Security News: Five Men Indicted for Crimes Related to Transnational Repression Scheme to Silence Critics of the People’s Republic of China Residing in the United States

Source: United States Department of Justice News

Defendants Include Federal Law Enforcement Officer and Private Investigator Who Lied to FBI Agents and Obstructed Justice

A federal grand jury in Brooklyn returned a superseding indictment yesterday charging five defendants, including one current federal law enforcement officer and one retired federal law enforcement officer, with various crimes pertaining to a transnational repression scheme orchestrated on behalf of the Government of the People’s Republic of China (PRC).

Defendants Fan “Frank” Liu, 62, of Jericho, New York; Matthew Ziburis, 49, of Oyster Bay, New York; and Qiang “Jason” Sun, 40, of the PRC were charged in March 2022 with allegedly perpetrating a transnational repression scheme that targeted U.S. residents whose political views and actions are disfavored by the PRC Government. Among other items, these defendants allegedly plotted to destroy the artwork of a PRC national residing in Los Angeles, who was critical of the PRC government and planted surveillance equipment in the artist’s workplace and car to spy on him from the PRC. Liu and Ziburis were arrested pursuant to a criminal complaint in March 2022, while Sun remains at large.

The superseding indictment adds two new defendants, Craig Miller and Derrick Taylor, to the scheme. Miller is a 15-year employee of the Department of Homeland Security (DHS), currently assigned as a deportation officer to DHS’s Emergency Relief Operations in Minneapolis, and Taylor is a retired DHS law enforcement agent who presently works as a private investigator in Irvine, California. Miller and Taylor are charged with obstruction of justice for allegedly destroying evidence after they were approached by FBI agents and asked about their procurement and dissemination of sensitive and confidential information from a restricted federal law enforcement database regarding U.S.-based dissidents from the PRC. Both Miller and Taylor were arrested pursuant to a criminal complaint in June 2022.

“We will defend the rights of people in the United States to engage in free speech and political expression, including views the PRC government wants to silence,” said Assistant Attorney General for National Security Matthew G. Olsen. “As charged, these individuals aided agents of a foreign government in seeking to suppress dissenting voices who have taken refuge here. The defendants include two sworn law enforcement officers who chose to forsake their oaths and violate the law. This indictment is the next step in holding all of these defendants responsible for their crimes.”

“As alleged, this case involves a multifaceted campaign to silence, harass, discredit and spy on U.S. residents for exercising their freedom of speech – aided by a current federal law enforcement officer and a private investigator who provided confidential information about U.S. residents from a restricted law enforcement database, and when confronted about their improper conduct, lied and destroyed evidence,” said U.S. Attorney Breon Peace for the Eastern District of New York. “This office will always work closely with our law enforcement partners to root out corrupt officials in all levels of government and will prosecute those who act on behalf of a hostile foreign state to target the free speech of U.S. residents on American soil.” 

“This case exposes attempts by the government of the PRC to suppress dissenting voices within the United States. Actions taken by the defendants – two of which are current or former federal law enforcement officers – demonstrate how the PRC seeks to stalk, intimidate, and silence those who oppose it,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “The FBI battles transnational repression because it is an evil in its own right, and an assault on the freedoms of an open society. Our community’s safety and our nation’s security were jeopardized by this criminal behavior, and we remain dedicated to combating transnational repression and bringing to justice those that perpetrate it.”

Liu and Ziburis are charged with conspiring to act as agents of the PRC government. Liu, Ziburis and Sun are charged with conspiring to commit interstate harassment and criminal use of a means of identification. Liu and Sun are charged with conspiring to bribe a federal official in connection with their scheme to obtain the tax returns of a pro-democracy activist residing in the United States. Both Miller and Taylor are charged with obstruction of justice, while Taylor is charged with making a false statement to the FBI.

If convicted, Liu faces up to 30 years’ imprisonment; Ziburis, Sun and Taylor face up to 25 years’ imprisonment; and Miller faces up to 20 years’ imprisonment. The defendants will be arraigned at a later date.

As alleged, Liu and Ziburis operated under Sun’s direction and control to discredit pro-democracy PRC dissidents residing in the United States, including those in New York City, California and Indiana. with efforts to disseminate negative information about, and to spy on, stalk, harass and surveil U.S.-based dissidents.

According to the indictment, one of Liu’s co-conspirators (“Co-conspirator”) retained Taylor to obtain personal identification information regarding multiple PRC dissidents residing in the United States, including passport information and photos, and flight and immigration records, which Taylor allegedly tasked to two DHS law enforcement officers, including Miller. As alleged, Miller and the other DHS agent obtained the information from the restricted database and improperly provided it to Taylor, who shared it with the Co-conspirator. Liu, Ziburis and Sun used this information to target and harass these U.S. residents while acting on behalf of the PRC government.

According to court documents, Miller and Taylor both lied about their past conduct when confronted by the FBI. According to the indictment, Miller deleted text messages with Taylor from his phone while being interviewed by the FBI, and Taylor instructed a co-conspirator to withhold evidence from the U.S. government. When interviewed by the FBI, Taylor falsely claimed that he obtained the records in question from a friend who was using the “Black Dark Web” — likely a reference to the dark web.

According to the indictment, the Co-conspirator called Taylor and claimed he received a subpoena from the Department of Justice seeking the Co-conspirator’s communications with Taylor, and Taylor directed the Co-conspirator to withhold such information from the U.S. government.

According to court documents, when interviewed by the FBI, Miller initially claimed to be in sporadic contact with Taylor and said the two did not discuss work matters. After agents admonished Miller to be honest, Miller admitted that Taylor provided him names to run through law enforcement databases. Miller granted consent to the FBI to search his phone, and ultimately admitted that he ran the queries for Taylor and sent the results to Taylor via text message, and that Taylor had provided a gift card in return. Miller then admitted that he deleted the text chain with Taylor during the interview earlier that day and that he fabricated all earlier statements about the text chain, including whether the chain included the names requested by Taylor.

Assistant U.S. Attorneys Alexander A. Solomon and Emily J. Dean for the Eastern District of New York are prosecuting the case with assistance provided by Trial Attorney Scott Claffee of the National Security Division’s Counterintelligence and Export Control Section, Assistant U.S. Attorney Christopher D. Grigg for the Central District of California and Assistant U.S. Attorney Kimberly Svendsen for the District of Minnesota. U.S. Attorney Peace also thanked the U.S. Immigration and Customs Enforcement, Office of Professional Responsibility, for its assistance in the investigation.

The FBI has created a website for victims to report efforts by foreign governments to stalk, intimidate, or assault people in the United States. If you believe that you are or have been a victim of transnational repression, please visit https://www.fbi.gov/investigate/counterintelligence/transnational-repression.

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

Security News: Jackson Man Sentenced to 7 Years in Prison For Intent to Distribute Cocaine

Source: United States Department of Justice News

Jackson, Miss. –  A Jackson man was sentenced to 84 months in federal prison for possession with intent to distribute cocaine, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

According to court documents, Christopher Hawkins, 38, was arrested by Jackson Police officers at a Jackson hotel following a domestic disturbance call where drugs were found in the hotel room.  Hawkins was indicted for possession of cocaine with intent to distribute.  He pled guilty on March 22, 2022. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jackson Police Department.

Assistant U.S. Attorney Lynn Murray prosecuted the case.

Security News: U.S. Attorney’s Office Reminds Communities Regarding the Americans with Disabilities Act and Outdoor Dining Areas

Source: United States Department of Justice News

LEXINGTON, Ky. As part of continuing COVID-19 pandemic mitigation strategies, many cities and other local municipalities have allowed restaurants to create or expand outdoor dining spaces, onto streets, sidewalks, and parking lots.  To ensure that such new dining spaces are accessible and do not impair the ability of those with disabilities to move in and around these areas, the U.S. Attorney’s Office for the Eastern District of Kentucky announced that it is sending the attached Letter to remind communities and restaurants of the requirements of the Americans with Disabilities Act (ADA).

The Letter explains that, under the ADA, restaurants must ensure that all dining areas (both indoor and outdoor) are accessible.  It also reminds municipalities, who often must approve the use or expansion of outdoor dining, that these areas must not obstruct the accessible path of travel on sidewalks.  Similarly, outdoor dining spaces should not reduce the availability of accessible parking spaces, in streets and parking lots.

“The use of new or enhanced outdoor seating is a valuable tool to assist COVID-19 mitigation and promote business,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “However, when considering these changes, it is important for restaurants to remember the requirements of the ADA and to ensure that any outdoor dining spaces are accessible to people with disabilities, and do not diminish the accessibility of surrounding areas, including sidewalks and availability of accessible parking spaces.”

The Letter includes a link to the Department of Justice’s website, ADA.gov, which provides information and technical assistance on the ADA’s requirements for public accommodations, such as restaurants, as well as state and local governments.

The U.S. Attorney’s Office for the Eastern District of Kentucky is responsible for enforcing a variety of federal statutes that prohibit discrimination, including the ADA.  Members of the public with information relating to ADA compliance or other potential civil rights violations may submit a complaint through the Department’s civil rights portal at https://civilrights.justice.gov/ or by contacting the United States Attorney’s Office at (859) 233-2661.

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Security News: Deming man pleads guilty to producing child pornography

Source: United States Department of Justice News

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Guillermo Rodriguez Garcia pleaded guilty on July 6 to production of a visual depiction of a minor engaging in sexually explicit conduct. Garcia, 40, of Deming, New Mexico, will remain in custody pending sentencing, which has not been scheduled.

In his plea agreement, Garcia admitted that on Aug. 27, 2021, he produced a video of himself engaging in sexual conduct with a victim who was 12 years old. Garcia produced the video with a cellphone. Garcia faces a minimum of 15 years and up to 30 years in prison and must register as a sex offender.

Homeland Security Investigations (HSI) investigated this case with assistance from the Sixth Judicial District Attorney’s Office and the Deming Police Department. Assistant United States Attorneys Marisa A. Ong and Matilda McCarthy Villalobos are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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Security News: Rosebud Man Sentenced for Assaulting a Federal Officer

Source: United States Department of Justice News

United States Attorney Alison J. Ramsdell announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on July 5, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Todd Kal Wilcox, age 42, was sentenced to 25 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Wilcox was indicted by a federal grand jury on October 13, 2021.  He pled guilty on April 14, 2022.

The conviction stemmed from an incident that occurred on July 15, 2021, in Todd County, South Dakota.  On that date, a Rosebud Sioux Tribe Law Enforcement Services officer responded to a call for service to remove Wilcox from a residence for being under the influence and disorderly.  The responding officer asked Wilcox to leave the residence, and the officer removed a vodka bottle from Wilcox’s person while escorting him outside.  Wilcox thereafter became combative and threatened and assaulted the officer with a metal bar.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Abby Roesler prosecuted the case.

Wilcox was ordered to self-report to the custody of the U.S. Marshals Service no later than Friday, July 8, 2022, by 2:00 p.m.