Case 1:20-cr-10015-DJC Document 41 Filed 01/21/20 Page 1 of 6
`Case 1:20-cr-10015-DJC Document 41 Filed 01/21/20 Page 1 of 6
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF MASSACHUSETTS
`
`Criminal Nobifle fl/fla/xj-T
`
`Violations:
`
`Count One: Smuggling Goods From
`the United States
`
`(18 U.S.C. § 554)
`
`Count Two: False Statements
`
`(18 U.S.C. § 1001(a)(2))
`
`)
`
`) )
`
`) )
`
`)
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`) ) )
`
`UNITED STATES OF AMERICA
`
`v.
`
`ZAOSONG ZHENG,
`
`Defendant
`
`INDICTMENT
`
`W:
`
`A.
`
`The Defendant
`
`l.
`
`ZAOSONG ZHENG (“ZHENG”) is a Chinese national who entered the United
`
`States through the J-1 non-immigrant visa program (“J-l”) on or about August 8, 2018.
`
`ZHENG’S J —l visa application was sponsored by Harvard University and granted by the State
`
`Department on or about July 17, 2018. While in the United States, ZHENG received a stipend
`
`of approximately $2,000 per month from the Chinese Scholarship Council. The Chinese
`
`Scholarship Council (“CSC") was established in 1996 as a non-profit institution affiliated with
`
`the PRC’s Ministry of Education. The CSC is responsible for the enrollment and administration
`
`of Chinese Government Scholarship programs and provides funding for both undergraduate and
`
`graduate students, as well as post-doctoral visiting scholars, to Chinese citizens wishing to study
`
`abroad and to foreign citizens wishing to study in China. CSC is financed mainly by the state’s
`
`special appropriations or scholarship programs.
`
`2.
`
`ZHENG obtained medical degrees while living in the People’s Republic of China
`
`1
`
`
`Case 1:20-cr-10015-DJC Document 41 Filed 01/21/20 Page 1 of 6
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF MASSACHUSETTS
`
`Criminal Nobifle fl/fla/xj-T
`
`Violations:
`
`Count One: Smuggling Goods From
`the United States
`
`(18 U.S.C. § 554)
`
`Count Two: False Statements
`
`(18 U.S.C. § 1001(a)(2))
`
`)
`
`) )
`
`) )
`
`)
`
`) ) )
`
`UNITED STATES OF AMERICA
`
`v.
`
`ZAOSONG ZHENG,
`
`Defendant
`
`INDICTMENT
`
`W:
`
`A.
`
`The Defendant
`
`l.
`
`ZAOSONG ZHENG (“ZHENG”) is a Chinese national who entered the United
`
`States through the J-1 non-immigrant visa program (“J-l”) on or about August 8, 2018.
`
`ZHENG’S J —l visa application was sponsored by Harvard University and granted by the State
`
`Department on or about July 17, 2018. While in the United States, ZHENG received a stipend
`
`of approximately $2,000 per month from the Chinese Scholarship Council. The Chinese
`
`Scholarship Council (“CSC") was established in 1996 as a non-profit institution affiliated with
`
`the PRC’s Ministry of Education. The CSC is responsible for the enrollment and administration
`
`of Chinese Government Scholarship programs and provides funding for both undergraduate and
`
`graduate students, as well as post-doctoral visiting scholars, to Chinese citizens wishing to study
`
`abroad and to foreign citizens wishing to study in China. CSC is financed mainly by the state’s
`
`special appropriations or scholarship programs.
`
`2.
`
`ZHENG obtained medical degrees while living in the People’s Republic of China
`
`1
`
`
`
`Case 1:20-cr-10015-DJC Document 41 Filed 01/21/20 Page 2 of 6
`Case 1:20-cr-10015-DJC Document 41 Filed 01/21/20 Page 2 of 6
`
`(“PRC”). From in or about August 2018, and continuing until in or about December 2019,
`
`ZHENG conducted research in the area ofbiomedical sciences, specifically in cancer pathology,
`
`at the Beth Israel Deaconess Medical Center (“BIDMC”).
`
`B.
`
`4.
`
`Bethlsrael Deaconess Medical Center and Wenyi Wei Laboratory
`
`BIDMC is a teaching hospital and medical research facility of Harvard Medical
`
`School located in Boston, Massachusetts. BIDMC has numerous laboratories, including the
`
`Wenyi Wei laboratory. The focus of the Wei Laboratory is the study of cancer cells.
`
`D.
`
`5.
`
`ZHENG Smuggles Vials Containing Biological Research and Specimens
`
`Between on or about September 4, 2018, and on or about December 9, 2019,
`
`ZHENG worked at Wei’s laboratory at BIDMC on cancer-cell research.
`
`6.
`
`On or about Monday, December 9, 2019, ZHENG went to Boston Logan
`
`International Airport and attempted to leave the United States bound for Beijing, China on
`
`Hainan Airlines (HU) flight 482 with vials of biological materials and research he had stolen
`
`from Wei’s laboratory.
`
`7.
`
`Before ZHENG boarded HU flight 482, Customs andBorder Protection (“CBP”)
`
`officers located two checked bags in ZHENG’s name and examined them. They discovered 21
`
`vials wrapped in plastic and hidden in a sock. The vials were visually inspected and appeared to
`
`contain liquid. The officers suspected that the contents were biological in nature. As indicated
`
`below, the vials have been tested and analyzed and the results of this testing confirmed that the
`
`vials contained Deoxyribonucleic Acid (“DNA”), and therefore constitute biological specimens.
`
`Accordingly, ZHENG was required to package the vials in a heat sealed bag and label them with
`’9
`
`the words “[s]cientific research specimens, 49 CFR 173.4b applies.
`
`The vials were not
`
`
`
`Case 1:20-cr-10015-DJC Document 41 Filed 01/21/20 Page 3 of 6
`Case 1:20-cr-10015—DJC Document 41 Filed 01/21/20 Page 3 of 6
`
`properly packaged or declared in accordance with US. transportation regulations.
`
`8.
`
`CBP officers identified ZHENG and approached him before he boarded HU flight
`
`482. CBP officers asked ZHENG multiple times ifhe was traveling with-any biological items
`
`or research material in either his carry-on or checked luggage. ZHENG replied “no.” ZHENG
`
`was then removed from the jetway and escorted to the baggage secondary area, where he
`
`acknowledged his ownership of the checked baggage containing the 21 vials.
`
`E.
`
`9.
`
`ZHENG Admits He Stole Biological Research from BIDMC
`
`On or about December 10, 2019, ZHENG returned to Logan Airport to board a
`
`flight destined for the PRC. When ZHENG arrived at the airport, he was met by Special Agents
`
`of the Federal Bureau of Investigation. With the aid of a Mandarin linguist, ZHENG was
`
`advised of his Miranda rights, which he waived, and was then interviewed. ZHENG explained
`
`that he worked at a laboratory at BIDMC, conducting research related to cancer. ZHENG
`
`admitted that he had stolen biological specimens from BIDMC and that he was planning to take
`
`the specimens to China so that he could conduct further research on the specimens in his own
`
`laboratory and publish the results under his own name.
`
`10.
`
`on or about December 10, 2019, the vials found in ZHENG’s luggage were sent
`
`to a government laboratory for testing On or about January 17, 2020, the government received
`
`confirmation from the laboratory that the material in the vials contained DNA, and therefore
`
`constituted biological specimens for the purpose of Title 49, United State Code, Section 173.4b.
`
`11.
`
`I
`
`49 C.F.R. § 173 sets forth the regulations for travel with hazardous materials. 49
`
`CPR. § 173.4b regulates air travel with non-infectious biological specimens.
`
`In relevant part,
`
`it provides that:
`
`
`
`Case 1:20-cr-10015-DJC Document 41 Filed 01/21/20 Page 4 of 6
`Case 1:20-cr-10015—DJC Document 41 Filed 01/21/20 Page 4 of 6
`
`Non-infectious specimens, such as specimens of mammals, birds, amphibians, reptiles,
`fish, insects and other invertebrates .
`.
`. are not subject to the requirements of this
`subchapter1 provided the following packaging, marking and documentation provisions,
`as applicable, are met:
`.
`.
`(1) The specimens are .
`(ii) Placed in vials or other rigid containers with no more than 30 mL of alcohol or
`alcohol solution. The containers are placed in a plastic bag that is heat-sealed;
`(2) The bagged specimens are placed in another plastic bag with sufficient absorbent
`material to absorb the entire liquid contents inside the primary receptacle. The outer
`plastic bag is then heat-sealed .
`.
`. and
`(5) The outer package must be legibly marked “Scientific research specimens, 49 CFR
`173 .4b applies.”
`
`QQULONE
`Smuggling Goods From the United States
`(18 U.S.C. § 554)
`
`The Grand Jury charges:
`
`12.
`
`The allegations contained in paragraphs 1-11 are hereby re—alleged and
`
`incorporated by reference as if fully set forth herein.
`
`13.
`
`On or about December 9, 2019, in the District of Massachusetts, the defendant,
`
`ZAOSONG ZHENG,
`
`did fraudulently and knowingly export and send, and attempt to export and send, from the United
`States, merchandise, articles, and objects, to wit: biological specimens, contrary to the laws and
`
`regulations of the United States, specifically, 49 CFR. § 173.4b.
`
`All in violation of Title 18, United States Code, Section 554.
`
`' Those requirements set forth further regulations that govern the transportation of
`hazardous materials including infectious biological specimens.
`4
`
`
`
`Case 1:20-cr-10015-DJC Document 41 Filed 01/21/20 Page 5 of 6
`Case 1:20-cr-10015-DJC Document 41 Filed 01/21/20 Page 5 of 6
`
`COUNT TWO
`
`False Statements
`
`(18 U.S.C. § 1001(a)(2))
`
`The Grand Jury further charges:
`
`14.
`
`The allegations contained in paragraphs 1-11 are hereby re-alleged and
`
`incorporated by reference as if fully set forth herein.
`
`15.
`
`On or about December 9, 2019, in the District of Massachusetts, the defendant,
`
`ZAOSONG ZHENG,
`
`knowingly and willfully made a materially false, fictitious and fraudulent statement and
`
`representation in a matter within the jurisdiction of the executive branch of the Government of
`
`the United States, that is, when asked by Customs and Border Protection officers whether he was
`
`traveling with any biological items or research material, he answered “no,” when in fact he had
`
`hidden 21 vials containing biological specimens in his luggage.
`
`All in violation of Title 18, United States Code, Section 1001(a)(2).
`
`
`
`Case 1:20-cr-10015-DJC Document 41 Filed 01/21/20 Page 6 of 6
`Case 1:20-cr-10015-DJC Document 41 Filed 01/21/20 Page 6 of 6
`
`A TRUE BILL
`
`RERN
`
`
`DISTRICT OF MASSACHI/l. TTS
`
`
`District of Massachusetts: January 21, 2020
`Returned into the District Court by the Grand Jurors and fi
`
`
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