oath to protect our country and uphold the Constitution,” said U.S. Attorney Martin Estrada for the Central District of California. “Unlike the vast majority of U.S. Navy personnel who serve the nation with honor, distinction and courage, Mr. Zhao chose to corruptly sell out his colleagues and his country.”

If convicted, Zhao faces a maximum penalty of 20 years in prison.

The FBI Los Angeles Field Office’s Counterintelligence and Cyber Division and NCIS investigated the case. IRS Criminal Investigation provided substantial assistance.

Assistant U.S. Attorneys Annamartine Salick, Sarah Gerdes, Christine Ro and Kathrynne Seiden of the Terrorism and Export Crimes Section for the Central District of California are prosecuting this case. Trial Attorney Adam Barry of the National Security Division’s Counterintelligence and Export Control Section is providing substantial assistance.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Updated August 3, 2023

 

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The flight out of China marked the end of a harrowing ordeal for the Taiwanese businessman who had been held in the country for more than 1,400 days.

"I felt a huge relief after going through the passport check, and I cried a little," he told the BBC this week. "I have returned to the free world."

Mr Lee was arrested and jailed in 2019 after he snapped pictures of police officers in Shenzhen. He was accused of espionage and stealing state secrets - a charge he now denies.

He was released from jail in July 2021, but was prevented from leaving China as he was "deprived of political rights".

It is rare for Beijing to impose this penalty, which includes an exit ban, on convicts who are not mainland Chinese nationals. Activists say that Mr Lee's Taiwanese identity may have prompted authorities to make a political point, amid escalating tensions.

Taiwan regards itself as a self-ruled island, distinct from mainland China, with its own laws and democratically elected leader.

However, China sees island as a breakaway province that will eventually be brought under Beijing's control, by force if necessary.

China and Taiwan: A really simple guide What's behind China-Taiwan tensions? Like the thousands of Taiwanese who do business in China, Mr Lee visited the country on a work trip in August 2019. At the time he was working for a tech company.

He was no stranger to China, as he previously worked and lived in the eastern city of Suzhou, and also travelled to mainland China about twice a year.

When he visited tensions were running high because Hong Kong was engulfed in the most widespread pro-democracy protests it had ever seen. Almost every weekend, the city saw increasingly violent clashes between the police and protesters.

Curious and sympathetic to the protesters' cause, Mr Lee made a brief detour to Hong Kong, where he watched a rally from the sidelines and passed out pamphlets with messages of support. Then, he went to neighbouring Shenzhen in mainland China to meet a colleague.

At that time, hundreds of armed police officers gathered and armoured vehicles were on display at a stadium in Shenzhen. Many were worried that Beijing would send in these forces to quell the protests in Hong Kong.

The businessman spotted the activity from his hotel room window, so he walked over to the stadium and took some photos. He said there were no warning signs and he didn't cross the police cordon. Many others were also photographing the scene, he said.

Mr Lee denies he was spying. "I am only a curious passer-by… if it really were some state secret, how could everything be seen from a hotel?"

The Shenzhen gathering of police forces was photographed by many people, including news agencies When he was departing Shenzhen, ten video cameras he was transporting back to Taiwan for his business caught the attention of airport officials.

They stopped him to search his luggage and his phone, and found his pamphlets as well as the photos of police forces at the Shenzhen stadium.

National security officers then brought him to a hotel to undergo "residential surveillance at a designated location". For 72 days, he was not allowed to leave his room and watched by three people every day. He wasn't allowed to watch TV, read newspapers, open the curtains or even speak.

"I was actually looking forward to their questioning every day, or otherwise no one was willing to speak to me,"Mr Lee said. "Every day I had nothing to do so I just cleaned the floor, under the bed and the ceiling. It was painful."

Activists say Beijing often uses this secretive and arbitrary form of detention against those accused of national security offences. They can be held for months without trial.

Mr Lee was then whisked off to a detention centre, and only resurfaced months later.

He appeared on state broadcaster CCTV saying he felt sorry for "doing some harm to the motherland".

Mr Lee told the BBC he apologised in the hopes that he would be released as soon as possible. "You couldn't be bothered by things like dignity."

But soon after, he went on trial and was sentenced to one year and ten months in jail for "foreign espionage and illegally sending state secrets".

Chinese state media ran extensive reports about his case, alleging he had taken the pictures of the Shenzhen stadium to send to Taiwanese groups.

They also cited the fact that he had studied in the US and was a member of Taiwanese non-governmental organisations to allege he was a Taiwan independence activist, which Mr Lee denies.

Mr Lee served his sentence in a Guangdong jail, where he was crammed into a small cell with 15 other prisoners. But for him, prison was an improvement from residential surveillance - at least he had company.

He was put to work in a production line and had to wrap computer cables every day. If they failed to finish their tasks on time, they would be physically punished, he said.

China's Taiwan Affairs Office has not responded to the BBC's questions. The BBC has not been able to independently verify all of Mr Lee's claims, but his account of his time in detention is similar to those shared by other detainees.

Taiwan sees MeToo outpouring after Netflix show How China calibrates its Taiwan response During his trial Mr Lee had been sentenced to "deprivation of political rights". At the time he did not give it too much thought, he said, as he did not see himself as a Chinese citizen in the first place.

But a month before his scheduled release, he was shocked to find out that he couldn't leave the mainland for another two years.

Yaqiu Wang of Human Rights Watch said that in Mr Lee's case, "the Chinese government wanted to make a point that he's a Chinese citizen".

It is difficult to ascertain the number of Taiwan-linked individuals arrested in China for national security offences. However, it is "reasonable" to assume the number is increasing amid worsening relations between Beijing and Taipei, she said.

In April, Taiwan-based publisher Fucha, who often printed books critical of Beijing, was held for an investigation for endangering national security. Earlier that month, Taiwanese activist Yang Chih-yuan was charged with secession.

The difference in the Chinese authorities' treatment of Mr Lee compared to previous cases may also be a sign that they are getting tougher on Taiwanese detainees.

 

MADRID, July 26 (Reuters) - An Iranian chess player who moved to Spain in January after she competed without a hijab and had an arrest warrant issued against her at home has been granted Spanish citizenship, Spain said on Wednesday.

Sarasadat Khademalsharieh, better known as Sara Khadem, took part in the FIDE World Rapid and Blitz Chess Championships held in Kazakhstan in late December without the headscarf that is mandatory under Iran's strict Islamic dress codes.

Laws enforcing mandatory hijab-wearing became a flashpoint during the unrest that swept Iran when a 22-year-old Iranian-Kurdish woman, Mahsa Amini, died in the custody of the morality police in mid-September.

The 26-year-old has told Reuters she had no regrets over her gesture in support of the protest movement against her country's clerical leadership.

Spain's official gazette said the cabinet approved granting Khadem citizenship on Tuesday "taking into account the special circumstances" of her case.