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Friday, July 08, 2022

Five Indicted in Repression Scheme to Silence China Critics as MI5 & FBI Chiefs Warn on China's IP Theft

Defendants Include one current (DHS)  federal law enforcement officer and one retired (DHS) federal law enforcement office just as MI5 & FBI Chiefs warn on China's Intellectual Property (IP) Theft

"According to FBI Director  Christopher Wray "The Chinese Government is set on stealing your technology -It sees cyber as the pathway to cheat and steal on a massive scale," he added in prepared remarks delivered Wednesday at the London headquarters of the U.K.'s Security Service, known as MI5. whatever that is that makes your company tick"




Meanwhile a federal grand jury in Brooklyn returned a superseding indictment Wednesday charging five defendants  with various crimes related to a transnational repression scheme on behalf of the Government of the People’s Republic of China (PRC).

Defendants Fan “Frank” Liu, 62, of Jericho, New York; Matthew Ziburis, 49, of Oyster Bay, New York; and Qiang “Jason” Sun, 40, of the PRC were charged in March 2022 with a transnational repression scheme that targeted U.S. residents whose political views and actions are disfavored by the PRC Government.
Liu and Ziburis were arrested on a criminal complaint in March 2022, while Sun remains at large.

The superseding indictment adds two new defendants, Craig Miller and Derrick Taylor, to the scheme. Miller is a 15-year employee of the Department of Homeland Security (DHS), currently assigned as a deportation officer to DHS’s Emergency Relief Operations in Minneapolis, and Taylor is a retired DHS law enforcement agent who presently works as a private investigator in Irvine, California. Miller and Taylor are charged with obstruction of justice for allegedly destroying evidence after they were approached by FBI agents and asked about their procurement and dissemination of sensitive and confidential information from a restricted federal law enforcement database regarding U.S.-based dissidents from the PRC. Both Miller and Taylor were arrested on a criminal complaint in June 2022.


The  case involves a multifaceted campaign to silence, harass, discredit and spy on U.S. residents for exercising their freedom of speech – aided by a current federal law enforcement officer and a private investigator who provided confidential information about U.S. residents from a restricted law enforcement database, and when confronted about their improper conduct, lied and destroyed evidence,” said U.S. Attorney Breon Peace for the Eastern District of New York.

Liu and Ziburis are charged with conspiring to act as agents of the PRC government. Liu, Ziburis and Sun are charged with conspiring to commit interstate harassment and criminal use of a means of identification. Liu and Sun are charged with conspiring to bribe a federal official in connection with their scheme to obtain the tax returns of a pro-democracy activist residing in the United States. Both Miller and Taylor are charged with obstruction of justice, while Taylor is charged with making a false statement to the FBI.

If convicted, Liu faces up to 30 years’ imprisonment; Ziburis, Sun and Taylor face up to 25 years’ imprisonment; and Miller faces up to 20 years’ imprisonment. The defendants will be arraigned at a later date.

According to the indictment, one of Liu’s co-conspirators (“Co-conspirator”) retained Taylor to obtain personal identification information regarding multiple PRC dissidents residing in the United States, including passport information and photos, and flight and immigration records, which Taylor allegedly tasked to two DHS law enforcement officers, including Miller. As alleged, Miller and the other DHS agent obtained the information from the restricted database and improperly provided it to Taylor, who shared it with the Co-conspirator. Liu, Ziburis and Sun used this information to target and harass these U.S. residents while acting on behalf of the PRC government.

Miller and Taylor both lied about their past conduct when confronted by the FBI. According to the indictment, Miller deleted text messages with Taylor from his phone while being interviewed by the FBI, and Taylor instructed a co-conspirator to withhold evidence from the U.S. government. When interviewed by the FBI, Taylor falsely claimed that he obtained the records in question from a friend who was using the Black Dark Web
According to the indictment, the Co-conspirator called Taylor and claimed he received a subpoena from the Department of Justice seeking the Co-conspirator’s communications with Taylor, and Taylor directed the Co-conspirator to withhold such information from the U.S. government.

When interviewed by the FBI, Miller initially claimed to be in sporadic contact with Taylor and said the two did not discuss work matters. Miller later admitted that Taylor provided him names to run through law enforcement databases. Miller granted consent to the FBI to search his phone, and ultimately admitted that he ran the queries for Taylor and sent the results to Taylor via text message, and that Taylor had provided a gift card in return. Miller then admitted that he deleted the text chain with Taylor during the interview earlier that day and that he fabricated all earlier statements about the text chain, including whether the chain included the names requested by Taylor. 

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