Court Overturns Conviction in China Espionage Crackdown Case

The U.S. appeals court has overturned the conviction of Feng "Franklin" Tao, a former University of Kansas professor, for making a false statement related to his work in China. The ruling marks a setback for the Department of Justice's efforts under the 'China Initiative' to counter Chinese influence in U.S. academia.

The U.S. appeals court on Thursday overturned the conviction of Feng "Franklin" Tao, a former University of Kansas professor, for making a false statement about his work in China. This ruling marks a significant setback for the Department of Justice's 'China Initiative,' which aimed to curb Chinese influence in American academia during the Trump administration.

The Denver-based 10th U.S. Circuit Court of Appeals ruled 2-1 that prosecutors failed to provide sufficient evidence to support Tao's conviction on the charge. Peter Zeidenberg, Tao's attorney, criticized the prosecution as misguided and without evidence of espionage. He noted that the case had financially devastated Tao's family and resulted in his termination from the university.

Launched in 2018, the 'China Initiative' sought to counter suspected Chinese economic espionage and research theft. However, the Justice Department ended the initiative in 2022 due to multiple failed prosecutions and allegations of bias. Despite the court's decision, the department intends to continue pursuing national security threats posed by China.

Tao was initially indicted in 2019 for allegedly hiding his affiliation with Fuzhou University in China from his employer and funding agencies. Convicted on four counts in April 2022, three were later overturned. The appeals court found that Tao's remaining false statement did not influence funding decisions by the U.S. Department of Energy and the National Science Foundation, thus failing the materiality test.