On Tuesday, former deputy chief of staff to New York Governor Hochul, Sun Wen, and her husband Hu Xiao were arrested. Prosecutors have charged Sun Wen with violating the Foreign Agents Registration Act, acting on behalf of the Chinese Communist Party, visa fraud, conspiracy to smuggle foreigners, and money laundering. Hu Xiao is charged with conspiracy to commit money laundering, conspiracy to commit bank fraud, and misuse of identity. They are prohibited from contacting the Chinese consulate and its delegations during the trial.
The 65-page indictment provides many details of the case.
In September 2019, CC-1 (president of the Henan Association) arranged for Sun Wen to attend a meeting in China. During a dialogue on September 16, CC-1 instructed Sun Wen to send an invitation letter to the Henan provincial delegation and discussed her itinerary in China, including the arrival date, CC-2’s arrival time in Beijing, and participation in China’s military parade.
Sun Wen traveled to Beijing on September 26 and returned to the U.S. around October 17 via South Korea. CC-2 (president of the Chinese Overseas Business Association) was responsible for paying for her accommodation and travel arrangements in China. During her visit coinciding with the 70th anniversary celebrations of the CCP in Beijing, Sun attended some events without disclosing the accommodations and event tickets to the New York state government, as required by ethics regulations.
Photos related to this trip were found in Sun Wen’s electronic accounts, including invitations from Chinese government organizations. One of the invitations was titled “Celebrating the 70th Anniversary of China’s Establishment” held at the Great Hall of the People in Beijing on September 28, 2019, organized by various Chinese government offices. Another invitation was for a Diaoyu Islands reception also organized by Chinese government entities.
According to Sun Wen’s registration on August 15 that year, she claimed to be the Chair of the Youth Committee of the Chinese Overseas Business Association and listed her position as Deputy Chief of Diversity for the State of New York. Correspondence and photos confirmed her participation in Beijing’s 70th-anniversary celebrations.
On September 29, CC-1 informed Sun Wen that she had been appointed as a member of the Chinese Overseas Association and directed her to fill out a registration form to attend a meeting. When Sun failed to prepare on time, she asked CC-1 for assistance. On October 29, CC-2 wrote to the Chinese Overseas Association claiming that Sun Wen was the Chair of their Youth Committee. Sun did not disclose her positions within the Chinese Overseas Association or CC-2’s organization to the New York state, violating ethics regulations.
Upon returning from China, Sun Wen was interviewed by the FBI on July 15, 2020. She stated that her job involved liaising with Governor Cuomo and the Asian community, especially handling matters related to China and Taiwan. She admitted to having conversations with Consul General Huang Ping and another consulate official but claimed the frequency did not exceed once a week.
When shown photos of her at the CCP’s 70th-anniversary celebrations, Sun explained that she was in China for “family visits” and was provided with tickets by a real estate developer from Long Island. However, evidence suggested that CC-1 and CC-2 arranged the trip and accommodations for her.
Sun Wen, Hu Xiao, and their family received numerous gifts and benefits from CC-1, CC-2, and provincial-level Chinese governments, including:
– Assisting Hu in his business activities in China
– Payments made by the Henan provincial government and related organizations for Sun Wen’s trips to China, including a trip in March 2017
– Expenses covered by the Jiangsu provincial government for Sun Wen’s trip in 2018
– Job arrangements for Sun’s cousin
Sun Wen never reported these gifts to the New York state government in her annual financial disclosures, despite receiving ethics training and being required to disclose such benefits. She also received undisclosed gifts from other Chinese representatives, including tickets for performances and sporting events.
For example, in July 2021, six Nanjing saltwater ducks cooked by Consul General Huang Ping’s private chef were delivered to Sun Wen’s parents’ home. Approximately four months later, another six ducks were sent, and this pattern continued over the following months.
On February 8, 2023, Sun Wen’s family had dinner at Consul General Huang Ping’s residence. On February 14, the New York State Inspector General’s office interviewed Sun Wen, who falsely claimed she was attending Asian community events as a private individual. In mid-January, she presented a commendation to Huang Ping without authorization. Subsequently, in March, the New York State government terminated her employment due to “evidence of misconduct.”
Hu Xiao generated millions of dollars in revenue from his business activities in China, which he used to purchase real estate and luxury items, including a 2024 Ferrari Roma. Using Sun Wen’s close relations, Hu opened accounts in the U.S. to transfer funds from China, obscuring the source of the funds through layered financial operations.
In 2021, Sun Wen and Hu Xiao purchased a $4.05 million property on Long Island and a $2.1 million ocean-view apartment on the 47th floor in Honolulu, Hawaii, both paid for from remittances from China. Hu received multiple transfers totaling over $2.1 million from a business partner’s account in China. However, she did not report these transactions in her financial disclosures.
In 2020, when Sun Wen purchased a new home on Long Island, her relatives expressed concern over how she could afford such an expensive property. Sun replied, “mortgage.”
Despite the purchase of luxury homes and vehicles, the personal and business tax filings of Sun Wen and Hu Xiao show minimal income. Besides a seafood company and a vineyard, it appears that Hu Xiao did not operate other businesses generating significant income. Their tax filings do not align with their extravagant purchases, especially given Hu’s limited business profits.
According to the indictment, Sun Wen was repeatedly reminded that her activities on behalf of the Chinese government and the CCP were illegal.
Since becoming Deputy Chief of Diversity for Cuomo in February 2018, Sun Wen became a mandatory filer, required to complete ethics training regularly and submit annual financial disclosure reports to New York state. However, she never registered as a foreign agent under FARA, despite being aware of this requirement.
During the FBI interview on July 15, 2020, Sun Wen was explicitly informed of FARA’s regulations. She was reminded that activities representing the Chinese government and the CCP were illegal.
Specifically, agents discussed a report from a U.S. think tank highlighting malicious behavior by the Chinese government, such as promoting sympathetic views of their policies while suppressing criticisms or support for Taiwan, using Chinese heritage to advance party goals, and expecting reciprocity for honors, free travel, and accommodations. Finally, representing the Chinese government without registering under FARA could be illegal.
However, thereafter, Sun Wen continued engaging in various influencing activities at the instruction of Chinese officials, such as:
– Taking actions at the request of the Chinese consulate officials to influence New York state government officials and the public on Taiwan policies
– Providing an opportunity for the consulate to draft Governor Hochul’s 2021 Chinese New Year address
– Purchasing commendation awards for Consul General Huang Ping using state resources
Lastly, the government has requested criminal asset forfeiture against the defendants, listing all assets owned by them, including real estate, vehicles, bank accounts, securities accounts, safe deposit boxes, and any other assets traceable to proceeds from criminal activities.
The U.S. government hereby notifies the defendants that upon conviction for the first count (conspiracy to violate the Foreign Agents Registration Act) and second count (failure to register under the Foreign Agents Registration Act), under sections 981(a)(1)(C) of the U.S. Code Title 18 and 2461(c) of Title 28, all assets, whether real or personal, constituting or derived from proceeds of such crimes, will be forfeited.
Sun Wen Arrested (Part One): Facilitating the Suppression of Taiwan by the Chinese Consulate
Sun Wen Arrested (Part Two): From Influencing Governor’s Statements to Forging Signatures
Sun Wen Charged (Part Three): Facilitating Husband’s Business, Promoting Chinese Political Interests
(To be continued)