Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 1 of 17
`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 1 of 17
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`AFFIDAVIT IN SUPPORT OF APPLICATION FOR CRIMINAL COMPLAINT
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`1, Robert Plumb, being sworn, depose and state as follows:
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`1.
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`I am a Special Agent with the Federal Bureau of Investigation (“FBI”), and have
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`been so employed since June 2016. I am currently assigned to one ofthe FBI’s Counterintelligence
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`Squads in the Boston Field Office. My responsibilities include investigating violations of federal
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`criminal laws relating to espionage and theft of trade secrets, the mishandling of classified and
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`defense information, and export control laws. Previously, I was employed at the FBI as an
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`Intelligence Analyst.
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`I worked in this capacity for six years. I have participated in numerous
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`investigations, during the course of which I have interviewed witnesses, conducted physical
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`surveillance, executed search warrants, and used other investigative techniques to secure relevant
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`information regarding various federal crimes.
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`2.
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`I submit this affidavit in support of a Criminal Complaint charging Dr. Charles
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`Lieber (“LIEBER”) with making materially false, fictitious and fraudulent statements in a matter
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`within thejurisdiction ofthe Executive Branch ofthe United States, in Violation ofTitle 18, United
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`States Code, Section 1001(a)(2). Specifically, based upon the evidence gathered thus far in this
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`ongoing investigation, I have probable cause to believe and do, in fact, believe that LIEBER made
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`materially false, fictitious and fraudulent statements regarding his participation in China’s
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`Thousand Talents Plan to the US. Department of Defense (“DOD”) on or about April 24, 2018. I
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`also have probable cause to believe and do, in fact, believe that, on or about January 10, 2019,
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`LIEBER made and caused to be made a series of materially false, fictitious and fraudulent
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`statements to the National Institutes of Health (“NIH”) about his involvement in the Thousand
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`Talents Plan and his affiliation with Wuhan University of Technology (“WUT”) in China.
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`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 2 of 17
`Case 1:20-mj-02158—MBB Document 1-1 Filed 01/27/20 Page 2 of 17
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`3.
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`Based on the evidence gathered to date, LIEBER was a “Strategic Scientist” at
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`WUT and a contractual participant in China’s Thousand Talents Plan for significant periods
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`between at least 2012 and 2017. The terms of LIEBER’S Thousand Talents contract called for
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`LIEBER to be paid up to $50,000 per month in salary and approximately $150,000 per year for
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`living and personal expenses by WUT. LIEBER was also awarded more than $1.5 million by
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`WUT and the Chinese government to establish a research lab and conduct research at WUT.
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`4.
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`The information in this affidavit is based upon my training and experience, my
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`personal knowledge of this investigation, information conveyed to me by other law enforcement
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`agents and officials who assisted in the investigation, and the other sources of information
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`described herein. This affidavit is submitted for the limited purpose of establishing probable cause
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`to believe that LIEBER has committed the offenses described above. Accordingly, I have not
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`included each and every fact known to me and other law enforcement officers involved in this
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`investigation. I have set forth only those facts that I believe are necessary to establish the requisite
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`probable cause.
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`FA CTS SUPPORTING PROBABLE CA USE
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`Background
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`5.
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`LIEBER is a full-time faculty member and Chair of the Department of Chemistry
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`and Chemical Biology at Harvard University in Cambridge, Massachusetts. He has been affiliated
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`with Harvard since approximately 1991. According to LIEBER’S biography on Harvard’s website,
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`LIEBER’S primary area of expertise and research is nanoscience.
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`6.
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`At all times relevant to this complaint, LIEBER served as the Principal Investigator
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`ofthe Lieber Research Group at Harvard University. According to its website, the Lieber Research
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`Group “is focused broadly on science and technology at the nanoscale, using novel synthesized
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`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 3 of 17
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`. building blocks to push scientific boundaries in diverse areas from biology/medicine to energy and
`computing.” The Lieber Research Group’s website identifies its principal sponsors as NIH and
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`DOD, including the Office of Naval Research (“ONR”) and the Air Force Office of Scientific
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`Research (“AFOSR”). Based upon records maintained by NIH, DoD, and Harvard University, I
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`know that the Lieber Research Group has received more than $15,000,000 in grant funding from
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`NIH and DoD since 2008.
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`7.
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`A component of the United States Department of Health and Human Services, NIH
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`is a government agency responsible for biomedical and public health research. The NIH conducts
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`its own scientific research through an intramural research program, and also provides major
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`biomedical research funding to non-NIH research facilities through an extramural research
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`program. Many of the non-NIH research facilities that receive funding through NIH’s extramural
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`research program are colleges and universities, including Harvard University.
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`8.
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`In order to receive NIH funding, non~NIH research institutions must submit a
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`detailed application describing, among other things: (a) the purpose and scope of the proposed
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`research; (b) the amount of funding requested; and (0) how the funding will be used. Both during
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`the application process and periodically after an award is made, the institution must also disclose
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`to NIH all foreign collaboration and foreign sources of research support, including, but not limited
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`to, research grants, cooperative agreements, contracts and/or institutional awards. Additionally,
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`NIH requires research institutions to identify and disclose to NIH significant (typically greater than
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`$5,000) financial conflicts of interest by investigators (that is, the person or persons responsible
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`for the design, conducting the research, and publishing or reporting the research performed
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`pursuant to the grant), including those related to funds received from a foreign institution ofhigher
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`education or the government of another country. Although it is the research institution itself that
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`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 4 of 17
`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 4 of 17
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`submits the grant application and all other grant—related disclosures to NIH, the individual
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`investigator(s) must certify to the institution and NIH that the information contained in grant
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`applications, post-award submissions and all other grant—related filings is accurate and complete,
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`and also acknowledge that any false, fictitious or fraudulent statements or claims made to NIH
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`may subject the investigator to criminal, civil and/or administrative penalties.
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`9.
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`WUT is a university located in Wuhan, China. It is considered a top-tier Chinese
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`university recognized for its studies of science and technology.
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`10.
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`The “Chinese Talent Programs” refer collectively to various plans designed by the
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`Chinese Government to attract, recruit, and cultivate high-level scientific talent in furtherance of
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`China’s scientific development, economic prosperity, and national security. Implemented in 2008,
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`the “Thousand Talents Plan” is the most prominent Chinese talent recruitment plan designed by
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`the Chinese Government to incentivize individuals engaged in research and development in the
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`United States to transmit the knowledge and research they gain here to China in exchange for
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`salaries, research funding, lab space, honorary titles, and other incentives. The Thousand Talents
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`Plan is designed to lure both Chinese overseas talent and foreign experts to bring their knowledge
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`and experience to China. The so-called “World Recruitment Plan of Renowned Experts in China”
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`is part of the Thousand Talents Plan. The Chinese Talent Programs have rewarded individuals for
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`stealing proprietary information and violating export controls.
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`Lieber’s Affiliation with WUT and China’s Thousand Talents Plan
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`1 1.
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`According to records maintained by Harvard University, LIEBER traveled to WUT
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`in mid-November 2011 ostensibly in order to participate in a Nano—Energy Materials Forum being
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`hosted by WUT.
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`Just days before LIEBER’S trip, a professor at WUT (hereafter the “WUT
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`Professor”) emailed LIEBER a “Contract for Strategic Scientist’s Appointmen ” (hereafter the
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`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 5 of 17
`Case 1:20-mj-02158—MBB Document 1-1 Filed 01/27/20 Page 5 of 17
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`“Strategic Scientist Agreement”).
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`He also informed LIEBER that LIEBER had been
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`recommended for the “The Recruitment Program of Global Experts,” which I know to be part of
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`China’s Thousand Talents Plan. In subsequent communications on or about November 11, 2011,
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`both LIEBER and the WUT Professor acknowledged that LIEBER would Sign the Strategic
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`Scientist Agreement at WUT on November 15, 2011.
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`12.
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`According to the agreement, which was written in both Chinese and English,
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`LIEBER was appointed as a Strategic Scientist at WUT for five years from on or about November
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`15, 2011, until on or about November 14, 2016. LIEBER’S objectives and tasks under the
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`agreement were as follows:
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`postgraduate students {including Mixivrjlmllflrifll students}, Mailing: them in the iiiiwmiitimnal
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`{iii the name of Elfin“! and WUT faculty or students; :15 111:: first limit-:33} m mthiifil’ilng
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`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 6 of 17
`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 6 of 17
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`13.
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`According to the contract, WUT agreed to pay LIEBER $50,000 US. Dollars
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`(“USD”) per month, prorated according to LIEBER’S “actual work time” at WUT. WUT also
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`agreed to provide LIEBER with round-trip, business—class airfare to and from WUT. Finally, the
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`agreement alluded to LIEBER’S future involvement with China’s Thousand Talents Plan, and
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`allowed for seemingly greater monthly compensation to LIEBER in the future:
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`«'1, Dim: Party E gains a 'Cfliincge governmcntmsponsmcd position through successful
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`applirmian far various Chinese talent—related prai-ztsts. Party A shall adjust its; payment tennis
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`is: eat-mire that Party .3 enjaya mere benefits at: the principle- otf’ “taking the higher 13:13:“. but.
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`the same benefit remiss. will not be paid mice.
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`14.
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`LIEBER returned to Massachusetts from WUT on or about November 16, 2011.
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`Two days later, in an email to the WUT Professor, LIEBER wrote, “I very much appreciate the
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`effort that you put into making my visit a good one.
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`I also agree that it would productive, and
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`hope that we can push forward as per discussions to build up the joint laboratory to a truly world-
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`level facility.” Approximately one month later, on or about December 19, 2011, the WUT
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`Professor emailed portions of a proposed website for the “WUT-Harvard Joint Nano Key
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`Laboratory,” which, according to the website, was established in 2009. The website prominently
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`featured LIEBER’S name, photograph and biographical information, and it identified him as the
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`“Laboratory Director.” In his email to LIEBER about the website, the WUT Professor noted that
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`“the Chinese version [of the website] Will be made after your approval for [sic] the English
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`version.”
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`15.
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`On or about April 3, 2012, approximately five months after executing the Strategic
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`Scientist Agreement with WUT, the WUT Professor wrote an email to LIEBER informing him
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`that he had been selected to participate in China’s Thousand Talents Plan. At that time, LIEBER’s
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`selection entailed awards by WUT and the Chinese Government of approximately $158,000 USD
`(
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`6
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`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 7 of 17
`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 7 of 17
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`in “personal benefits” and nearly $800,000 USD in “research funding.” Specifically, the WUT
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`Professor wrote,
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`I am very happy to let you know that, in the World Recruitment
`Plan of renowned experts in China (also called as one thousand plan
`of foreign experts), you have been approved and awarded as invited
`strategic foreign expert by Chinese government because of your
`world—leading achievements,
`the good collaboration basis
`between you and WUT, and your great contribution to national
`academic exchange between China and USA. You are provided
`with personal benefit of one million RMB (~158,800 USD), a
`research funding of 5 million RMB (~794,000 USD)
`for
`development of WUT—Harvard joint nano key lab and collaboration
`research This plan is the highest plan/program for famous foreign
`scientists in Chinese scientific field and only 40 famous experts
`from the world were awarded. (Emphasis original.)
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`16.
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`Nearly three months later, on or about June 27, 2012, the WUT Professor shared
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`with LIEBER a contract titled “Employment Contract of ‘One Thousand Talent’ High Level
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`Foreign Expert” between LIEBER and WUT (hereafter the “Thousand Talents Agreement”). The
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`WUT Professor asked for LIEBER’S “ideas/comments/suggestions” within “one week when your
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`schedule allows (of course, the sooner the better)” The first page of the agreement appeared as
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`follows:
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`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 8 of 17
`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 8 of 17
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`
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`EMPLUYMEHT CONTRACT of
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`“ONE THfiUSAND TALENT“ HIGH LEVEL FQRTTGN EXPERT
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`Charles M Usher t‘rmn Harvard University, USA.
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`17.
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`The Thousand Talents Agreement was effective for three years “from the date of
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`signature.” Among other things, the agreement obligated LIEBER to conduct scientific research;
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`to “publish high—level articles in the renowned and important international academic journals in
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`the name of Wuhan University of Technology;” to assemble a research team With “strong ability
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`of [sic] research and innovation” in LIEBER’S field of expertise; to “guide 1—2 distinguished young
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`scholars and 3-4 doctoral students ... and help them publish systematic articles in the international
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`8
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`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 9 of 17
`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 9 of 17
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`renowned joumalsg” to “organize 1—2 predominant influencing international conferences in his
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`field in the name of Wuhan University of Technology;” and “invite 1-3 international top scientists
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`to work in the lab as visiting scholars.” The agreement also required LIEBER to work at or for
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`WUT “not less than nine months a year” by “declaring international cooperation projects,
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`cultivating young teachers and Ph.D. students, organizing international conference[s], applying for
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`patents and publishing articles in the name of” WUT.
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`18.
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`In exchange for his work for and on behalf of WUT, WUT agreed to pay LIEBER
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`$50,000 USD per month, and living expenses of up to 1,000,000 Chinese Yuan (based on 2012
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`exchange rates, approximately $158,000 USD) to be paid over the three—year term of the contract.
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`The contract also allocated 11,000,000 Chinese Yuan (or roughly $1.74 million USD based on
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`2012 exchange rates) for the joint Harvard-WUT Nano Key Lab and related research. The
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`following portion of the contract documented those financial terms. WUT is referred to as “Party
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`A,” while LIEBER is referred to as “Party B.”
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`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 10 of 17
`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 10 of 17
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`{‘1'}, Party it shall respect Party B‘s legal rights
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`{2}, Party it shall ptm'ide Party B with necesaaty writhing anti living ciiuilitimis
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`a. wmking and lab candititms: Party A shall prm'idc Party B with working and lab
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`cmtdltions according t0 PattyB’s requirement
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`11 scientific research funding: Party it shall provide Party B ten million ChinESE Yuan
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`(Illflfllmflfi RMB} including live million 1111le [Yum national fund during the term 01‘
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`to the CUIIEIFLLCUQD of new :liresclimi and itimisi'ructure catasttuctimt,
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`equipmattis and instmments: purchasing. This: amount {if mtinray shall he managed by
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`Party A3 and Party B can use it after discussing with the w—prcxfcsear from Party Al
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`(2. talent team mastmclicm canditiun: Party A shall mustmct 1:115:11! team according in
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`Party B’s requirement and provide one million Chinese. Yuan ( Lllflflflllfl RME] as the
`
`funds of talent team construction each year. The funds shall be mainly [13313 as the
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`payment, accmnmndatinn, and travel cxpcnsc at" Party 8 and the team mcmhcm. This
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`amuunl {if Im‘mcy 51131th managed by Party Al and Party B can use it.
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`d, payment and living conditicns: Party A shall provide E'arty B with fifty thousand
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`L] .S Dollars; ( $ filigflfllil) per month {befiim tax). paid according ta} his working time in
`
`Wuhan University at“ chhnnlugy. Patty A shall prtwidt: Part}l B with um: iiiillicm
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`Chinese Yuan (1130030010913) [after tax} as liviitg allowance which will he paid If} a.
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`year for three yehrs‘
`
`10
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`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 11 of 17
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`19.
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`In a subsequent email to LIEBER dated July 10, 2012, the WUT Professor told
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`LIEBER that WUT’s president had signed the “1000 plan agreement” and that executed copies of
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`the agreement had been mailed to LIEBER in Massachusetts for his signature. In an email dated
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`on or about July 21, 2012, the WUT Professor informed LIEBER that WUT had received copies
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`of the Thousand Talents Agreement signed by LIEBER.
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`20.
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`After signing the Thousand Talents Agreement, LIEBER returned to WUT in
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`November 2012. LIEBER’s travel expenses to and from Wuhan were paid by WUT. Prior to this
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`trip, arrangements were made to pay LIEBER his salary and living expenses as specified in the
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`Thousand Talents Agreement. For example, in an email dated on or about October 26, 2012, a
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`WUT employee (hereafter the “WUT Employee”) wrote to LIEBER:
`
`Before your visit, I would like to talk about one detail in the
`implementation of the contract of “one thousand talent” high level
`foreign expert between you and our university. According to the
`article concerning the payment and living conditions, I want to know
`the way you prefer to be paid so that everything can be prepared
`before your coming. I would like to provide two options for you to
`choose if you do not mind. Option one. I help you open a new bank
`account in the Chinese Bank named [redacted]. The payment will
`be put into your account and you can get the payment from the
`branch of [redacted] in your country. Option Two.
`I can prepare
`the payment in cash.
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`21.
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`Less than three months later, on or about January 10, 2013, the WUT Professor
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`emailed LIEBER an agreement titled “Academic Cooperative Agreement between Harvard
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`University, USA and Wuhan University of Technology, PR. China.” The stated purpose of the
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`agreement, which had a five—year effective term, was to “carry out advanced research and
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`development ofnanowire—based lithium ion batteries with high performance for electric vehicles.”
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`Apart from its stated objective, the agreement provided for a “cooperative research program”
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`whereby researchers from WUT would “visit Department of Chemistry and Chemical Biology of
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`11
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`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 12 of 17
`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 12 of 17
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`Harvard University for two months each year.” Without consulting any Harvard officials, LIEBER
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`signed the agreement on Harvard’s behalf and returned the executed copies to the WUT Professor
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`on or about January 1 1, 201.3. I understand from conversations with Harvard” 3 representatives that
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`LIEBER did not have the authority to execute this contract on behalf of Harvard.
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`22.
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`One year later, LIEBER continued to work closely with — and continued to receive
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`compensation from — WUT. For example, on or about January 18, 2014, LIEBER wrote to the
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`WUT Professor and another person affiliated with WUT that he would accept a WUT graduate
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`student (hereinafter the “Graduate Student”) as a long—term “WUT—HU joint Ph.D. student”
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`provided that WUT “support all of [the Graduate Student’s] salary and research costs while
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`working in my lab.” In the same communication, LIEBER discussed an upcoming visit to WUT
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`in fiebruary 2014, and he made specific demands regarding the payment of his salary:
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`I would like to receive ~1/2 of salary (for the current period) in US
`dollars, with the remainder deposited into the bank account that was
`set—up. The ~00 that I promised to pay for the party following Lin
`Xu’s Ph.D. defense in April, can be deduced from either 1/2.
`
`23.
`
`In June of 2014, LIEBER continued to discuss his compensation under the
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`Thousand Talents Agreement with WUT. In an email to the WUT Employee dated June 16, 2014,
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`LIEBER asked to maintain his bank account “the way it has been for now” and he reiterated his
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`earlier request that half of his salary be deposited into his Chinese bank account and the other half
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`be paid to him in cash when he next visited WUT. LIEBER further stated, “I think this is close to
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`what [we] have done in [the] past.”
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`24.
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`In late January 2015, LIEBER outlined his ongoing relationship with WUT,
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`confirming that he intended to visit WUT “severa ” times per year or “perhaps slightly more in the
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`next couple years as we try to build up the nano—bio part of the lab;” that he would be available for
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`“electronic communication on a very regular basis with students (email, telephone, skype)so that
`
`12
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`

`

`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 13 of 17
`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 13 of 17
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`they obtain full input from me as an adviser,” and that “students visiting [from WUT] for periods
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`at Harvard would have [the] same access as normal Harvard graduate students.”
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`25.
`
`Around the same time, independent of LIEBER, Harvard administrators learned for
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`the first time of the WUT—Harvard Joint Nano Key Laboratory at WUT, including the fact that
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`LIEBER was the director of the lab. Harvard officials confronted LIEBER about the joint lab, and
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`informed him that the improper use of Harvard’s name and logo — orchestrated by LIEBER
`
`without Harvard’s consent —— violated University policy.
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`In response, LIEBER falsely told
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`Harvard officials that he was involved in collaborative research with WUT for “mutual scientific
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`interaction,” but that WUT was using Harvard’s name and logo without his knowledge or consent.
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`26.
`
`On or about February 3, 2015, LIEBER emailed the WUT Professor and told him
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`that WUT must cease using Harvard’s name, stating, “Our agreement for research collaboration is
`
`between you/Wuhan University of Technology (WUT) and me, and does not constitute an
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`agreement with Harvard University.”
`
`(Emphasis original.) Subsequent emails suggest that
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`LIEBER took additional steps to try and distance himself —— at least publically —— from WUT in
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`the wake of Harvard’s discovery of the joint Harvard-WUT nano lab. These included cancelling
`
`a trip to WUT in June 2015 and advising a postdoctoral fellow at the Lieber Research Group to
`continue her work in LIEBER’S lab rather than starting a position at WUT.
`V
`
`27.
`
`Nevertheless, LIEBER’s Thousand Talents Agreement and the earlier Strategic
`
`Scientist Agreement (which, according to their terms, expired in July 2015 and November 2016,
`
`respectively) appear to have remained in place well after January 2015. For example, in an email
`
`dated on or about February 20, 2015, LIEBER told the WUT Professor that he would continue his
`
`review of a manuscript written by WUT researchers. In the same email, LIEBER also said that he
`
`“may be in touch with regards to several issues relating to my appointment/salary/funding @
`
`13
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`
`
`
`
`
`
`

`

`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 14 of 17
`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 14 of 17
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`
`
`
`
`
`
`
`
`WUT. .
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`. .” Although it is unclear what precise “issues” LIEBER was referring to, at a minimum,
`
`this email shows that LIEBER continued to be paid by WUT after January 2015.
`
`28.
`
`In an email dated November 26, 2015, the WUT Professor thanked LIEBER “for
`
`all you have done for our university and me!” The WUT Professor also told LIEBER that WUT
`
`had “put your salary in your
`
`[bank] card and we will help you change the cash for you when
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`you come to Wuhan.” The fact that WUT continued to pay LIEBER’S salary in late 2015 indicates
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`to me that LIEBER, in fact, continued to work for, and with, WUT throughout 2015.
`
`29.
`
`The payment of salary to LIEBER by WUT appears to have continued into 2017.
`
`In an email dated on or about January 14, 2017, the WUT Professor sent the following message to
`
`LIEBER:
`
`During our last meeting you mentioned the tour of Bejing in the end
`of Feb. or early March. President [of WUT]. . ., I and all faculties
`and students in our Joint Nano Lab would like to invite you to visit
`WUT and our Joint Nano Lab.
`If your schedule is available, we
`would like to take this chance to express our everlasting gratitude to
`your great support for our university and me! Our university has put
`your salary in your
`[bank] card and we will help you change the
`cash for you when you come to Wuhan. Our university will cover
`your first-class flight ticket and accomadation [sic] like before. We
`would like to know your idea. With my best regards and thank you
`very much for your strong support again.
`
`By this point, according to their express terms, LIEBER’ s Strategic Scientist and Thousand Talents
`
`Agreements With WUT had expired.
`
`Insofar as it discusses the payment of additional salary to
`
`LIEBER in January 2017, this email is evidence that LIEBER may have executed a new agreement
`
`with WUT at some point in either late 2016 or early 2017.
`
`Lieber’s False Statements to DoD
`
`30.
`
`Since 2009, LIEBER has been the principal investigator associated with at least six
`
`research grants funded by various DoD entities, including ONR and AFOSR. The total value of
`
`14
`
`

`

`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 15 of 17
`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 15 of 17
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`these grants exceeded $8 million. As Of April 2018, LIEBER was the principal investigator
`
`associated with three active DOD grants.
`
`31.
`
`On April 24, 2018, DOD investigators interviewed LIEBER about his active grants
`
`and whether LIEBER had appropriately disclosed foreign research collaboration to DOD. During
`
`the interview, which took place at LIEBER’S lab on the Harvard Campus, LIEBER said that he
`
`was familiar with China’s Thousand Talent’s Plan, but that he had never been asked to participate
`
`in the program. Although LIEBER stated that he was never asked to participate in the Thousand
`
`Talents Program, he also told DOD investigators that he “wasn’t sure” how China categorized him.
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`I believe these statements were false because, as described above, WUT expressly asked LIEBER
`
`on numerous occasions in 2012 to participate in the Thousand Talents Program and to sign a
`
`Thousand Talents Agreement with WUT. Moreover, based upon the email correspondence
`
`described above that I have reviewed, LIEBER did sign a three-year Thousand Talents Agreement
`
`with WUT on or about July 21, 2012, and was paid by WUT over the course Of several years
`
`pursuant to that agreement. The agreement that LIEBER signed was titled “Employment Contract
`
`of ‘One Thousand Talent’ High Level Foreign Expert” and it referred to LIEBER as a “One
`
`Thousand Talent.”
`
`32.
`
`On April 26, 2018, two days after his interview with DOD, LIEBER emailed a
`
`research associate affiliated with the Lieber Research Group the following message:
`
`Can you also provide me with the link/info to CAS webpage where
`I am listed as directing (‘2) that lab at Wuhan? I lost a lot Of sleep
`worrying about all Of these things last night and want to start taking
`steps tO correct sooner than later.
`I will be careful about what I
`discuss with Harvard University, and none of this will be shared
`with government investigators at this time.
`
`I believe that “CAS” refers to the China Academy of Sciences, which I know to be a top Chinese
`
`research institute. According to Harvard University’s website, LIEBER was elected to the CA8
`
`15
`
`
`
`

`

`
`
`
`
`Case 1:20-mj-02158-MBB Document 1-1 Filed 01/27/20 Page 16 of 17
`Case 1:20-mj-02158—MBB Document 1-1 Filed 01/27/20 Page 16 of 17
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`in December 2015. At a minimum, this email demonstrates that LIEBER withheld information
`
`from “government investigators” about his relationship with WUT. Given the timing of this email
`
`— two days after his interview with DoD ~— I believe LIEBER was referring specifically to the
`
`DoD investigators.
`
`Lieber’s False Statements t0 NIH
`
`33.
`
`I am aware that LIEBER was the principal investigator associated with at least three
`
`NIH—funded research grants awarded to Harvard University since 2008. The total value of those
`
`grants exceeded $10 million. Two of those grants were being actively funded by NIH as of
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`November 201 8.
`
`34.
`
`On or ab