Court of Appeals affirms conviction, prison sentence for Chinese government intelligence officer who committed espionage crimes involving local company

CINCINNATI – The Sixth Circuit Court of Appeals has affirmed the conviction and 20-year sentence imposed against the first Chinese government intelligence officer ever to be extradited to the United States to stand trial.

Yanjun Xu was convicted by a federal jury in Cincinnati in November 2021 on all counts: conspiracy to commit economic espionage, conspiracy to commit trade secret theft, attempted economic espionage and attempted trade secret theft. He was sentenced in November 2022 to 20 years in prison.

“A jury declared at the end of Xu’s trial that the government had proven him guilty beyond a reasonable doubt and he was sentenced to 20 years in prison. Now, the appellate court has upheld those decisions,” said U.S. Attorney Kenneth L. Parker. “This office will continue to pursue justice at every stage of a case.”

The government proved beyond a reasonable doubt at trial that Xu targeted American aviation companies, recruited employees to travel to China, and solicited their proprietary information, all on behalf of China. Xu was a career intelligence officer, beginning in 2003 and rising to the rank of deputy division director at the Chinese Ministry of State Security (MSS), the intelligence and security agency for China.

On appeal, Xu claimed that the District Court should have granted his motion to dismiss the indictment, that that the District Court erred in allowing expert testimony related to his intent to obtain trade secrets, and that the Court improperly calculated his sentencing guidelines.

The Sixth Circuit Court of Appeals rejected Xu’s arguments and affirmed the District Court’s judgment, upholding Xu’s conviction and 20-year prison sentence.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Matthew G. Olsen, Assistant Attorney General of the Department of Justice’s National Security Division; and Elena Iatarola, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; announced the appellate decision.

Assistant United States Attorney Kevin Koller represented the United States on appeal. The case was prosecuted by Assistant United States Attorney Timothy S. Mangan, Deputy Criminal Chief Emily N. Glatfelter, and Trial Attorney Matthew J. McKenzie from the Department of Justice’s Counterintelligence and Export Control Section.

U.S. Attorney Parker commended the integral cooperation of GE Aviation throughout the investigation and subsequent prosecution, as well as the DOJ Office of International Affairs and the U.S. Attorney’s Offices for the Northern District of Illinois and the District of Arizona.

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