Dialogue with FBI: Meeting advises Asian Americans on FBI questioning
Updated 18:01, 01-Oct-2018
[]
03:32
Economic espionage. It's defined as the theft of trade secrets carried out to benefit foreign countries. In March, the US Trade Representative claimed that Chinese theft of American intellectual property costs the country billions each year. And yet, one study has found that Asians in America may be unfairly targeted by economic espionage investigations. CGTN's Hendrik Sybrandy reports.
Gordon Quan still remembers a US FBI agent calling him several years ago. He wanted to meet Quan at his house.
GORDON QUAN HOUSTON IMMIGRATION ATTORNEY "They'd been monitoring the Chinese consulate in town and had seen my car there many times."
The immigration attorney was asked if he'd ever shared information with the Chinese government. He said no.
GORDON QUAN HOUSTON IMMIGRATION ATTORNEY "To have my loyalty imputed was kind of very upsetting to me, thinking just because I'm Chinese doesn't mean I'm not all American."
"Well, good morning to each of you."
At a forum in Houston, more than 100 Asian American scientists and academics were advised on how to avoid US government suspicion, how to comply with laws against the theft of American trade secrets.
NELSON DONG INTERNATIONAL BUSINESS ATTORNEY "These laws can really take somebody down and do bitter, bitter damage to careers, to families. And people can go to prison, and they don't fool around."
HENDRIK SYBRANDY HOUSTON "The number of Chinese scientists working in research and academic institutions like the University of Houston has gone up dramatically in recent years. Economic espionage investigations have become more of a priority as well."
A study published last year by the group "Committee of 100" found that 62 percent of defendants charged under the US Economic Espionage Act between 2009 and 2015 are Asian, mostly Chinese, average sentences for Asian defendants were twice as long as those for defendants with Western names and as many as one in five Asians prosecuted as spies were likely innocent.
ANDREW CHONGSEH KIM STUDY AUTHOR "There's been people who have gone to jail over these issues, many of them guilty, and many of them rightfully so, but there's also innocent people that are being caught up in the cross-hairs."
Andrew Kim, who conducted the study, thinks preconceived images of spies as Chinese, rather than outright racial profiling, explain some of the findings. FBI special agent Michael Morgan, who did not want to be shown speaking at the forum, told the audience his agency bases investigations on specific threats and doesn't focus on ethnicity.
KENT SCHAFFER LAWYER "You know investigators, prosecutors, are jumping a little too quick."
Attorney Kent Schaffer believes researchers in the US should thoroughly vet those they collaborate with in places like China.
KENT SCHAFFER LAWYER "They work for a company over there. Unbeknownst to the scientists here, that company is owned by the Chinese government."
Work closely with your university's compliance manager, this group was told. Consult a lawyer, if need be. And, above all, don't lie to the FBI.
"They need to make sure that they're following not just the spirit but the letter of every regulation that their research institution provides and absolutely make sure that you're following the letter of the federal law."
GORDON QUAN HOUSTON IMMIGRATION ATTORNEY "Whenever the government comes knocking, it's not a good visit."
Quan says this is serious business and hopes those who work with technology and on innovation take heed.
"Because of the scrutiny aimed at the Chinese community at this time, they have to be on guard."
Hendrik Sybrandy, CGTN, Houston.