Judge acquits Chinese American researcher of espionage charges

University of Tennessee Professor Anming Hu

A federal judge from the U.S. District Court for the Eastern District of Tennessee acquitted University of Tennessee (UT) Engineering Professor Anming Hu of all charges after his trial resulted in a mistrial when the jury deadlocked. 

"Dr. Hu is finally free to return to his life and be reunited with his family," said John C. Yang, president and executive director of Asian Americans Advancing Justice | AAJC, said in a statement. But the "scars of the prosecution and investigation on Dr. Hu and his family are deep and long-lasting."

Dr. Hu’s case was the first to go to trial under the controversial U.S. Department of Justice's controversial China Initiative. The decision came after the U.S. government’s announcement to retry the case in July despite serious concerns voiced by elected officials, civil rights groups, and the Asian American community over the FBI’s conduct during the course of its investigation of Dr. Hu. 

U.S. District Judge Thomas A. Varlan  wrote in his rulings: "[E]ven viewing all the evidence in the light most favorable to the government, no rational jury could conclude that defendant acted with a scheme to defraud NASA" in failing to disclose his affiliation with the Beijing University of Technology to UTK.

The judge added "there was no evidence presented that defendant ever collaborated with a Chinese university in conducting his NASA-funded research, or used facilities, equipment, or funds from a Chinese university in the course of such research."

The case against Hu was the first attempt at prosecuting a suspect under the Trump administration's China Initiative, that has come under fire from civil rights and AAPI community organizations.

"Although we celebrate this moment, we cannot forget the life-long consequences this injustice has had on Dr. Hu and his family," said John C. Yang, president and executive director of Asian Americans Advancing Justice | AAJC. 

"Dr. Hu has lost years of his life, his job, his immigration status, his ability to obtain future federal grants, and possibly his career," he added.

Yang continued: "What happened to Dr. Hu and his family is not an isolated event and is part of systemic racial bias, discrimination, and profiling by our federal government against scientists and researchers of Asian descent across the country. ... We must put a stop to the racial profiling and the criminalization of our communities today, starting with ending the China Initiative.”

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DOJ to retry Chinese professor; acquittal sought

Supporters of Anming Hu protest government plan for a retrial.

Federal prosecutors announced July 30 that they intend to retry former University of Tennessee professor Anming Hu, just weeks after jurors deadlocked in the first trial over claims that Hu hid ties to China.

A judge had ordered the U.S. government to provide an update indicating whether it would retry Hu by July 30. Hu was initially charged in February 2020 with federal counts of wire fraud and an FBI agent reportedly admitted to baselessly accusing the former professor of espionage during the trial.

“We are deeply disappointed by the federal government’s decision to retry Professor Hu,” said OCA-Asian Pacific American Advocates’ National President Linda Ng. “The original trial laid bare the misguided and systemic efforts to strip Asian Americans and Asian immigrants of their civil liberties and shows the entrenched anti-Asian sentiment rampant among some members of law enforcement. And more importantly, it incurred a high emotional and financial toll on Hu and his family.”

“The federal government must understand how harmful this initiative is to both the targeted professors and the greater Asian American community,” said OCA-Asian Pacific American Advocates’ Deputy Executive Director Thu Nguyen. “Not only is the rhetoric around the ‘China Initiative’ perpetuating anti-Asian sentiments, stereotypes, and hate incidents, it destroys the careers of those targeted.”

After the government made its announcement, defense attorney Philip Lomonaco filed a renewed motion for judgment of acquittal, which was originally filed on June 11, 2021. The motion for acquittal was made because "the evidence was insufficient to sustain a conviction. There is no evidence that Professor Hu willfully intended to deceive NASA... Without the intent to deceive there can be no wire fraud conviction. Without the convictions for wire fraud, the remaining counts would fail as well... In the alternative, Defendant would rely on previous briefings to the Court regarding the lack of intent to harm NASA as being a defense to wire fraud as well."

Nearly 100 members of Congress, led by Rep. Ted Lieu, sent a letter to Attorney General Merrick Garland expressing concerns over potential misconduct in the Hu case and urged for an investigation into the U.S. Department of Justice’s “wrongful targeting of individuals of Asian descent.”

“What the federal government has done today is to confirm an utter disregard for justice and our democracy. This trial has exposed the deeply problematic investigations, surveillance, and prosecutions of Asian Americans and Asian immigrants," the Advancing Justice | AAJC said in a statement.

University of Tennessee Professor Anming Hu 

Reps. Jamie Raskin, D-MD, and Judy Chu, D-CA, convened a virtual “roundtable” in  June to discuss the implications of the China Initiative for Chinese American researchers. 

While the lawmakers conceded the need to combat foreign espionage, they cited the number of cases the DOJ dropped because of lack of evidence.

During the roundtable, Chu, chair of the Congressional Asian Pacific American Caucus, argued that the China said, “Whereas most investigations start with a crime and then find a suspect, this initiative starts with a suspect and then searches for a crime,” adding, “Just family ties to China or even professionally encouraged research and collaboration is enough to trigger an investigation,” according to an article published by the American Institute of Physics.

Raskin apointed out it has been common for cases against Chinese researchers to fall apart, spotlighting a few prominent instances, such as the case leveled against Los Alamos National Lab scientist Wen Ho Lee in the late 1990s. 

In addition, the AIP article said Raskin criticized DOJ’s recent focus on nondisclosure of ties to China, asserting that federal requirements are an “inconsistent jumble of ever-changing, ever-mutating guidance, making it difficult for scientists to avoid getting caught up in the FBI’s web.”

The DOJ asserts that it does not premise investigations on ethnic background and that lying about sources of support is a crime against the integrity of research. 

Criticism from members of Congress and community advocates such as OCA adds to a growing protest among community groups, researchers, and some university leaders that enforcement actions have been overzealous and are causing serious harms.

More than 200 researchers rallied around MIT nanotechnologist Gang Chen after he was indicted in January on charges related to nondisclosure of funding and affiliations. 

Despite the growing chorus of critics, the Biden administration has not stated their position on the China Initiative. There is some hope among Democratic lawmakers  that the DOJ would create an amnesty program as an alternative to prosecution.

UTK researcher arrested for lying to NASA about ties to a Chinese university

A Chinese American associate professor at the University of Tennessee, Knoxville (UTK) was arrested Thursday (Feb. 27) on federal charges he defrauded the National Aeronautics and Space Administration by hiding his dual employment with a Chinese university, authorities said.

Anming Hu, a researcher in the Department of Mechanical, Aerospace and Biomedical Engineering on a federal indictment and charged with three counts of wire fraud and three counts of making false statements.

“Hu allegedly committed fraud by hiding his relationship with a Chinese university while receiving funding from NASA,” said Assistant Attorney General for National Security John C. Demers.

The indictment alleges that beginning in 2016, Hu took part in a scheme to defraud the National Aeronautics and Space Administration (NASA) by concealing his affiliation with Beijing University of Technology (BJUT), a university in China. 


While NASA is restricted from funding any activity that that cooperates or collaborates with the Chinese government or Chinese companies, including Chinese universities.

Anming Hu

As alleged in the indictment, Hu’s false representations and omissions to UTK about his affiliation with BJUT caused UTK to falsely certify to NASA that UTK was in compliance with this federal law. 

If convicted, Hu faces up to 20 years in federal prison and a fine up to $250,000 on each of the wire fraud counts, and up to five years in prison on each of the false statement counts.

"The University of Tennessee has suspended Associate Professor Anming Hu, who was indicted by federal authorities on felony charges," UT spokesman Owen Driskill wrote in a statement to Knox News.

"UT officials have cooperated with federal authorities during the investigation. University leadership is fully committed to adherence to grant procedures and the protection of intellectual property."

Hu appeared in federal court Thursday and was appointed a public defender. A detention hearing has been scheduled for March 3.

Hu's arrest appears to be part of a broader DOJ strategy against Chinese attempts to obtain US technology by compromising Chinese and Chinese American scientists, researchers and educators, a concern also driving trade tensions between the world’s two largest economies.

Earlier this month, Rep. Judy Chu, the Chair of the Congressional Asian Pacific American Caucus (CAPAC), and Rep. Jamie Raskin, the Chairman of the Committee on Oversight and Reform’s Subcommittee on Civil Rights and Civil Liberties, sent letters to the National Institutes of Health (NIH) and the Federal Bureau of Investigation (FBI) seeking information related to news reports that these institutions are targeting Chinese American scientists as potential spies.

“While there are undoubtedly authentic and legitimate cases of espionage that should be investigated, these reports have created serious concern that innocent people are being swept up in this initiative,” Chu and Raskin wrote.