She said that they knew it would be a majority, but that it was not convincing. Margaret Lewis, a law professor at Seton Hall University who has written extensively about the China Initiative, said the numbers are high. This includes American citizens who are Chinese and citizens of the People's Republic of China as well as citizens and others with connections to Taiwan, Hong Kong, and long-standing Chinese diaspora communities in Southeast Asia. The analysis shows that of the 148 people charged, 130 are of Chinese heritage. The China Initiative has been accused of engaging in racial profiling, but DOJ officials have denied it. One of the earliest criticisms of the China Initiative was that it could lead to an increase in racial profiling against people of Chinese descent. The majority of cases are against people of Chinese origin. The outcomes for defendants charged under the China Initiative. The vast majority of federal criminal cases end in a guilty plea, according to an analysis of federal statistics. While eight are still pending, seven of them have ended in dismissal or acquittal.
Many of the research integrity cases have fallen apart. 71 of the 95 individuals still facing charges are not being actively prosecuted because they are in an unknown location or cannot be extradited. Almost two-thirds of cases are still pending.
Only 40 of the 148 individuals charged have pleaded or been found guilty, with guilty pleas often involving lesser charges than originally brought. Less than a third of defendants have been convicted three years after the program started. The DoJ claims that China Initiative cases are successful. Our database shows that only two of 22 researchers were accused of trying to smuggle goods into China. The national security implications seem to center around concerns that any individuals with links to China could serve as non-traditional collectors, which the China Initiative fact sheet describes as researchers in labs, universities, and the defense industrial base that are being coopted into transferring technology contrary to the US. The representative referred questions on the China Initiative to the Justice Department.įunding agencies are accused of fraud in research integrity cases. Nine of 23 research integrity cases involve health and medical researchers, including people studying heart disease, rheumatoid arthritis, and cancer, and six of those centered on researchers funded by the National Institute of Health. Most of the work in these areas is basic research, and many disciplines in which cases have been brought have no links to national security. Several cases of academics working on topics such as artificial intelligence or robotics, which may have national security applications, have been included in the initiative's increasing focus on research integrity. The China Initiative cases are charged every year. The federal government has said that talent programs are not illegal, even though they have called them "brain gain programs" and encouraged theft of intellectual property from US institutions. At least four cases of trade secret theft involve talent program participation. There are suspicions that some Chinese universities give financial incentives for academics to conduct research, teach, or bring other activities back to the sponsoring institution on a part- or full-time basis. One research integrity case in 2020 included a charge of violating the EEA.
By 2020, 16 of the 31 cases were announced. There were no research integrity cases in the year. Our analysis shows a shift in focus towards academics.
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