A criminal complaint was unsealed today in federal court in Brooklyn charging two intelligence officers of the People’s Republic of China (PRC) with attempting to obstruct a criminal prosecution in the Eastern District of New York. The defendants remain wanted.
According to court documents, Guochun He, also known as “Dong He” and “Jacky He”, and Zheng Wang, also known as “Zen Wang”, allegedly orchestrated a scheme to steal files and other information from the Bureau of the US Attorney for the Eastern District of New York in connection with the ongoing federal investigation and prosecution of a global telecommunications company (Company-1) based in the PRC, involving the payment of approximately $61,000 in Bitcoin bribes to a government employee American who the defendants believed was recruited to work for the PRC, but who was actually a double agent working on behalf of the Federal Bureau of Investigation (FBI).
Breon Peace, United States Attorney for the Eastern District of New York; Matthew G. Olsen, Assistant Attorney General for Homeland Security; and Christopher Wray, Director of the FBI, announced the charges.
“Today’s complaint underscores the PRC government’s continued efforts to undermine the rule of law,” said United States Attorney Peace. “As alleged, the case involves an attempt by PRC intelligence officers to obstruct an ongoing criminal prosecution by paying bribes to obtain files from this office and sharing them with a global telecommunications company that is a defendant charged in an ongoing criminal prosecution. We will always act resolutely to combat criminal acts that target our justice system.”
“Far more than an attempt to gather information or intelligence, the actions of the PRC intelligence officers charged in this case must be considered for what they are: an extraordinary intrusion by agents of a foreign government to interfere with the integrity of of the American criminal. justice system, compromise a U.S. government employee and obstruct U.S. law enforcement to benefit a PRC-based commercial enterprise,” said Assistant Attorney General for Homeland Security Matthew G. Olsen. “The Department of Justice will not countenance nation-state actors interfering with US criminal proceedings and investigations, and will not tolerate foreign interference in the fair administration of justice.”
“The FBI’s mission is to protect the American people and uphold the Constitution of the United States — and this case poses a threat to both,” FBI Director Wray said. “By attempting to steal documents from the Eastern District of New York, intelligence officers from the People’s Republic of China threatened not only the proceedings of our criminal justice system, but the very idea of justice. A threat to justice is a threat to the foundation of our free society, and the FBI remains constantly vigilant and committed to protecting the U.S. from these threats.”
Guochun He and Zheng Wang are charged with attempting to obstruct a prosecution of Company-1 in federal district court in the Eastern District of New York. Defendant He is also charged with two counts of money laundering based on bribe payments totaling approximately $61,000 in Bitcoins made in support of the scheme.
According to the complaint, the defendants are PRC intelligence officers who conduct foreign intelligence operations targeting the United States, on behalf of the PRC government and for the benefit of Company-1. Beginning in 2019, they directed an employee at a US government law enforcement agency (GE-1), whom they believed they had recruited as an asset, to steal confidential information related to the Company’s prosecution -1 in order to interfere with that pursuit. In fact, GE-1 was working as a double agent on behalf of the FBI.
In September 2021, the defendants ordered GE-1 to report on meetings GE-1 allegedly had with prosecutors in Brooklyn to the US Attorney’s Office for the Eastern District of New York. In written communications, the defendants said they were particularly interested in knowing which Company-1 employees had been interviewed by the government and in receiving an outline of the prosecutors’ evidence, witness list and trial strategy.
In October 2021, GE-1 used an encrypted messaging program to send defendants a single page from an alleged internal strategy memo from the US Attorney’s Office for the Eastern District of New York related to the Company-1 case. The document appeared to be classified as “SECRET” and to discuss a plan to charge and arrest two current Company-1 employees living in the PRC.[1] Guochun He responded that the document was “exactly what I’m expecting” and that he was “waiting for feedback from some guys” if he had any questions about the document. Guochun He then paid GE-1 approximately $41,000 in Bitcoin for the theft of that document.
GE-1 also asked the defendants for any feedback regarding the “SECRET” document. In November 2021, Guochun Ai stated that “[Company-1] He hasn’t given me concrete feedback yet, but they’re definitely interested in it, and my boss and they need further information.” Guochun Ai further told GE-1 that “[Company-1] will obviously be interested” in GE-1 stealing another part of the strategy memo and “maybe offer more” for that information. In December 2021, in response to a further request from GE-1 for feedback or guidance from Company-1 regarding “what they want me to get”, Guochun He explained that “they have not yet given me any positive feedback and asked to communicate with you directly.” Guochun He said he declined Company-1’s request to speak directly to GE-1 because “it’s too dangerous.”
More recently, at the end of September 2022, Guochun He told GE-1 that he intended to provide GE-1 with an additional payment in Bitcoin for the information GE-1 had provided because “Guochun He’s organization” already has determined to give you a good reward.” Guochun Ai then, in October 2022, paid GE-1 approximately $20,000 in Bitcoin.
The charges in the complaint are allegations, and defendants are presumed innocent unless and until proven guilty. If convicted, Guochun He faces up to 60 years in prison and Wang up to 20 years in prison.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Alexander A. Solomon and Meredith A. Arfa and Trial Attorney Scott A. Claffee of the Homeland Security Division’s Counterintelligence and Export Control Section are in charge of the prosecution.
Defendants:
Guochun HE, also known as “DONG HE” or “JACKY HE”
Age: 45
THE PEOPLE’S REPUBLIC OF CHINA
EDNY Document No. 22-MJ-1137
ZHENG WANG, also known as “ZEN WANG”
Age: 37
THE PEOPLE’S REPUBLIC OF CHINA
EDNY Document No. 22-MJ-1137
[1] The documents described in the complaint were prepared by the government for investigative purposes and were not taken from any actual documents related to the prosecution of Company-1 nor were they classified as “SECRET.” Moreover, the information in the complaint that GE-1 was provided to the defendants was as follows do not accurately recount meetings, communications, or other strategies related to Company-1’s prosecution.
