Prosecution Plans to Add Charges of Financial Fraud Against Sun Wen as Hearing on Case Status Continues

Former Deputy Chief of Staff to the Governor of New York, Linda Sun, was accused of being an agent for the Chinese Communist Party. A status hearing was held at the Eastern District Federal Court in New York on the afternoon of the 25th. As Sun and her lawyers entered the courtroom, a group of democracy activists outside unexpectedly shouted “Salted Duck, Salted Duck,” and even arranged for a chef in white to carry a plate of salted duck towards her. Sun appeared surprised, pursing her lips with a mixture of laughter and tears as she entered the courtroom.

Sun and her husband, Chris Hu, were both arrested on the 3rd of this month. Sun is accused of using her position to benefit the Chinese government, including meddling in Taiwan and Xinjiang issues, and receiving millions of dollars in kickbacks. Additionally, she received a series of Nanjing-style salted ducks and other favors specially delivered to her parents’ house by Consul General Huang Ping of the Chinese consulate.

Sun is charged with violating the Foreign Agents Registration Act, visa fraud, assisting four illegal immigrants to enter the country, and conspiring to commit money laundering, while Hu is accused of involvement in bank fraud conspiracy, misuse of identity information, and conspiring to launder money.

During the hearing yesterday, the court mainly discussed two issues. Firstly, Sun’s lawyer requested a modification to her bail conditions to allow her to randomly encounter consulate officials; secondly, Hu’s counsel argued that his case was not complex and demanded the right to a speedy trial to resume his normal life and continue supporting his family.

However, the prosecution has requested that this case be classified as complex due to Hu’s operation of multiple shell companies and over 80 accounts. Materials relating to financial investigations have been subpoenaed as part of the case. The prosecution also stated that they anticipate strengthening the financial fraud charges against Hu in the coming weeks.

Judge Cogan believed that simply combining the cases of these two individuals makes it complex. The indictment with over 60 pages is already complex, involving international politics and a significant amount of Chinese evidence requiring translation, including WeChat conversations, voice recordings, and multiple iCloud accounts. Furthermore, the case also involves the Classified Information Procedures Act, largely pertaining to handling confidential information.

“I believe this is a complex case,” Judge Cogan said.

Ultimately, the judge denied Hu’s motion. Evidence disclosed so far includes various financial records, data from the New York State Comptroller’s Office, bank records, records from the New York State Administrative Council, information from the New York State Ethics and Government Practices Commission, records from the New York State Department of Labor, as well as search warrants for properties, equipment, and safes. Additionally, winery business records identified in the indictment are also part of the evidence scope.

As for expert witnesses, it is expected that an expert will testify in court, delving into the structure of the Chinese government, including its intelligence agencies, united front departments, Communist Party organizations, their interrelations, operations in the United States, and interactions with local Chinese community organizations.

Defendants are required to submit copies of statements and provide a planned summary of the testimony to be used as evidence. This summary should describe the witness’s perspective, basis and reasons for the viewpoint, as well as the witness’s qualifications. Furthermore, defendants are requested to provide the names and addresses of the witnesses the defense will rely on in any such notifications.