New York State Governor’s former deputy chief of staff Linda Sun and her husband Chris Hu, are facing allegations of acting as agents for the Chinese Communist Party and selling political influence. The retrial scheduled to begin on January 18 next year could face further delays following uncertainties arising on Monday, October 5. Federal prosecutors filed the fifth superseding indictment on September 2, adding charges of “money laundering conspiracy” against the couple. Sun’s ongoing absence from court due to health issues has led her defense attorney to request withdrawal from the case, making the trial timeline increasingly uncertain.
According to the fifth superseding indictment submitted by the prosecution, existing charges have been maintained while a new charge of “money laundering conspiracy” has been added. The indictment alleges that Sun and Hu received kickbacks during the COVID-19 pandemic period from April 2020 to December 2023 when New York State was procuring protective equipment, and conspired to launder the funds involved through fraudulent wire transfers, federal program bribery, and cross-border fund transfers.
Following the filing of the new indictment, Hu appeared in court on September 10 and pleaded not guilty; however, Sun’s continued absence due to health reasons has led to the postponement of her arraignment to November 4. Federal Judge Brian Cogan, presiding over the case, emphasized during a status conference on Monday, October 5, the importance of verifying Sun’s physical condition and her capacity to undergo trial and initial arraignment. Sun’s defense lawyer Kenneth M. Abell revealed in court that he has been unable to meet with Sun for “some time.”
Judge Cogan instructed the defense to establish contact with Sun or her doctor and to submit a motion within 14 days explaining whether they seek a waiver of the initial arraignment control date for Sun to prevent indefinite delays in the case progress. Cogan stated that if discussing Sun’s health publicly might cause harm, he would consider holding closed-door meetings or even convening a “competency hearing” to determine her ability to stand trial.
Apart from health concerns, the legal representation for the two defendants has also hit roadblocks. Abell, Sun’s defense attorney, officially filed a motion to withdraw from the case on October 1, citing Sun’s inability to afford the costs associated with the retrial and new charges. He suggested appointing a public defender for Sun under the Criminal Justice Act.
Regarding Hu, as he is unable to pay legal fees and plea negotiations with the prosecution have broken down, the court appointed CJA attorney Jeremy Schneider to represent him. Schneider stated in court on Monday that he only took over this complex case involving two defendants and voluminous case files last month, requiring time to review evidence and past trial records, presenting a tight deadline.
Despite successive changes in defense attorneys and the need for preparation time, the prosecution emphasized that plea negotiations have failed and expressed a desire for the case to proceed under the principle of a “speedy trial” to avoid significant delays from the scheduled retrial date of January 18 next year. Judge Cogan acknowledged the uncertainty surrounding the maintenance of the trial date, indicating that it all hinges on Sun’s health condition and the defense’s ability to establish communication with her.