`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 1 of 13
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`UNITED STATES DISTRICT COURT
`
`DISTRICT OF MASSACHUSETTS
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`UNITED STATES OF AMERICA
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`Criminal No. (QOC Y i 00:;- i
`
`YANQING YE,
`
`Defendant
`
`vvvvvvvvvvvvvvvv
`
`Violations:
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`Count One: Visa Fraud
`
`(18 U.S.C.§ 1546)
`
`Count Two: Making False Statements
`(18 U.S.C.§ 1001(a)(2))
`
`Count Three: Acting as an Agent of a
`Foreign Government
`(18 U.S.C. § 951)
`
`Count Four: Conspiracy
`(18 U.S.C. § 371)
`
`IN DICTMENT
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`At all times relevant to this indictment:
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`General Allegations
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`A.
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`The People’s Republic of China and its Military
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`1.
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`The People’s Republic of China (“PRC”) is a “foreign government" as that tenn
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`is defined under 28 CPR. § 73.1(b). The People’s Liberation Army (“PLA”) is the military aim
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`of the Chinese Communist Party (“CCP”) and the armed forces of the PRC. The PLA is
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`composed of six services and support forces: the PLA Army; PLA Navy; PLA Air Force; PLA
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`Rocket Force; PLA Strategic Support Force; and the PLA Joint Logistics Support Force. The
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`Central Military Commission (“CMC”) controls the PLA. The PLA uses three schools (the
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`Academy of Military Science, National Defense University, and National University of Defense
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`Technology) to formulate military strategy, research and advance its military capabilities and
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`
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`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 2 of 13
`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 2 of 13
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`weapons systems, and train its armed forces. Professors at these schools also serve as military
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`officers and leaders of the PLA.
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`2.
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`National University of Defense Technology (“NUDT”) is a top military academy
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`directed by China’s CMC. It was founded in 1953 by the Harbin’s Military Engineering
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`Institute PLA. NUDT is involved in national defense research for the PLA and responsible for
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`modernizing the PRC’s armed forces and designing advanced weapons. NUDT is also
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`responsible for training advanced scientific and engineering personnel, commanding personnel,
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`and senior leadership in the PLA.
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`B.
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`The Defendant and Her Conspirators
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`3.
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`YANQ ING YE (“YE”) is a Chinese national, a female member of the PLA, and
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`member of the CCP. At all times relevant to the Indictment, YE was a Lieutenant in the PLA
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`and was being directed by senior leaders of the PLA while conducting research at Boston
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`University pursuant to a J-l non-immigrant visa.
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`4.
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`Co-conspirator A was, at all relevant times, YE’s supervisor as well as a Colonel
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`in the PLA and full professor at NUDT.
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`5.
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`Co-conspirator B was, at all relevant times, an Assistant Professor in Management
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`Science and Engineering at NUDT and a member of the PLA who according to YE had the rank
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`“of less than Colonel.” YE was aware that Co-conspirator B had worked on military research
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`projects regarding rocket launchers.
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`6.
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`Co—conspirator C was, at all relevant times, an Assistant Professor in NUDT’s
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`College of Information Systems and Management.
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`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 3 of 13
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`C.
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`YE Fraudulently Gained Entgg into the United States
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`7.
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`YE applied for, and obtained a, J-1 non-immigrant visa to conduct research in the
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`Department of Physics, Chemistry, and Biomedical Engineering, Center of Polymer Studies, at
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`Boston University. YE’s research and studies in the United States at Boston University were
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`funded by the Chinese Scholarship Council (“CSC”). The CSC was established in 1996 as a
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`non-profit institution affiliated with the PRC’s Ministry of Education. The CSC is responsible for
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`the enrollment and administration of Chinese Government Scholarship programs and provides
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`funding for both undergraduate and graduate students, as well as post-doctoral visiting scholars,
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`to Chinese citizens wishing to study abroad and to foreign citizens Wishing to study in China.
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`CSC is financed mainly by the state’s special appropriations or scholarship programs.
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`8.
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`On or about August 4, 2017, YE electronically signed her visa application and
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`certified that all of her answers on the form were true and correct when, in fact, she
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`misrepresented her foreign military service to gain entry to the United States. In her visa
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`application, YE described her foreign military service as follows:
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`Name of Country/Region: CHINA
`Branch of Service: CIVIL SERVICE
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`Rank/Position: STUDENT
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`Military Specialty: NUDT [National University of Defense Technology]
`Date of Service
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`From: 01 September 2009
`Date of Service
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`To: 31 July 2017
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`This description was false as YE’s foreign military service did not end on July 31, 2017, as she
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`represented to the US. Government. Nor was her rank only that of a “student” in NUDT. To
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`the contrary, YE was in fact a Lieutenant in the PLA and continued to work as a Lieutenant in
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`
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`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 4 of 13
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`the PLA while studying and conducting research in the United States from in or about October
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`2017 to in or about April 2019. As described below, YE was tasked with numerous assignments
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`from PLA officers while she was in the United States such as conducting research, assessing
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`US. military websites, and sending U.S. documents and information to China, which YE
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`completed by masking her affiliation to the PLA. YE also lied on her visa application when she
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`answered “No” to the question: “Do you seek to engage in espionage, sabotage, export control
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`violations, or any other illegal activity while in the United States?” Based upon YE’s false
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`representations, on or about September 5, 2017, the US. Department of State approved YE’s
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`DS-16O application. On or about October 14, 2017, YE gained entry into the United States using
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`her visa that she knew had been procured through fraud and making false statements, in violation
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`of 18 U.S.C. § 1546.
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`D.
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`YE Makes False Statements to US. Law Enforcement
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`9.
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`On or about April 20, 2019, officers of Customs and Border Protection along with
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`a Special Agent of the FBI conducted an interview of YE at Boston Logan International Airport.
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`During this interview, YE stated, among other things, that Co-conspirator A was her Chinese
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`adviser and a “full professor” at NUDT and he held the military rank of “Colonel.” YE falsely
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`claimed that she had minimal contact with Co-conspirator A, and that Co-conspirator A did not
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`provide much oversight of her research projects. She further falsely denied participating in any
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`of Co—conspirator A’s military projects. Yet, based upon records found on YE’s electronic
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`devices pursuant to a border search, at the instruction of Co-conspirator A, YE had accessed US.
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`military websites, researched US. military projects, and compiled information for the PLA on
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`two US. persons with expertise in robotics and computer science.
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`4
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`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 5 of 13
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`10.
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`During the April 20, 2019 interview, YE also denied having any involvement in
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`Co-conspirator B’s research. YE described Co-conspirator B as an Assistant Professor of NUDT
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`who held a military rank of “less than colonel.” She also claimed that she had no recent
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`communications with him when, in fact, she had numerous WeChat conversations with Co-
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`conspirator B in 2018 and 2019. Indeed, according to a January 2019 WeChat conversation
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`between YE and Co-conspirator B, they were collaborating on a research paper that was focused
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`on a risk assessment model designed to assist the PLA in deciphering data for military
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`applications. On or about April 11, 2019, Co-conspirator B sent YE a message in Chinese that
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`has been translated into English that states: “See if [we can] find projects in risk analysis and
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`policy sponsored by the US military by searching risk + US military directly.” YE also provided
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`Co-conspirator B her Boston University VPN login, including her usemame and password so
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`Co-conspirator B could log into YE’s account.
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`11.
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`Lastly, during this interview, YE stated that she held the rank of Lieutenant in the
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`PLA and admitted she was a member of the CCP. She planned to return to the PRC and
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`complete her PhD at NUDT under the advisement of Co-conspirator A. YE indicated that part of
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`her undergraduate studies at NUDT included classification training and students at NUDT
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`worked on classified projects.
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`E.
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`YE Acted as an Agent of the PRC without Notification to the Attorney General
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`12.
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`In direct violation of the terms of her J-l visa, while in the United States, YE had
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`extensive communications with several senior PLA officers and she continued to work as a PLA
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`Lieutenant. YE was tasked by senior PLA officers, completed those taskings, conducted
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`research on the US. military for the PLA, collaborated with Co-conspirator B on research
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`5
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`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 6 of 13
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`projects that had potential military applications, and lied about her engagement with PLA
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`officers when directly questioned about them. YE acted as an agent for the Chinese government,
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`yet she never notified the Attorney General as required for agents working fora foreign
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`government.
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`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 7 of 13
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`COUNT ONE
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`Visa Fraud
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`(18 U.S.C. § 1546(a))
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`The Grand Jury charges:
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`13.
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`The allegations contained in paragraphs 1-12 are hereby re-alleged and
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`incorporated by reference as if fully set forth herein.
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`14.
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`The conduct alleged in this Count occurred outside the jurisdiction of any
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`particular State or district and within the venue of the United States District Court for the District
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`of Massachusetts, as provided in 18 U.S.C. § 3238.
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`15.
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`On or about August 4, 2017, in the People’s Republic of China, the defendant
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`YANQING YE,
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`did knowingly subscribe as true, under penalty of perjury (28 U.S.C. § 1746), a false statement
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`with respect to a material fact in an application, to wit, in response to the question: “Have you
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`ever served in the military?” on the Form DS—160, Application for Immigrant Visa and Alien
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`Registration, YE responded that she only had attained the rank of “student” at NUDT and her
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`period of service to Chinese military ended on July 31, 2017, which statement the defendant then
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`and there knew was false.
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`All in violation of Title 18, United States Code, Section 1546(a).
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`
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`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 8 of 13
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`COUNT TWO
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`False Statements
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`(18 U.S.C. § 1001)
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`The Grand Jury further charges:
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`16.
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`The allegations contained in paragraphs 1-12 are hereby re-alleged and
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`incorporated by reference as if fully set forth herein.
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`17.
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`On or about April 20, 2019, in the District of Massachusetts, the defendant
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`YANQING YE,
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`in a matter within the jurisdiction of the executive branch of the Government of the United
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`States, did knowingly and willfully make a materially false, fictitious and fraudulent statement
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`and representation, which YE then knew to be false during an interview conducted by CBP
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`officers and a FBI Special Agent.
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`All in violation of Title 18, United States Code, Section 1001(a)(2).
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`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 9 of 13
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`COUNT THREE
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`Acting in the United States as an Illegal Agent of a Foreign Government
`(18 U.S.C. § 951)
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`The Grand Jury further charges:
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`18.
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`The allegations contained in paragraphs 1-12 are hereby re-alleged and
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`incorporated by reference as if fully set forth herein.
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`19.
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`Beginning on a date unknown to the Grand Jury, but no later than in or about
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`October 2017, and continuing until in or about April 2019, in the District of Massachusetts and
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`elsewhere,
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`YANQING YE,
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`defendant herein, did knowingly act in the United States as an agent of a foreign government, to
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`wit: the People’s Republic of China, without prior notification to the Attorney General of the
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`United States as required by law.
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`All in violation of Title 18, United States Code, Section 951(a).
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`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 10 of 13
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`COUNT FOUR
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`Conspiracy
`(18 U.S.C. § 371)
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`The Grand Jury further charges:
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`20.
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`The allegations contained in paragraphs 1-12 are hereby re-alleged and
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`incorporated by reference as if fully set forth herein.
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`21.
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`Beginning on a date unknown to the Grand Jury, but no later than in or about
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`October 2017, and continuing until in or about April 2019, in the District of Massachusetts and
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`elsewhere, the defendant
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`YANQING YE,
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`did knowingly and willfully conspire with others known and unknown to the Grand Jury to
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`commit an offense against the United States, to wit, 18 U.S.C. § 951, that is, to knowingly act in
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`the United States as an agent of a foreign government, the PRC, without prior notification to the
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`Attorney General as required by law, in violation of 18 U.S.C § 371.
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`OVERT ACTS
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`21.
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`In furtherance of the conspiracy, and to effect its objects, the defendant and her
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`co-conspirators committed overt acts, including but not limited to, the following:
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`a.
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`On or about August 4, 2017, YE lied on the Form DS-160, Application for
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`Immigrant Visa and Alien Registration, about her military rank in the PLA, position in the PLA,
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`and the end date of her service. She made these statements to fraudulently obtain a J-l visa so as
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`to gain entry into the United States and operate Within the United States under the direction and
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`control of her senior leaders in the PLA.
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`10
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`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 11 of 13
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`b.
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`On or about March 15, 2018, YE sent instructions to Co-conspirator B in Chinese
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`via WeChat on how to access Boston University’s document database using her Boston
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`University VPN login information (usemame and password) thereby giving Co-Conspirator B
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`the ability to log into Boston University posing as YE.
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`c.
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`Beginning in or about January 2019, Co-conspirator B and YE collaborated on a
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`research paper that was focused on a risk assessment model designed to assist in deciphering
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`data for military applications. As part of this research project, among other things, on or about
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`April 11, 2019, Co-conspirator B advised YE via WeChat: “See if [we can] find projects in risk
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`analysis and policy research sponsored by the US military by searching risk + US military
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`directly.” In response, later on April 11, 2019, YE responded via WeChat that she would
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`conduct this research.
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`(1.
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`On or about April 6, 2019, Co—conspirator A instmcted YE via WeChat to
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`research a US. professor at the Naval Postgraduate School at Monterey, California whose work
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`focused on computer security, digital forensics, and computer and software engineering and
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`prepare a summary of his biography for him. Co-conspirator A advised Ye: “Compile the
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`information into a file, then send it to me please.” YE responded: “Sure Teacher [Co-conspirator
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`A]. Please go to bed now.
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`I will start to work on it immediately.” Approximately, six hours
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`later, YE sent Co-conspirator A three documents: (1) a Word document that she prepared
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`summarizing the professor’s biography; (2) the professor’s curriculum vitae from the school’s
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`website; and (3) a list of his published articles.
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`e.
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`On or about April 11, 2019, Co-conspirator C requested YE via WeChat to
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`download a pdf file from a US. navy website —
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`11
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`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 12 of 13
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`www.public.navy.mil/surfor/Documents/Surface_Forces_Strategy.pdf. YE did as she was
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`instructed and sent Co—Conspirator C this document via WeChat. In response, Co-conspirator C
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`stated: “Now a days, we can’t connect to a link with mil top level domain from China... This is
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`probably American taking precautions against us.” YE agreed with these statements and
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`revealed that when she has been searching for information recently, “sometimes I have to use the
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`IP of the university to enter certain websites.”
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`f.
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`On or about April 15, 2019, Co-conspirator A sent YE requests via WeChat to
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`access the U.S. navy website — www.0nr.navy.mil and “check if it has a list of projects.” Later
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`that same day, Co-conspirator A also requested YE to access the U.S. army website —
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`www.arl.army.mil and review the contents of that website for him.
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`g.
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`On or about April 16, 2019, Co-conspirator A instructed YE via WeChat to
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`conduct research and compile information on a Professor of Electrical and Computer
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`Engineering at University of Texas at San Antonio. This professor’s research focused on system
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`of systems technology and intelligent robotics. As instructed, YE compiled the information Co-
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`conspirator A requested and sent it to Co-conspirator A via WeChat on or about April 16, 2019.
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`All in violation of Title 18, United States Code, Section 371.
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`12
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`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 13 of 13
`Case 1:20-cr-10021-PBS Document 1 Filed 01/28/20 Page 13 of 13
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`A TRUE BILL
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`
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`FOREPERSON OF THE GRAND JURY
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`
`. TEPHANIE SIEGMANN
`
`Assistant United States Attorney
`
`DISTRICT OF MASSACHUSETTS, Boston, MA
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`January 28, 2020
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`'ae Grand Jurors and filed.
`
` .
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`13
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`