Additionally, Chinese and Asian defendants convicted of economic espionage received average sentences of 27 and 23 months respectively, roughly twice as long as the average sentence of 12 months for defendants with Western names. In contrast, the vast majority of defendants of Asian descent (75%) were sent to prison, in particular defendants of Chinese descent (80%). Half of the defendants with Western names (49%) convicted under the EEA were given sentences of probation only, with no incarceration. People of Chinese and Asian descent are punished twice as severely In total, 1 in 3 Asian Americans accused of espionage may have been falsely accused. An additional 6% of Asian Americans were convicted only of process offenses like false statements. This study found that 27% of presumed Asian American citizens charged under the EEA were not convicted of any crimes. One in three Asian Americans accused of espionage have been falsely accused These new findings raise concerns that the DOJ is searching for spies in the places they are least likely to find them. Only 3% of the alleged theft of trade secrets alleged under the EEA occurred in research institutions. 46% alleged theft for the benefit of China, while the remaining 12% alleged theft for the benefit of other countries, including Australia and Russia.Ĭases against college and university professors are not commonĪlthough much has been written accusing faculty and staff at universities as agents of economic espionage, the actual charges against these defendants rarely include accusations of espionage. However, since 2009, the majority of people charged with EEA offenses have been people of Chinese descent.ĭomestic espionage cases nearly as high as international casesĪlthough news stories focus on espionage for China, 42% of the defendants charged under the EEA were alleged to have stolen trade secrets for the benefit of an American business or person. Prior to 2009, two-thirds of the defendants charged under the EEA were people with Western names, while 16% were people with Chinese names. The percentage of Chinese and Asian defendants charged skyrocketed over the past decade Highlights from the white paper and research include: These findings suggest that ordinary Asian American citizens are becoming collateral damage in our efforts to protect America’s economy.” Perhaps more troubling, the DOJ is much more likely to publicize allegations of spying when they involve people with Asian names. “People of Asian descent are more likely to be accused of spying even though they are less likely to actually be convicted of those charges. Unfortunately, the data reveals that Asian Americans and others of Asian descent are treated differently by our justice system,” said Andrew Chongseh Kim. “We spent thousands of hours analyzing federal court filings and Department of Justice press releases. America is a place of law and justice, where our diversity is our strength.” “This research is critical to understanding the racial discrimination and implicit bias that are the byproducts of a rush to ensure national security, which is making America a less attractive place for immigrants of all backgrounds. “We must recognize the racial stereotyping that the Chinese and Asian American communities have had to deal with for over two centuries, starting with the ‘Yellow Peril’ of the 19th century to the ‘perpetual foreigner’ stereotype that still exists today,” said Zheng Yu Huang, President of Committee of 100. The study provides empirical data that individuals, particularly those with Chinese or Asian names, are disproportionately and adversely impacted under the EEA. The study, co-led by Committee of 100 and Andrew Chongseh Kim, an attorney with Greenberg Traurig, LLP and Visiting Scholar at South Texas College of Law, analyzed court filings for all cases charged under the EEA from 1996 to 2020: 276 individual defendants charged across 190 cases, as coded in the Federal PACER (Public Access to Court Electronic Records) system. These are just some of the conclusions drawn from a new detailed study “ Racial Disparities in Economic Espionage Act Prosecutions: A Window into the New Red Scare.” Additionally, jail time for Chinese and Asian defendants is double compared to Western defendants and the Department of Justice (DOJ) is much more likely to publicize alleged “spying” by people with Asian names than alleged “spying” by people with Western names. 21, 2021 (GLOBE NEWSWIRE) - Individuals with Asian or Chinese names are punished twice as severely as defendants with more Western names in charges under the Economic Espionage Act (EEA), and 1 in 3 Asian Americans accused of espionage may have been falsely accused.
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