On December 22nd, New York State Governor Hochul’s former deputy chief of staff Sun Wen and her husband Hu Xiao’s federal criminal case led by Judge Cogan formally declared a mistrial. This decision came after the jury failed to reach a unanimous decision on any of the charges after numerous deliberations.
In the morning, with a new alternate juror joining, the jury reconvened for deliberations. By the afternoon, the jury submitted a written statement to the court, stating, “After multiple deliberations and re-deliberations, the jury still could not reach a unanimous decision. The jurors are steadfast in their positions.”
Judge Cogan then summoned the jury and directly questioned the jury foreperson on whether there was a consensus on any of the charges. The foreperson replied that the jury had discrepancies on all 19 charges and could not reach a unanimous decision on any of them. Based on this, the judge announced a mistrial for the case.
Assistant U.S. Attorney Solomon stated in court that the government side hopes to proceed with a retrial of Sun Wen “as soon as possible.” The court subsequently scheduled a pre-trial conference for January 26, 2026.
Jury selection for this case began on November 10th and the trial lasted about a month. The prosecution summoned 41 witnesses, the defense called 8 witnesses, and an additional prosecution rebuttal witness testified.
Starting from December 12th, the jury deliberated, and due to juror illnesses and scheduling conflicts, there were at least three changes in the jury, requiring a restart of deliberations each time. During the deliberation period, the jury submitted three written notes to the court, reflecting significant internal disagreements, ultimately leading to a deadlock.
Sun Wen had served in the New York State government for 14 years, holding key positions in the administrations of former Governor Cuomo and current Governor Hochul. The prosecution accused her of acting as an “undeclared agent” for the Chinese Communist Party during her tenure, using her authority to influence New York State policies and profiting significantly for her husband during the pandemic.
Court evidence showed Sun Wen had close relationships with several Chinese diplomats in the U.S. and referred to the Consul General Huang Ping as a “personal friend.” When questioned by state investigators about publicly displaying a commendation from the governor at a Chinese consulate New Year event, Sun Wen explained it as attending due to her “personal friendship with Huang Ping, so my whole family went there.”
The New York Department of Labor dismissed Sun Wen in March 2023, but according to court evidence, she remained in contact with Huang Ping. In February 2024, Sun Wen messaged Huang Ping requesting a call for “personal matters” and later thanked him for sending Chinese food, describing it as making her family’s Chinese New Year dinner “very plentiful.”
Additionally, between 2018 and 2019, Sun Wen frequented official Chinese events as a member of non-governmental organizations, including attending the 70th-anniversary celebrations of the Chinese Communist Party’s rule. FBI agent Igo testified that many diaspora leaders hold various titles within the Chinese government system, such as overseas commissioners or youth committee members. Sun Wen responded to him at the time, saying, “Everyone has a title, which helps in getting invitations to Chinese government events.”
The most contentious aspect of the case centered around the procurement of personal protective equipment (PPE) during the pandemic. The prosecution alleged that Sun Wen used her role in the state’s pandemic task force to promote contracts for businesses connected to her husband Hu and received kickbacks from these transactions.
A digital spreadsheet found among Hu’s belongings was characterized by the prosecution as the “most incriminating document,” detailing anticipated profits related to New York State’s mask and glove contracts. The defense countered by stating that “she acquired valuable pandemic supplies when needed by the citizens of New York City,” emphasizing that there was no evidence showing Sun Wen acted against New York State’s interests or obeyed the Chinese government.
With the declaration of mistrial, Sun Wen temporarily avoids an immediate conviction but hasn’t been acquitted. The prosecution has explicitly stated they will retry the case, indicating that legal and political disputes surrounding Chinese influence, the Chinese-American community, pandemic profits, and U.S.-China relations will continue to simmer.
Earlier, the defense successfully blocked certain evidence from being presented in court, including surveillance footage of former president of the Henan Association Zhang Fuyin being questioned by the FBI at JFK Airport and parts of conversations between Sun Wen and her husband. The future direction of the case will depend on whether the prosecution adjusts its litigation strategy and if a new jury can reach a unanimous decision amidst highly complex, politically sensitive evidence.