EDNY
Indictment of China Fox Hunt Has Zhu Yong
Freed On Bail With Angwang Echo
By Matthew
Russell Lee, Patreon Memo
BBC
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UK - Honduras
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SDNY COURTHOUSE,
Oct 28 – The penetration of
the Chinese Communist Party
into New York City, not only
the nearly fully purchased
United Nations of Antonio
Guterres but even the NYPD,
became clearer on September
21. Inner City Press first
tweet here.
According
to an Eastern District of New
York filing, on Inner City
Press' Document Cloud here,
NYPD Officer Angwang, an
ethnic Tibetan from China, had
CPC handlers in the Chinese
consulate just south of the
United Nations and reported to
them information on
pro-independence Tibetans in
New York.
This also happens
through the UN. This too:
"A complaint and
arrest warrants were unsealed
today in federal court in
Brooklyn charging eight
defendants with conspiring to
act in the United States as
illegal agents of the People’s
Republic of China (PRC). Six
defendants also face related
charges of conspiring to
commit interstate and
international stalking. The
defendants, allegedly acting
at the direction and under the
control of PRC government
officials, conducted
surveillance of and engaged in
a campaign to harass, stalk
and coerce certain residents
of the United States to return
to the PRC as part of a
global, concerted and
extralegal repatriation effort
known as “Operation Fox Hunt.”
Zhu Yong, Hongru Jin and
Michael McMahon were arrested
today, and their initial
appearances are scheduled this
afternoon via teleconference
before United States
Magistrate Judge Peggy Kuo.
Rong Jing and Zheng Congying
were arrested in the Central
District of California, and
their initial appearances will
take place in that district
later today. Zhu Feng, Hu Ji
and Li Minjun remain at
large."
So what about
indictments there? So far SDNY
has only gone after the
bribers - Ng Lap Seng and
Patrick Ho - and not the
bribees, for example Antonio
Guterres. Inner City Press,
banned from the UN for asking
about this, continues to
report on it. On the morning
of October 28 Inner City Press
asked Guterres, Stephane
Dujarric and Melissa Fleming:
"What are the comment of SG
Guterres on the October 28
arrests in the US of Chinese
government conspirators by the
EDNY - clearly a matter of
global dipomatic contention.
UNITED STATES OF AMERICA
- against - ZHU FENG, also
known as “Johnny Zhu,” HU JI,
LI MINJUN, HONGRU JIN, ZHU
YONG, also known as “Jason
Zhu,” MICHAEL MCMAHON, RONG
JING and ZHENG CONGYING,
Defendants. Again, why did
Guterres not list Gulbenkian,
linked to CEFC China Energy,
in his disclosure covering
2016?"
No answer at all.
Later on October
28, EDNY Magistrate Judge
Peggy Kuo ordered Zhu Yong
freed, despite this
detention memo, now on Inenr
City Press' Document Cloud here:
"Now it's Yong Zhu, with
interpreter. He asks if his
attorney is on the line. Yes -
and he advises to proceed by
video. Zhu: Okay! Okay! Then
he says since he doesn't have
his real (Mission?) lawyer,
he'll take free/CJA Royce
Russell
Yong Zhu
says he doesn't know why he is
being charged, what he did was
totally normal. Judge: I just
need to know if you understand
the charges. Zhu: OK, yes, I
understand to a limited
extent.
Zhu wants
out on bail. He owns a house
in Connecticut, proposed
suretor is a border guard (!)
and his wife works for United
Healthcare. Judge: The
pre-trial services report says
he's divorced. Zhu's son: It's
my wife who is Maggie.
[Lost in translation]
Are the EDNY
prosecutors agreeing to this??
Would they appeal to a
District Judge? The arguments
seem similar to those in
Angwang...
AUSA: He
was trusted to provide
sensitive information about
victims to the private
investigator, and pass
information back to PRC
officials. He is a risk of
flight and should be
detained. Judge Kuo: Is
there a Chinese mission or
consulate in Norwich,
Connecticut?
AUSA: Looks like
there's a Chinese consulate in
Glastonbury (?) Zhu: No, there
isn't one. [So he knows more
than he lets on.]
Judge Kuo: Don't
speak for yourself. There is a
chance the defendant could
seek shelter in a mission. But
I think there are conditions
Judge Kuo: I will
order him to stay out of
Manhattan. From Connecticut to
the EDNY without going through
Manhattan.
Judge Kuo:
I will release Yong Zhu on
$120,000 bond, with his friend
Yin Zhu as suretor. And Maggie
too. Stay in EDNY."
On October
2, Angwang was ordered freed,
with a stay until the end of
the day. Then in an appeal,
the stay was extended until
October 6 or 7, pending
briefings. Inner City Press
live tweeted the appeal
arguemnt, below.
On October 7,
Judge Eric Komitee ordered
Angwang's continued detention.
Full 16-pagedecision here,
free, on Inner City Press'
DocumentCloud. Excerpts: "The
weight of the evidence against
the Defendant appears to be
very strong, based on the
government’s interception of
multiple telephone
conversations between
Defendant and PRC officials.
This factor must be weighed
with caution, inasmuch as the
American legal system imposes
no punishment for crimes prior
to conviction. See, e.g.,
United States v. Paulino, 335
F. Supp. 3d 600, 613 (S.D.N.Y.
2018). At this early stage in
the proceedings, the Court
reaches no conclusions about
the merits of the government’s
case. But the existence of
concrete evidence — like
intercepted telephone
recordings — may weigh against
release when it sheds light on
a defendant’s role in an
alleged crime. See, e.g.,
United States v. Fishenko, No.
12-CR-626, 2013 WL 3934174, at
*2 1 Incidentally, in the
majority of the most
comparable of these cases, the
defendant was detained pending
trial. See, e.g., United
States v. Butina, No.
18-CR-00218 (D.D.C.)...
Here, the government has
identified over a hundred
electronic communications
Defendant made to the two PRC
officials, reaching back to
2014. Those conversations
suggest that Defendant
strategized with the two
officials to expand the PRC’s
influence in New York, and
that he took instruction from
those officials. "
The Oct 2
argument: Judge Komitee says
he wants to hear about
possible jail time for
Angwang, and if he might be
deported if his citizen was
procured by fraud. AUSA
Michael Keilty: This morning
Judge Bloom based her decision
to free the defendant mostly
on COVID Inner City Press
@innercitypress · 1h AUSA:
COVID is not a factor in the
Bail Reform Act. But risk of
flight is. Angwang was been
operating as an asset for the
People's Republic of China,
the PRC. He has been in
contact with the Chinese
consulate AUSA: He was caught
on judicially authorized
wiretaps, telling PRC official
2 about targets, like a person
running for political office
in Ohio (!)
Note: Inner City
Press reseach zeroes in on
Aftab Pureval,
here
AUSA: This
is about China trying to use
soft power, to work through
minorities. This division of
the Consulate, this is their
M.O. - Judge Komitee:
What paragraph of the
Complaint?... Let's look at
Paragraph 19. The word
"asset" has a particular
meaning.
Judge
Komitee: So is organizing a
trip to China, is that an
intelligence activity? AUSA:
One of their activities is to
lobby US officials. In this
case is would have been a
fairly senior one.
AUSA: "If
Angwang walks into the Chinese
Mission to the UN, we've lost
him." Then, "We have the case
of Julian Assange, who just
holes up in there, in the UK."
AUSA Keilty: The defendant is
a liar. He was being deported
and he sought asylum on
alleged torture in China. Then
when he applied for
naturalization, he didn't
disclose that he had ever
faced deportation. And why did
he then visit China again and
again?
Judge
Komitee: I'm new to the INA.
The definition of a refugee,
here, is a person outside of
China due to persecution or a
well-founded fear of
persecution. The defense says
he did, based on ethnicity.
Inner City Press
@innercitypress · 55m Inner
City Press interim research:
Complaint says "On or about
Feb 13, 2019, ANGWANG called
PRC Official-2, and described
a U.S. citizen of Tibetan
ethnicity who ran for office
during the previous election
cycle. ANGWANG stated that
although unsuccessful..."
Angwang
said, “So, if this person, if
this person can get elected,
he can, you can organize a
trip to tour China. I think
this news would generate very
positiveAUSA: We have recorded
phone calls bragging how the
Chinese Consulate has
recruited one in the police
department. Judge Komitee: Was
that just for a holiday party?
AUSA: He entered alone.
Judge
Komitee: Did he enter five
times? 20 times? AUSA: More
than five. And we surveilled
him having dinner with
consulate officials. I don't
know about you, but I don't
keep other people's passport
photos. Our evidence is
strong. He should be detained.
Judge
Komitee: What about his wife?
Is she Tibetan? AUSA: No. She
is Han Chinese. I got a call
from the FBI this afternoon
that the immigration
authorities have reached out
about possible fraud in
Angwang's naturalization.
Angwang's lawyer:
Where to begin. Let's start
with the passports he had. Mr
Wang, he's well known to the
government. He traveled to buy
property in St. Kitts. One of
the driver's licenses, Angwang
doesn't know who the person
is. Judge Komitee: Angwang was
a personal assistant? Defense
lawyer: Yes, before the NYPD.
He traveled with Mr. Wang. He
worked for him. Judge: Then
why isn't it on his employment
history in the pre-trial
services report?
Defense: Well, it
wasn't employment in the
traditional sense. Anything
else on the passport, Judge?
Judge: No, not at the
moment. Defense: Of
course he was persecuted as a
teenager in China. We don't
need to spend time on that.
Defense:
This morning nine suretors
spoke. It was incredibly
compelling. Now on the
embassy, and the idea he's a
bridge away from a nice life
in Beijing. They talk about 55
years, but the actual exposure
is smaller. The FARA charge is
10 year maximum.
Defense: I think there was
recently a very lenient
sentence on FARA. This is not
about state secrets, this is
about soft power. .. All they
have is PRC-2. If you read my
letter, you'll find he is a
Tibetan. So he's kind of
accepted by the community.
Judge Komitee: I
may ask for expedited briefing
on the FARA [Foreign Agent
Registration Act] issue. NYPD
is a position of trust.
Identifying people for the PRC
seems like a more serious FARA
violation than a lawyer making
a single call for a client
Defense: I
would focus on PRC-2... "There
is a guy in Ohio you should
meet" Defense: PRC-2
controlled Angwang's ability
to go to visit his parents.
Judge Komitee: That's about
motive. Defense: A Han Chinese
gets a 10 year visa easily.
But a Tibetan? Six month
process to get a 30 day visa.
Angwang was saying, I just
want my visa
Defense: I
don't see any jail time. The
AUSA says it's all sinister. I
don't see it. AUSA: This is
not straight up FARA. I get
very upset when defense
counsel starts talking about,
this is not classified info.
But he was spying on his
neighbors, for China. This is
abhorrent.
AUSA: Angwang
told the consulate, you should
do X, Y and Z to get
additional people like me.
Give us 100% types 10 year
visas so we can do more
here. Defense: He was
lobbying this government
bureaucrat.
AUSA (to Defense)
- so this 100% stuff, I guess
you can explain that away?
Judge Komitee: There are still
open factual disputes, about
the prison time faced, and
about the immigration issue.
If the US can show Angwang's
asylum application was
procured by fraud
Judge Komitee:
I'd like US briefing on Sunday
on the sentencing guidelines,
from across the country, and
immigration law analysis, on
denaturalization. What
past persecution enough? Or
did he mislead about the
future?
Judge
Komitee: And the defense can
respond Monday, after seeing
the US filings. Defense: 5 pm
OK? I have a family
commitment. Judge Komittee: 7
pm would be fine. Then I'll
work hard on a decision. And
I'll listen to the recording
of Judge Bloom over the
weekend.
AUSA: Continue he
detention. Judge Komitee: I am
staying Judge Bloom's decision
until I decide, by close of
business on Tuesday, or
Wednesday. [Would US appeal to
2d Circuit?] Adjourned.
And from the
morning of Oct 2:
Magistrate Judge
Lois Bloom says she got a
second letter this morning
from the EDNY prosecutors,
about Angwang as a risk of
flight. You might say.
Judge Bloom says
there's a friend of Angwang's
from the Marines, another
who's a restaurant manager.
She asks for Angwang's reply
on risk of flight, and about
what bail package might look
like. Angwang's lawyer: OK, my
client was in possession of
travel documents
Judge Bloom:
You're saying Angwang had
other people's passports?
Angwang's lawyer: Yes. He had
a Mr. Wang's passport. They
traveled together to Hong Kong
and St. Kitts. There were two
other people's passports who
he had. Angwang was personal
assistant to Mr. Wang
Now
Angwang's lawyer is saying he
didn't mean to claim he had
sought asylum, he just
misunderstood the question.
Says the fact that he returned
to China doesn't mean he
wasn't oppressed. But why was
he going into the Chinese
consulate on 35th Street so
much?
To Inner City
Press, explaining Angwang
having Mr. Wang's passport by
saying he was personal
assistant to a man traveling
to St. Kitts hearkens back to
UN briber Ng Lap Seng and
*his* personal assistant,
Jeffrey Yin, here.
Angwang's
lawyer offer a million dollar
bond. AUSA: All he would have
to do is walk into one of
those buildings and he's done.
Of course the Chinese would
want him - they could say, If
you get caught, we'll help
you. It's a recruiting tool.
AUSA: The PRC
would use that as propaganda.
He is very familiar with the
consulate. He's not, as
portrayed, a "Tibetan
separatist." He is a PRC
asset. The other ethnic
Tibetans he's been trying to
get in with visas are also
assets.
AUSA: He also had
other people's drivers
licenses. Why? These are not
Tibetan separatists.
Judge Bloom: I am not here to
decided on his guilt, unlike
the legal systems in other
countries particularly the
PRC. What about the conditions
at the MDC? When a trial?
AUSA: We are
restarting trials -- Judge
Bloom: Only two at a time. And
this is not even indicted yet.
AUSA: OK, we are starting to
restart trials. But the MDC
has reinstituted attorney
visits. Judge Bloom: We can't
even get MDC on the phone.
This took 30 minutes.
Judge Bloom: This
man would likely be held for
several years before this case
would come to trial. AUSA:
We'd try to move the case
along. Judge Bloom: There is
no vaccine.
It sure sounds
like Judge Bloom is going to
release Angwang... She's
interviewing suretors
Judge Bloom
orders that no one call the
interpreter, says she is
prepared to release Angwang on
bond. She apologizes to the
suretors.
Judge Bloom asks
Angwang's wife, how long have
you been married? The wife
hesitates, then says, Three
years I think. Judge Bloom:
Usually it's the husband who
doesn't remember.
Judge Bloom wants
to be sure Angwang can go out
into the backyard of the house
he'll be in. Judge
Bloom: Where does your mother
work? Mrs. Angwang: She works
in a casino, in Jamaica
[Queens] She makes $60,000 a
year
Another suretor
is a USPS letter carrier.
Judge Bloom: I always thought
that would be the best career.
You get to know everyone on
your route.
Now Ms Liu,
another (proposed?) suretor,
says she met Mr. Angwang in
China. Oh. Inner City Press
@innercitypress · 39m Ms. Liu
says that where she met
Angwang in China he was called
"Big Brother." He made a point
of saying, "I am a
minority." That is, a
pro-CCP Tibetan (?)
Next suretor is a
realtor in Kansas City. Judge
Bloom: I've heard they have
good barbeque there. From the
detention letter: "on or about
January 29, 2014, a U.S. bank
account jointly held in the
name of Angwang and Angwang’s
wife received separate credits
of $50,000 and $20,000 from an
account held in the name of an
individual at the Bank of
China in New York.
Magistrate Judge
says Angwang is being freed.
AUSA: We ask for a stay until
the end of the day to appeal
to the duty District Judge
(Part 1). Mag Judge: But how
will he get his GPS bracelet?
Inner City Press aims to
continue to cover this
Now on
phone line, someone is
sputtering (is it Zhang
Jun?) It is said if he is
release late in the day, he
will be unmonitored over the
weekend.
Watch this site.
Inner City
Press has asked
China's UN Ambassador Zhang
Jun about it: "What about
today's indictment &
detention of your citizen
Baimadajie Angwang for spying
on New Yorkers from Tibet for
your consulate? Is it for your
Mission that
@AntonioGuterres has
banned Inner City Press from
#UNGA? What's your view of
Patrick Ho/CEFC? Xièxiè." We
said "we will report any
answer(s)."
The response as
been for China's "Ambassador"
to the UN Zhang Jun to block
Inner City Press on Twitter.
Now on
October 1, still blocked and
banned from UNSC press
conference, Inner City Press
has learned that Angwang will
be arguing for bail on October
2: "USA V.
ANGWANG. Criminal
Cause for Bail
Application.* Deft. –
Baimadajie Angwang, NYPD
police officer charged with
acting as an agent of a
foreign government (People’s
Republic of China) without
prior notification to the
Attorney General, wire fraud,
false statements and
obstruction of an official
proceeding. United
States Magistrate Judge Lois
Bloom." We'll be there.
Inner City Press
published the detention memo,
here.
More than
an hour late at 4:30 pm on
September 21, Angwang was
presented in EDNY. Inner City
Press live tweeted it, here:
EDNY Magistrate
Judge Roanne L. Mann asks
Baimadajie Angwang if he
understands his rights.
He says, "Yes
your honor." [How many people
has he Mirandized? For whom?]
She says the
charge involves not telling
the DOJ he was working for
China. [Note: in SDNY
there's also a case of UN
staffer Karim Elkorany for
false statements, about him
drugging and raping women in
Iraq. The UN covered that one
up - what's its role here?]
Mann: You obstructed National
Security investigation, per
the charges.
Angwang has
privately retained as his
lawyer John Carman. [Who is
paying him?] Angwang is
consenting to detention,
unlike for example PPP
fraudster Muge Ma, and Patrick
Ho was he was arrested.
Magistrate Judge
Mann: I am entering a
permanent order of detention
without prejudice and am
terminating the
proceeding.
Watch this
site.
***
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