New York – After the federal criminal case against Sun Wen, former deputy chief of staff to Gov. Hochu, and her husband Hu Xiao was declared mistrial in December, a pre-trial status conference was held on January 28 to discuss issues surrounding the retrial schedule and the defense funding crisis caused by the freezing of the defendants’ assets.
At the conference, the defense requested the court to order the government to unfreeze the assets of Sun Wen and Hu Xiao to pay outstanding legal fees and support future defense efforts. However, presiding Judge Brian Cogan refused to compel the government to release the assets.
The defense lawyers pointed out in court that they have not yet received the legal fees from the previous trial and will submit a written motion to the judge requesting the assets be unfrozen again. The judge stated that if the defense can provide more evidence proving that the defendants have “no other source of funds,” the court is willing to reconsider related motions. He also expressed his desire for Sun Wen to retain her existing legal team as they have a deep understanding of the case.
Regarding the retrial schedule, Judge Cogan mentioned that he does not want to schedule the retrial for November or December as the Thanksgiving and Christmas holidays would interrupt the legal proceedings. After both prosecution and defense agreed, the court ultimately scheduled the retrial for January 18, 2027.
Previously, Hu Xiao’s lawyer, Seth DuCharme, sent a letter to the court on January 20, warning that if the retrial is not postponed until around November 2026, the current legal team will request to withdraw representation at the meeting. The letter outlined three main reasons: most of the defendant’s assets are frozen, financial difficulties, and high costs for the defense team; both parties are still in plea negotiations trying to avoid the retrial; and if the financial issues are not resolved, a new lawyer taking over would need sufficient time to familiarize themselves with the case.
The prosecution responded on January 23, stating that since the mistrial, both sides have been “sincerely” engaged in plea negotiations and officially offered a plea agreement to Sun Wen and her husband on January 22, with the deadline set for February 2. Considering the ongoing negotiations and the possibility of the defendants needing to change lawyers, the government does not oppose delaying the retrial and remains flexible on the specific date.
During the meeting on January 28, the defense emphasized that the government has frozen all major assets of the defendants without directly linking these assets to criminal activities, leaving the defendants unable to afford legal fees, and the two law firms unable to continue with the defense work. The lawyers expressed the hope that the government would agree to release some assets.
In response, Judge Cogan stated that if the defense wishes to reassert the so-called “Monsanto motion” (requesting the release of assets to pay for the defense fees), the court needs to see more concrete evidence proving that the defendants indeed have no other available source of funds.
Hu Xiao’s lawyer, Nicole Boeckmann, added that the government has frozen assets including properties in Forest Hills, Long Island, and Hawaii, all vehicles, as well as cash and bank deposits, totaling over $8 million, which not only impacts the defendants’ livelihood but also substantially hinders their ability to mount an effective defense.
In light of this, Judge Cogan expressed his hope to find a way for the current lawyers to continue participating in the next trial. If the defense can provide more evidence to support the necessity of unfreezing assets, the court is willing to reconsider related requests.