Chinese American scientist vindicated with a settlement of $1.75 million settlement

SCIENTIST SHERRY CHEN

Wrongfully accused of being a spy, Chinese American scientist Sherry Chen finally received justice in the form of a $1.75 million settlement from the federal government.


“The government’s investigation and prosecution of me was discriminatory and unjustified,” said Sherry Chen. “The Commerce Department is finally being held responsible for its wrongdoing and for the conduct of its illegal security unit, which has had a devastating impact on my life and the lives of so many other federal employees. No one else should have to endure this injustice.”

On Nov. 10, Chen’s lawyers announced that the scientist won a historic $1.75 million settlement from the US Commerce Department for her wrongful prosecution and subsequent termination from the National Weather Service. “The government’s investigation and prosecution of me was discriminatory and unjustified,” Chen said in a statement. “The Commerce Department is finally being held responsible for its wrongdoing … No one else should have to endure this injustice.”

The settlement - $550,000 from the Commerce Department and an annuity from the government valued at $1.25 million over 10 years – marks the end of Chen's lawsuit.

"Ms Chen's historic settlement is a victory for her and for Chinese American communities," said Ashley Gorski, senior staff attorney with the American Civil Liberties Union, co-counsel of Chen's case. "It makes clear that profiling and discrimination are unacceptable, and that the government will be held to account," she said in a statement.

Chen's case began with racial profiling. Even though she had won awards for helping save lives from dangerous floodwaters, after she visited her elderly parents in China, she was targeted. She was accused of crimes such as espionage, interrogated without being advised of her rights, and then brought under federal prosecution and terminated from employment.

On the eve of trial, however, the government dropped all criminal charges. Sherry was always, and remains, an innocent American. 

“As a public servant, I have been in the front line protecting people’s safety and their property," said Chen. "I made my contribution to this country. I have been an innocent American and a law abiding citizen. However, my life has been turned upside down twice by our government for doing nothing wrong. I am glad to receive the court’s favorable ruling on my MSPB claim.”

Chen’s case was an early instance of what would become a much bigger pattern of the US government’s increasing suspicion of Chinese and Chinese American scientists amid growing competition between the US and China. The settlement is a personal and symbolic victory after years of persecution.

Chen’s investigation and firing predated the Justice Department’s China Initiative, a Trump-era program to counter Chinese economic espionage that, despite its stated goals, disproportionately targeted Chinese-American academic researchers for alleged grant fraud or disclosure issues—and saw a higher number of cases fall apart before trial than the federal average.

In addition to the monetary damages, Chen’s lawyers say that the Commerce Department will also host a private meeting with the scientist and provide a letter acknowledging her record and accomplishments as a government hydrologist.

It’s not quite the apology that Chen’s supporters, organized by the advocacy organization APA Justice and signed by over 1,000 individuals and organizations, demanded in an open letter sent earlier this year to Gina Raimondo, the secretary of commerce. However, the chance to sit down with Commerce Department officials and the promise of a written acknowledgement “were very important to Ms. Chen and were negotiated as part of the settlement,” Gorski told us.

The symbolism of her settlement may be especially welcome in the aftermath of the ill-fated China Initiative, which MIT Technology Review investigated last year and found to be ineffective with respect to its stated goals and to have overwhelmingly targeted individuals of Chinese heritage, who made up 90% of defendants.

The Biden administration officially ended the China Initiative in February, but numerous studies have pointed to its broader chilling effects on scientific collaboration between the US and China, as well as declining interest in the United States as a destination for higher education and research. Not to mention the lingering personal effects for individuals caught up in the web, even if they were ultimately cleared.

That gives added significance to the outcome of Chen’s lawsuits. “It’s an enormous victory for Ms. Chen personally,” said Gorski, “and for the Chinese American community as well. The settlement makes clear that when the government discriminates, it’s going to be held accountable.”

Chen's victory was cheered by Chinese American community members. “The Sherry Chen case has meant so much to Asian Americans, especially Chinese immigrants, because they identify with her," said Committee of 100 President Frank H. Wu. 

"Sherry could be your sister, cousin, or aunt. She is representative. Even though she wanted to contribute to America, she was singled out on account of who she is. So many of us have had that experience too.”

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