Affichage des articles dont le libellé est Su Bin. Afficher tous les articles
Affichage des articles dont le libellé est Su Bin. Afficher tous les articles

vendredi 17 janvier 2020

Criminal Executive

The Odds of Huawei’s CFO Avoiding U.S. Extradition Are Just One in 100000
Meng Wanzhou’s extradition hearings begin in earnest on Monday
By Natalie Obiko Pearson and Yuan Gao

Huawei Technologies Co. Chief Financial Officer Meng Wanzhou has joined Carlos Ghosn in the 1% legal club.
Those are the odds that the Chinese executive will win her bid to avoid extradition to the U.S., similar to the chances of acquittal for the auto titan-turned-fugitive in Japan. 
While Ghosn fled Japan in a big black box for Lebanon, Meng squares up to begin extradition hearings in a Vancouver court on Monday, 13 months after she was arrested on a U.S. handover request.
The hearings offer her first shot -- however slim -- at release as a Canadian judge considers whether the case meets the crucial test of double criminality: would her crime have also been a crime in Canada? 
If not, she could be discharged, according to Canada’s extradition rules.
Meng, the eldest daughter of billionaire Huawei founder Ren Zhengfei, has become the highest profile target of a broader U.S. effort to contain China and its largest technology company, which is seen as a national security threat
The U.S. accuses her of fraud, saying she lied to HSBC Holdings Plc to trick it into conducting transactions in breach of U.S. sanctions on Iran. 
Meng, who turns 48 next month, is charged with bank and wire fraud, which carry a maximum term of 20 years in prison on conviction.
“In most extradition cases, double criminality is an easy piece of analysis,” says Brock Martland, a Vancouver-based criminal lawyer.

Meng Wanzhou leaves her home for a court appearance in Vancouver on Oct. 1, 2019.

In Meng’s case, it’s not, which may help nudge her into the 1% of defendants in Canada who have historically beaten extradition orders to the U.S.
Her defense has argued that the U.S. case is, in reality, a sanctions-violations complaint that it’s sought to “dress up” as fraud to make it easier to extradite her. 
Had Meng’s conduct taken place in Canada, the transactions by HSBC wouldn’t have violated any Canadian sanctions, they say. 
Canada’s federal prosecutors counter the underlying offense is fraud because she lied to HSBC, causing them to miscalculate Huawei’s risk as a creditor and conduct transactions it otherwise wouldn’t have.
Another potential sticking point is that Meng’s misconduct didn’t take place in the U.S. or Canada -- it rests heavily on a 2013 meeting at a Hong Kong teahouse between Meng and an HSBC banker.
“Canadian fraud laws do not have an extraterritorial reach,” said Ravi Hira, a Vancouver-based lawyer and former special prosecutor. 
“If you commit a fraud in Hong Kong, I can’t just prosecute you in Canada.”
While the double-criminality hearings are scheduled for four days, the ruling would likely come much later -- possibly in months.
Being trapped in the middle of a trade war has brought the luxury of time. 
Before her arrest, Meng traveled so frequently for the world’s largest telecommunications equipment maker that she’d gone through at least seven passports in a decade. 
These days, she passes her time oil painting and pursuing an online doctorate. 
Phone calls with her father have gone from once a year to every few days.
“If a busy life has eaten away at my time, then hardship has in turn drawn it back out,” Meng wrote last month on the one-year anniversary of her arrest. 
“It was never my intention to be stuck here so long.”

Ghosn Escape
Meng would find it harder to pull a Ghosn. 
She’s under 24-hour surveillance by at least two guards at her C$13 million ($10 million) mansion. 
Her whereabouts are recorded continuously by a GPS tracker on her left ankle. 
While she’s allowed to roam a roughly 100-square-mile patch of Vancouver during the day accompanied by security, any violation -- including tampering with the device or venturing anywhere near the airport -- would automatically alert police. 
She’s posted bail of C$10 million, of which C$3 million came from a group of guarantors, some of whom pledged their homes as collateral. 
Fleeing would cost them all.
If the court finds her case fails the double-criminality test, Canada’s attorney general would have the right to appeal within 30 days. 
In theory, she could be on a plane back to China well before that, says Gary Botting, a Vancouver-based lawyer who’s been involved in hundreds of Canadian extradition cases.
Of the 798 U.S. extradition requests received since 2008, Canada has only refused or discharged eight, according to the department of justice. 
That’s a 99% chance of being handed over -- similar to the conviction rate in Japan. 
Another 40 cases were withdrawn by the U.S.
Still, that’s fractionally better than the odds of two Canadians hostages detained in China, where the conviction rate currently stands at 99.9%, according to Amnesty International.

Canadians Hostages
That’s if Michael Kovrig and Michael Spavor ever make it to trial. 
The two men were thrown in jail on spying allegations just days after Meng’s arrest in December 2018. 
Last month, the Chinese government confirmed their cases were transferred to prosecutors, raising the possibility they might finally get access to lawyers.
As of last week, that hadn’t happened yet for Kovrig, according to the International Crisis Group, his employer. 
The former diplomat has been allowed one consular visit a month; in between, he’s unreachable. Communication with his family is limited to letters exchanged in those visits, according to the group.
Families of the two men aren’t speaking publicly for fear of jeopardizing their cases. 
Some sense of the conditions they’re enduring can be gleaned from past history.
Spavor, a businessman who ran tours to North Korea from his base in a border town in northeastern China, has been held since May in Dandong Detention Centre, according to the Globe and Mail.
It’s a jail familiar to another Canadian, Kevin Garratt, who was snatched along with his wife Julia by Chinese security agents in 2014, becoming pawns and hostages in an earlier high-stakes attempt by Beijing to prevent Canada from extraditing millionaire businessman Su Bin to the U.S.
Garratt spent 19 months in the forbidding compound surrounded by two-story-high cement walls. Crammed into a cell with up to 14 other inmates, he slurped meals from a communal bowl on the floor. 
If they were lucky, they got 30 minutes of hot water a day and could exercise in a small outdoor cage, he said in a December 2018 interview.

mercredi 30 janvier 2019

China's State Terrorrism

Kevin and Julia Garratt on their experience as detainees in China
By Jessica Murphy

Julia and Kevin Garratt (centre) with their children Peter and Hannah. Their second son Simeon is not pictured.

Canadian couple Kevin and Julia Garratt were detained in China in 2014 and accused of spying. Amid an escalating feud between Canada and China and allegations of retaliatory detentions, the pair tells the BBC about what it was like -- and how they ever made it home.
Kevin Garratt remembers well the night he and Julia were arrested in north-eastern China.
He recalls being pulled away from his wife as they walked through a restaurant's downstairs lobby, and pushed into the back of a black sedan filled with burly officers.
He thought the whole thing was some terrible mistake.
Julia, forced into a separate sedan, found herself shaking in fear and shock at the sudden turn of events, and the drive in the darkness.
She thought: "This is going to be my last night.
"I don't think I've ever felt that level of fear and panic before. And also just sad for my family and my children, because there was no warning, there would be no chance to say goodbye."
The Garratts had lived in China since 1984, and from 2008 operated a coffee house popular with Western expats and tourists in Dandong, a city on the North Korean border, while continuing to carry out Christian aid work.
The couple lived in Dandong, at the main China-North Korea border.

But unbeknownst to either of them, early in 2014 and thousands of miles away, American authorities were launching a crackdown on Chinese cyber-espionage. 
One of the men in their sights was Su Bin, a Chinese resident working in Canada.
That June, Canadian authorities picked up Su, accused of stealing data about military projects and selling it to China, for extradition to the US.
Canadian officials and observers believed the Garratts' arrest was a tit-for-tat detention and an attempt to pressure Canada for Su's release.
Canada's ambassador in Beijing at the time, Guy Saint-Jacques, describes them as "a couple of Canadian missionaries who had been in China 30 years doing good work".
He tells the BBC their arrest "was the first case where we saw a clear retaliation for something that had happened in Canada".
When he met counterparts at the foreign ministry about the case, Saint-Jacques recalls: "They never said directly 'let's do a swap.' But it was very clear what they wanted."
On the night of the Garratts' arrest -- the beginning of months of detention for the pair -- they had been invited for dinner by a friend of a friend, who told the couple they wanted to talk about their daughter going to study in Canada.
But something about the dinner felt strange.
"It didn't seem genuine, and the daughter never came," Kevin says.
Julia says it was only later they realised the whole evening had been a set-up for their arrest.
"It was very carefully thought through and planned in advance. We had no idea," she says.
Parts of the couple's story could be pulled directly from today's headlines.


Meng Wanzhou was arrested in Vancouver last December

In December, Chinese telecoms executive Meng Wanzhou, 46, was detained in Vancouver for allegedly breaking US sanctions against Iran.
This week, the US filed charges against Huawei and Meng, and the US is seeking her extradition.
Following Meng's arrest came threats of "grave consequences" from China if the tech heiress and chief finance officer at Huawei, China's largest private company, was not released.
In mid-December, two Canadian men -- former diplomat Michael Kovrig and businessman Michael Spavor -- were held in China on accusations of harming national security.
Like in the Garratts' case, their detention is seen by China analysts as a reprisal.Michael Spavor (L) and Michael Kovrig have been put under "compulsory measures"

The Garratts' experience in detention parallels what Canadian officials and others have suggested that Kovrig and Spavor are living through -- daily interrogations, being kept in a room with lights on day and night.
"I don't know what they did or didn't do, but I know what they're going through right now," says Julia.
The Garratts say they were never physically harmed but were watched by guards around the clock, and had to request the most basic necessities when they needed them.
"You want a drink of water, they have to go get it for it. Brush your teeth, they get it for you. It's really meant to frighten and control you," says Kevin.
Julia says the first few nights, she put a blanket over her eyes to block the light, but the guard pulled it down.
They also experienced daily interrogations for up to six hours.
------
Tit for tat arrests

  • About 200 Canadians held in China
  • The cases of Michael Spavor, Michael Kovrig and Robert Lloyd Schellenberg are linked to China's displeasure at arrest of Meng Wanzhou
  • Kovrig, a diplomat on leave, and Spavor, a businessman with close ties to North Korea, are accused of engaging in activities that harm China's national security
  • Schellenberg was convicted last year on drug smuggling charges and given a death sentence in January
  • Canada has accused China of acting arbitrarily in his sentencing
  • The country updated its travel advisory to China following Schellenberg sentencing, urging caution due to risk of "arbitrary enforcement of local law"

--------
Their interrogators had a decade of details about their time in China and their travels, and asked over and over about the minutia of their activities -- the why, the when, and the where.
Whom they met.
"They would ask the same questions two month later and compare the answers," says Julia.
"It's very, very gruelling."Kevin Garratt is reunited with his wife Julia in Vancouver

Some four years later, they have documented their experience in a book, Two Tears on the Window, published in November.
Devout Christians, they say prayer and the support of both their close family and the wider church community helped them through their time in detention.
"I had the sense that my peace cannot be stolen from me, my true freedom cannot be stolen from me. And I think there was great comfort in that," says Julia.
She was released on bail in February 2015, pending trial.
In January 2016, still in detention, Kevin was charged with stealing state secrets.
A month later, Su waived extradition and headed to the US, where in March he pleaded guilty to hacking into major US defence contractors, stealing sensitive military data and sending it to China.
Saint-Jacques says that Chinese officials seemed taken by surprise by Su's decision to cut a deal with American officials.Justin Trudeau raised the Garratt case with Chinese officials in August 2016

He believes that turn of events, combined with a visit to China by Justin Trudeau, during which the newly elected PM raised Kevin's case, were instrumental in securing Kevin's release.
He was deported to Canada in September 2016 after 775 days in detention, and reunited with Julia, who had left the country earlier that year.
Meanwhile, Meng's case continues to strain China's ties with Canada and the US.
Chinese officials have called her arrest a "serious mistake", accusing Canada of double standards and "Western egotism and white supremacy".
She is out on bail and under house arrest in Vancouver, where she owns property.
She is next due in court on 6 March, but the case could possibly drag on for years.
It also comes amid growing scrutiny in Western countries over Huawei, which is a world leader in telecoms infrastructure, in particular the next generation of mobile phone networks, known as 5G.
Concern about the security of the company's technology has been growing, particularly in the US, UK, Canada, Australia and Germany, which fear its products could be used for spying.
Amid the diplomatic dispute, Canada has worked to rally international allies to its corner.
Earlier this month, over 140 diplomats -- including Saint-Jacques -- and academics signed an open letter to Chinese dictator Xi Jinping calling for the release of Kovrig and Spavor.
Canada also fired ambassador John McCallum on Sunday following controversial comments he made about Meng's extradition case.

lundi 31 décembre 2018

China's disappeared: Some of the people who vanished at the hands of the Chinese state in 2018

Canadian citizens, a famous actress, a security insider and a student Marxist disappeared in China this year
The Associated Press
Canadians Michael Spavor and Michael Kovrig briefly disappeared this month before it was revealed they were taken into custody by Chinese officials. The two men's detention followed the arrest and detention of Huawei executive Meng Wanzhou by Canadian authorities. 

It's not uncommon for individuals who speak out against the government to disappear in China, but the scope of the "disappeared" has expanded since Xi Jinping came to power in 2013.
Not only dissidents and activists, but also high-level officials, Marxists, foreigners and even a movie star — people who never publicly opposed the ruling Communist Party — have been whisked away by police to unknown destinations.
The widening dragnet throws into stark relief the lengths to which Xi's administration is willing to go to maintain its control and authority.
Here's a look at some of the people who went missing in 2018 at the hands of the Chinese state:

Canadian citizens
China threatened "grave consequences" if Canada did not release high-tech executive Meng Wanzhou, shortly after the Huawei chief financial officer was detained in Vancouver earlier this month for extradition to the U.S.
The apparent consequences materialized within days, when two Canadian men went missing in China. 
Both turned up in the hands of state security on suspicion of endangering "national security", a nebulous category of crimes that has been levied against foreigners in recent years.
Former Canadian diplomat Michael Kovrig was taken by authorities from a Beijing street late in the evening, a person familiar with his case said. 
He is allowed one consular visit a month and has not been granted access to a lawyer, as is standard for state security cases.
Kovrig, an adviser with the Brussels-based International Crisis Group, remains in detention in China.

Also detained is Michael Spavor, who organizes tours to North Korea from the border city of Dandong. 
China has not said whether their detentions are related to Meng's, but a similar scenario unfolded in the past.
A Canadian couple was detained in 2014 on national security grounds shortly after Canada arrested Su Bin, a Chinese man wanted for industrial espionage in the U.S.
Like Spavor, Kevin and Julia Garratt lived in Dandong, where they ran a popular coffee shop for nearly a decade. 
They also worked with a Christian charity that provided food to North Korean refugees.
While Julia Garratt was released on bail, her husband was held for more than two years before he was deported in September 2016 — about two months after Su pleaded guilty in the U.S.

Tax-evading actress

Fan Bingbing was living the dream. 
Since a breakthrough role at the age of 17, Fan has headlined dozens of movies and TV series, and parlayed her success into modelling, fashion design and other ventures that have made her one of the highest-paid celebrities in the world.
All this made her a potent icon of China's economic success, until authorities reminded Fan — and her legion of admirers — that even she was not untouchable.
For about four months, Fan vanished from public view. 
Her Weibo social media account, which has more than 63 million followers, fell silent. 
Her management office in Beijing was vacated. 
Her birthday on Sept. 16 came and went with only a handful of greetings from entertainment notables.
When she finally resurfaced, it was to apologize.
"I sincerely apologize to society, to the friends who love and care for me, to the people, and to the country's tax bureau," Fan said in a letter posted on Weibo on Oct. 3.
Chinese actress Fan Bingbing poses for photographers upon arrival at the opening of the Cannes film festival in southern France in May. One of China's highest paid celebrities, Fan disappeared from public view for four months before apologizing for tax-evasion. 

Fan later admitted to tax evasion. 
State news agency Xinhua reported that she and the companies she represents had been ordered to pay taxes and penalties totaling 900 million yuan ($130 million US).
"Without the party and the country's great policies, without the people's loving care, there would be no Fan Bingbing," she wrote, a cautionary tale for other Chinese celebrities.
Xinhua concurred in a commentary on her case: "Everyone is equal before the law, there are no `superstars' or `big shots.' No one can despise the law and hope to be lucky."

Security insider
Unlike most swallowed up by China's opaque security apparatus, Meng Hongwei knew exactly what to expect.
Meng — no relation to the Huawei executive — is a vice minister of public security who was also head of Interpol, the France-based organization that facilitates police cooperation across borders.
When he was appointed to the top post, human rights groups expressed concern that China would use Interpol as a tool to rein in political enemies around the world.
Instead, he was captured by the same security forces he represented.
Former Interpol president Meng Hongwei delivers his opening address at the Interpol World congress in Singapore in July 2017. 

In September, Meng became the latest high-ranking official caught in Xi's banner anti-corruption campaign. 
The initiative is a major reason for the Chinese leader's broad popularity, but he has been accused of using it to eliminate political rivals.
Xi pledged to confront both high-level "tigers" and low-level "flies" in his crackdown on graft — a promise he has fulfilled by ensnaring prominent officials.
Meng was missing for weeks before Chinese authorities said he was being investigated for taking bribes and other crimes. 
A Chinese delegation later delivered a resignation letter from Meng to Interpol headquarters.
His wife Grace Meng told the AP that she does not believe the charges against her husband. 
The last message he sent her was an emoji of a knife.

Daring photographer
Lu Guang made his mark photographing the everyday lives of HIV patients in central China. 
They were poor villagers who had contracted the virus after selling their own blood to eke out a living — at a going rate of $7 a pint, they told Lu.
A former factory worker, Lu traversed China's vast reaches to capture reality at its margins. 
He explored environmental degradation, industrial pollution and other gritty topics generally avoided by Chinese journalists, who risk punishment if they pursue stories considered to be sensitive or overly critical.
His work won him major accolades such as the World Press Photo prize, but his prominence likely also put him on the government's radar.
This November, Lu was travelling through East Turkestan, the far west colony that has deployed a vast security network in the name of fighting terrorism. 
He was participating in an exchange with other photographers, after which he was to meet a friend in nearby Sichuan province. 
He never showed up.
More than a month after he disappeared, his family was notified that he had been arrested in East Turkestan, according to his wife Xu Xiaoli
She declined to elaborate on the nature of the charges.

Marxist student
In the past, the political activists jailed in China were primarily those who fought for democracy and an end to one-party rule. 
They posed a direct ideological threat to the Communist Party.
This year, the party locked in on a surprising new target: young Marxists.
About 50 students and recent graduates of the country's most prestigious universities convened in August in Shenzhen, an electronics manufacturing hub, to rally for factory workers attempting to form a union
Among them was Yue Xin, a 20-something fresh out of Peking University. 
Earlier this year, she made headlines by calling for the elite school to release the results of its investigation into a decades-old rape case.
This time, she was one of the most vocal leaders of the labour rights group, appearing in photographs with her fist up in a Marxist salute and wearing a T-shirt that said "Unity is strength" — the name of a patriotic Chinese communist song.
Yue, a passionate student of Marx and Mao Zedong, espoused the same values as the party. 
She wrote an open letter to Xi and the party's central leadership saying all the students wanted was justice for Jasic Technology labourers.
Her letter quoted Xi's own remarks: "We must adhere to the guiding position of Marxism." 
Yue called Marx "our mentor" and likened the ideas of him and Mao to spiritual sustenance.
Nonetheless, she ended up among those rounded up in a raid on the apartment the activists were staying at in Shenzhen. 
While most have been released, Yue remains unaccounted for.
She has been missing for four months.

mercredi 12 décembre 2018

China's State Terrorism

The Foreign Billionaires, Activists and Missionaries Detained in China
By Javier C. Hernández

Michael Kovrig, a former Canadian diplomat who was detained in Beijing on Monday.
BEIJING — Missionaries. Corporate investigators. Billionaires. Legal activists.
China has a long history of arresting or holding foreigners for mysterious reasons, often in a tit-for-tat play to put pressure on overseas rivals. 
In recent years the number of such detentions has increased, a disturbing trend for foreigners visiting or conducting business in the country.
Michael Kovrig, a former Canadian diplomat who was detained in Beijing on Monday, is the latest foreigner to be held by the Chinese in retribution for the arrest of Meng Wanzhou, Huawei's CFO, in Canada, this month.
Here are some recent cases of foreigners caught in the cross hairs of China’s opaque legal system.

The Missionaries

Julia and Kevin Garratt back in Canada in 2016. The couple were arrested in 2014 by the Chinese authorities on “suspicion of stealing and spying to obtain state secrets.”

Kevin and Julia Garratt, Christian aid workers from Canada, were best known in Dandong, a Chinese city near the border with North Korea, for operating a popular coffee shop. 
They also worked with a charity that provided food to North Koreans. 
But in 2014, they were arrested by the Chinese authorities on “suspicion of stealing and spying to obtain state secrets.”
Ms. Garratt was released on bail and allowed to leave China. 
Mr. Garratt spent two years in prison before his eventual release. 
Both have denied the accusations.
The Chinese have arrested the Garratts in hopes of pressuring Canada into releasing Su Bin, a Chinese spy who was being held in Vancouver, after the United States accused him of stealing military data and sought extradition. 

The Billionaire
The government of China has never specified the reasons for the abduction of Xiao Jianhua, a wealthy and well-connected Chinese-born Canadian citizen.

On a January morning last year, Xiao Jianhua, one of China’s most politically connected financiers, was escorted out of the Four Seasons Hotel in Hong Kong in a wheelchair by unidentified men. 
Xiao had rare insight into the financial holdings of China’s most powerful families, having made his fortune investing in banks, insurers and real estate.
Xiao, a Chinese-born Canadian citizen, is now believed to be in custody in the mainland, helping the authorities with investigations into the finance industry, though the government has not specified the reasons for his abduction.

The Corporate Investigators
Peter Humphrey, left, and his wife, Yu Yingzeng, both corporate investigators, came under scrutiny as part of a Chinese government investigation into fraud and corruption at GlaxoSmithKline, the pharmaceutical maker.

Peter Humphrey, a British private investigator, and his wife, Yu Yingzeng, a Chinese-born American citizen, ran a small consulting firm in Shanghai that specialized in “discreet investigations” for multinational companies, focusing on issues like counterfeiting and embezzlement.
But as an investigation by the Chinese government into fraud and corruption at GlaxoSmithKline, the pharmaceutical maker, escalated in 2013, Humphrey and Yu, who advised the firm, came under scrutiny as well. 
The couple were arrested and charged with violating the rights of Chinese citizens by obtaining private information. 
Humphrey and Yu served prison sentences of about two years.

The Legal Advocate
Peter Dahlin, the Swedish co-founder of a nongovernmental organization that provided legal aid to Chinese citizens, was forced to apologize on national television and then deported.

Peter Dahlin, a Swedish citizen, was the co-founder of a nongovernmental organization in Beijing that provided legal aid to Chinese citizens. 
His work soon caught the attention of the authorities, who were cracking down on foreign nongovernmental organizations and human rights lawyers.
In early 2016, Mr. Dahlin was detained and interrogated for 23 days by China’s Ministry of State Security. 
He was forced to record a confession and to apologize on national television. 
Then he was deported.

The Fugitive’s Family
Victor and Cynthia Liu, who are American citizens, in an image provided by family friends. They have been held in China for months in what some describe as a bid to lure back their father, Liu Changming, a former bank executive who is among China’s most-wanted fugitives.

Liu Changming, a former executive at a state-owned bank in China, is among China’s most-wanted fugitives.
He is accused of playing a central role in a $1.4 billion fraud case.
He fled the country in 2007.
Now, in what some describe as a bid to lure Liu back, the Chinese government is preventing his wife and children, who are American citizens, from leaving China.
Liu’s wife, Sandra Han, and their children, Victor and Cynthia, arrived in China in June to visit an ailing relative.
Han was detained, and the children have been held for months under a practice known as an exit ban.

vendredi 2 novembre 2018

CHINA'S 5 STEPS FOR RECRUITING SPIES


US Stupidity Enabling Chinese Spies to Steal Tons of US Defense and Trade Secrets
By Garrett M. Graff
BEWARE OF CHINESE spies offering laptops, women, or educational stipends—and especially watch out for odd LinkedIn requests.
On Tuesday, the Justice Department unsealed new charges against 10 Chinese intelligence officers and hackers who perpetrated a years-long scheme to steal trade secrets from aerospace companies.
The case continues an impressive tempo from the Justice Department, as it continues to try curb China's massive, wide-ranging, and long-running espionage campaign. 
In fact, it's the third time since September alone that the US government has charged Chinese intelligence officers and spies, including one of its biggest coups in years: The extradition earlier this month of a Chinese intelligence officer, caught in Europe, who will face a US courtroom.
That arrest marks the first time the US has prosecuted an officer of China's Ministry of State Security. The feds believe that the suspect, Yanjun Xu, spent years cultivating a person he thought was a potential asset inside GE Aviation, which makes closely held jet engine technology.
While historic, the GE Aviation case hardly stands as an outlier. 
Chinese espionage against the US has emerged over the past two decades as the most widespread, damaging, and pernicious national security threat facing the country—compromising trade secrets, American jobs, and human lives.
Even as popular culture and public attention has focused in the past decade on a few high-profile cases against Russian intelligence operations, China’s spying efforts have yielded a more steady stream of incidents. 
Over the last 15 years, dozens of people have been arrested, charged, or convicted of economic or military espionage for China. 
In just the 28-month period that a notorious Russian spy ring unraveled around 2010, US officials charged and prosecuted more than 40 Chinese espionage cases, according to a Justice Department compilation.
The majority of Chinese espionage cases over the years have involved ethnic Chinese, including Chinese students who came to the US for college or advanced degrees, got hired at tech companies, and then absconded back to China with stolen trade secrets. 
Historically, very few Chinese spying cases have featured the targeting or recruitment of Westerners. But this year has seen a rash of cases of Sino-Americans recruited to spy on China’s behalf, encouraged to turn over sensitive military, intelligence, or economic information—at least one of which started with a simple LinkedIn message.
Sifting through more than a dozen of the major cases that have targeted Westerners, though, provides an illuminating window into how China recruits its spies. 
The recruitment follows a well-known five-step espionage road map: Spotting, assessing, developing, recruiting, and, finally, what professionals call “handling.”

Stage 1: Spotting
The first step in any espionage recruitment is simply knowing the right people to target. 
That job often falls to what intelligence professionals call a “spotter,” a person who identifies potential targets, then hands them off to another intelligence officer for further assessment. 
These spotters, sometimes friendly officials at think tanks, universities, or corporations, are often separate from the intelligence officers who ultimately approach potential spies, allowing a level or two of remove. 
They sometimes have such “deep cover” that they are considered too valuable to make a recruitment approach directly, leaving that work to a cut-out who could more easily disappear if the recruitment pitch is rejected.
In that vein, last week’s Yanjun Xu indictment ties in to another little-noticed September arrest, where the FBI charged a 27-year-old Chinese citizen and Chicago resident with acting as an unregistered foreign agent for China—the federal criminal charge that prosecutors often use as code for spying. That man, Ji Chaoqun, had arrived in the United States in 2013 to study electrical engineering at the Illinois Institute of Technology, and had subsequently enlisted in the Army Reserves.
Yet according to the government’s criminal complaint, Ji Chaoqun had less pure motives at heart than service: He had been recruited at a Chinese job fair while in college to join a “confidential unit” and work as a “spotter” for Yanjun Xu, helping the MSS officer identify potential recruits and providing background reports on at least eight potential spies. 
In a 2015 email, Ji Chaoqun wrote that he was enclosing “eight sets of the midterm test questions for the last three years,” according to court documents. 
He attached eight PDFs of background reports downloaded from sites like Intelius, Instant Checkmate, and Spokeo, which compile public records on individuals for purchase online. (The sites limit purchases to US-based consumers, so they were inaccessible to Yanjun Xu himself.)
All eight of the targeted individuals were ethnic Chinese who worked in science or technology. 
Seven of them were either currently employed or had recently retired from US defense contractors, according to the US government.
“Spotting” doesn’t necessarily have to involve human targets; an article in the November issue of WIRED, excerpted from the new book Dawn of the Code War, outlines the US pursuit of the Chinese spy Su Bin, who was captured in Canada in 2014 after working for years as a technical “spotter” for Chinese military intelligence officers.                         
Su, an aviation expert, would examine stolen file directories hacked by Chinese intelligence to point them to the most valuable and relevant documents, helping them navigate massive troves of files on secret projects like the US development of the C-17 military transport plane.

Chinese intelligence officer of China's Ministry of State Security Xu Yanjun was extradited to the US with help from Belgian authorities for seeking to steal trade secrets and other sensitive information from an American company that leads the way in aerospace.

Stage 2: Assessing
Once intelligence officers identify potential recruits, they then examine how they might encourage those targets to spy. 
Professionals often summarize the motives for espionage with the acronym MICE: money, ideology, coercion, and ego. 
Spies want to be paid for their work, or believe in the cause, or can be blackmailed, or want the ego boost that comes with leading a double life.
While it often relies on ideology or coercion in pressuring ethnic Chinese to spy on its behalf abroad, China has proved particularly successful in luring Westerners with cash. 
In June of this year, FBI agents arrested a Utah man as he prepared to fly to China and charged him with attempting to pass national defense information to China. 




The felony complaint says that Ron Rockwell Hansen, a former Defense Intelligence Agency officer, had been struggling financially, living primarily off his $1,900-a-month DIA pension and facing debts of more than $150,000. 
In 2014, Rockwell allegedly began meeting with two MSS officers—who introduced themselves to him as “David” and “Martin." 
During one 2015 business trip to China, they offered him up to $300,000 a year for “consulting services.” 
Hansen was, according to the government, to “attend conferences or exhibitions on forensics, information security, and military communications and to conduct product research.” 
The money, in turn, would be funneled to him by David and Martin by “overpaying him for purchases of computer forensic products.”
Hansen attended defense and intelligence conferences, on China’s behalf, for nearly four years, from 2013 through 2017. 
He took photos, made notes, and tried to strike up contact with former DIA and intelligence colleagues. 
He also purchased restricted forensics software to transport to China.
All told, according to the complaint, Hansen made 40 trips to China between 2013 and 2018, often returning with tens of thousands of dollars in cash—four trips cited by the government netted him $19,000, $30,000, $20,000, and, in 2015, $53,000. 
Ultimately, court documents show that Hansen received upwards of $800,000 from Chinese sources
Hansen pleaded not guilty to 15 counts in July.
In another major corporate espionage case that dates back to 2011, a grand jury indicted the Sinoval Wind Group, a Chinese company, for trade secret theft and wire fraud related to its partnership with American Superconductor
The indictment specifically alleged that Sinoval stole American Superconductor's source code for its wind turbine, recruiting an employee to betray the Massachusetts-based company with promises of wealth and women. 
The two firms had been working together on massive wind farms in China; American Superconductor provided the software for the turbines, while Sinovel manufactured the turbines and did the construction work.
American Superconductor managers had heard horror stories of American companies having their intellectual property stolen by Chinese business partners, so the company went to great lengths to lock down its software and allow access only by its own employees. 
Chinese spy Dejan Karabasevic

Sinovel, instead, recruited Dejan Karabasevic, a Serbian employee based in Austria, to out-and-out steal the source code. 
Karabasevic pleaded guilty in an Austrian court in 2011.
“They offered him women. They offered him an apartment. They offered him money. They offered him a new life,” the head of American Superconductor, Daniel McGahn, later told 60 Minutes.
Karabasevic was quite clear about his motives: As detailed in court documents, he wrote in one email to his new Chinese business partners, “All girls need money. I need girls. Sinovel needs me.” 
The Chinese firm ultimately offered Karabasevic $1.7 million to steal the turbine source code. 
He wrote to Sinovel in one text message: “I will send the full code of course.”
American Superconductor only became aware of the theft when its engineers noticed that some of the turbines being installed in Sinovel’s large wind farms in China were running a version of the operation software that hadn’t yet been released; by then, it was too late. 
The collapse of the partnership forced the company to lay off 600 of its 900 employees; a federal jury found Sinovel guilty on counts of theft of trade secrets and wire fraud in January of this year.


Spies for China. The Indian-American Noshir Gowadia; the Chinese-American Wenxia Man and the Chinese-Canadian Su Bin. 

Stage 3: Developing
Intelligence officers generally don’t lead off by asking potential sources to betray their country or their employer. 
The third stage of espionage recruitment, instead, is known as “developing,” when recruiters begin to ask for trivial requests or favors to establish rapport. 
As former CIA director John Brennan said last year, “Frequently, people who go along a treasonous path do not know they are on a treasonous path until it is too late.”
In one of its more daring efforts in recent years, Chinese intelligence tried to place an ambitious China-loving American student inside the CIA, hoping that the would-be mole could rise through the undercover ranks of the agency.











A shot of Glenn Duffie Shriver from the FBI's video.


Glenn Duffie Shriver, a student from outside Richmond, Virginia, had become intrigued with China during a 45-day summer study abroad program in 2001. 
He later returned for his junior year abroad, becoming fluent in Chinese, and moved to Shanghai, where he acted in Chinese films and commercials. 
Around 2004, he responded to a newspaper ad asking for someone to write a white paper about trade relations between the US, North Korea, and Taiwan; the woman who hired him, calling herself “Amanda,” paid him $120 for the essay. 
She told him she liked the work and asked if he’d be interested in more—and then introduced him to two men, “Mr. Wu” and “Mr. Tang.”
Over time, those two encouraged Shriver to return to the US to join either the State Department or the CIA. 
“We can be close friends,” they told him. 
Shriver flunked the foreign service exam twice, but the MSS paid him a combined $30,000 for the effort. 
In 2007, Shriver applied to the CIA’s National Clandestine Service, the unit that runs its undercover foreign operatives, and received a $40,000 payment from the Chinese MSS.
The US government ultimately arrested Shriver, and the FBI even turned the incident into a low-budget movie to warn other students studying abroad about Chinese friends bearing gifts. 
Shriver pleaded guilty to one count of conspiracy to communicate national defense information in 2010.
“It started out fairly innocuous: ‘Oh, you know, we really want to help young people here in China. You know, we realize sometimes you’re far from home and the costs can be quite a bit, so here is just a little bit to help you out,’” Shriver said at his sentencing. 
“And then it kind of spiraled out of control. I think I was motivated by greed. I mean, you know, large stacks of money in front of me.”
That subtle evolution and push over the line from personal or professional favor to outright espionage was also clearly evident in last week’s case against MSS official Yanjun Xu, who had targeted GE Aviation. 
The GE case, which reads almost like a slow-motion David Ignatius espionage novel, was somewhat unique: No documents or trade secrets were compromised—the sting appeared to unfold with the cooperation of the company—but the recruiter apparently followed a clear path of asking for small things before pushing the employee over the line to outright theft.
Yanjun Xu began his recruitment efforts, officials said, by contacting American aerospace experts under the guise of an educational exchange; he worked with the Nanjing University of Aeronautics and Astronomics, one of China’s top engineering schools, to invite the targeted aerospace engineers to give lectures on their work. 
The targeted GE employee, identified only as “Employee #1” in court documents, was both reimbursed for travel expenses and paid a $3,500 “stipend” for the lecture at NUAA. 
The ploy was one Xu appeared to use routinely; court documents cite other examples of “seminars” and “educational exchanges” with aerospace engineers that served as recruiting efforts for espionage.
During the unnamed GE employee’s visit to NUAA in June 2017, according to court records, Xu introduced himself, using the cover identity of “Qu Hui,” and explained that he worked for the Jiangsu Science and Technology Promotion Association. 
The American engineer and Xu had multiple meals together and Xu invited the engineer to return for another lecture. 
By January 2018, Xu was regularly asking the GE engineer to pass along small details about system specifications and the company’s design process, authorities say. 
He then provided what amounted to a shopping list of aviation design secrets, asking, “Can you take a look and see if you are familiar with those?”
In February, Xu allegedly asked for a copy of the employee’s file directory for his company-issued computer, explaining how to appropriately sort and save the directory for Xu’s review. 
The two then began to make plans for Xu to access the company computer during a business trip to Europe; as Xu explained, according to court documents, “We really don’t need to rush to do everything in one time because if we’re going to do business together, this won’t be the last time, right?” 
It was on what Xu thought was that European business trip in April that the Chinese intelligence officer was arrested in Belgium.

Stage 4: Recruiting
The direct request to spy is often the most fraught moment of an espionage operation—but sometimes it starts off easily enough. 
One-time CIA officer Kevin Mallory was recruited to spy for the Chinese right off LinkedIn in February 2017. 
Mallory, who was working as a consultant at the time, was contacted over the social network by someone from a Chinese think tank known as the Shanghai Academy of Social Sciences
The FBI said in court documents that the organization—China’s oldest social science think tank—is regularly relied upon by MSS, who “[use] SASS employees as spotters and assessors,” and that MSS officers “have also used SASS affiliation as cover identities.”
Mallory spoke by phone with the purported SASS employee, and subsequently traveled to China twice, in March and April 2017, for in-person meetings. 
There, he received a special phone and instructions on how to use its secure messaging capabilities to contact his Chinese “clients.” 
According to the criminal complaint, Mallory also wrote two short white papers on US policy matters for his Chinese intelligence handlers.
Mallory was caught, in part, because he didn’t realize that the device didn’t wipe sent secure messages, and FBI agents were able to peruse his communications with the Chinese intelligence officers. 
The deal was quite explicit: In one message, Mallory wrote, “your object is to gain information, and my object is to be paid for.” 
Ultimately, the FBI believed that Mallory passed at least three classified documents to the Chinese and was paid about $25,000.
Mallory was found guilty of conspiracy to commit espionage during a June trial, though the judge threw out two convictions related to sharing or trying to share national defense information.


Sino-American double loyalty: China gave ex-CIA agent Jerry Chun Shing Lee US$100,000 and promised to take care of him ‘for life’

Stage 5: Handling
The most delicate part of an espionage operation is always maintaining the regular, day-to-day communication between a spy and his or her assigned “handler.”
Whereas previous generations often relied on the Cold War tradecraft of physical “dead drops” or in-person “brush passes” for covert information exchanges, today’s espionage often relies on encrypted communication tools, surreptitious cell phones, and emails left in draft folders.
Some of that modern tradecraft was on display in the charges against another former CIA case officer, naturalized US citizen Jerry Chun Shing Lee, who is the most devastating Chinese spy ever. 
According to court documents released following his arrest in January, Lee met with two Chinese intelligence officers in April 2010, who promised him “a gift of $100,000 cash in exchange for his cooperation and that they would take care of him for life.” 
Beginning the very next month, the Chinese intelligence officers began passing “taskings” to Lee in envelopes, delivered by one of his business associates, that asked him to reveal sensitive information about the CIA.
Lee ultimately received requests for at least 21 different pieces of information, according to court documents. 
In response to one such request, Lee “created on his laptop computer a document that included entries pertaining to certain locations to which the CIA would assign officers and a particular location of a sensitive operation to which the CIA would assign officers with certain identified experience.” 
Communications flowed, in part, through an email address created using his daughter’s name.
It appears that Lee’s work has helped devastate America’s own spy networks inside China. 
While the government’s reliance on an insecure encrypted communications system exposed several of its own human assets, according to a recent report in Foreign Policy, its problems may not have only been high tech. 
When FBI agents covertly searched Lee’s luggage at one point, the Justice Department indictment says, they discovered a “Day Planner containing handwritten, classified information up to the Top Secret level pertaining to, but not limited to, operational notes from asset meetings, operational meeting locations, operational phone numbers, the true names of assets, and covert CIA facilities.”

President Trump noted that “almost every Chinese student that comes over to this country is a spy.”

vendredi 12 octobre 2018

HOW THE US FORCED CHINA TO TEMPORARILY QUIT STEALING—USING A CHINESE SPY

For years, China has systematically looted American trade secrets. Here's the messy inside story of how DC got Beijing to clean up its act for a while.
By Garrett M. Graff
Chinese spy Su Bin

KEVIN AND JULIA Garratt had spent nearly all of their adult lives in China.
A devout Christian couple in their fifties with an entrepreneurial streak, they operated a café called Peter’s Coffee House, a popular destination in the city of Dandong, according to Trip­Advisor.
Dandong is a sprawling border town that sits just across the Yalu River from North Korea. 
For tourists and expats, the Garratts’ coffee shop—just a short walk from the Sino-­Korean Friendship Bridge—was a hub of Western conversation and comfort food. 
“After time in North Korea a decent cup of coffee was one of those things I was really looking forward to,” one Australian tourist wrote in early 2014. 
“Peter’s was a perfect place.”
The Garratts had come to China from Canada in the 1980s as English teachers. 
They lived in six different Chinese cities over the years, raising four children along the way, before settling in Dandong. 
From their perch near the border, they helped provide aid and food to North Korea, supporting an orphanage there and doing volunteer work around Dandong itself. 
The Garratts had a strong social network in the city, so it didn’t seem odd to either of them when they were invited out to dinner by Chinese acquaintances of a friend who wanted advice on how their daughter could apply to college in Canada.
The meal itself, on August 4, 2014, was formal but not unusual. 
After dinner, the Garratts got into an elevator that took them from the restaurant down to a lobby. 
The doors opened onto a swarm of bright lights and people with video cameras. 
The Garratts initially thought they’d stumbled into a party of some kind, maybe a wedding. 
But then some men grabbed the couple, separated them, and hustled them toward waiting cars. Everything happened fast, and very little made sense. 
As the vehicles pulled away, neither Kevin nor Julia had any idea that it was the last they’d see of one another for three months.
It wasn’t until the two arrived at a police facility that they each realized they were in real trouble. 
And it wasn’t until much later still that the couple would understand why they had been taken into custody. 
After all, before their detainment, they’d never even heard of a Chinese expat living in Canada named Su Bin.

WHEN THE GARRATTS first arrived in China, in 1984, the country was still transitioning away from collective farms.
Shanghai had only just opened up to foreign investment; the future megacity Shenzhen still had just a few hundred thousand inhabitants.
Over the ensuing three decades, the couple would watch as China hurtled from eighth-largest economy in the world to second-largest, powered, famously, by mass migrations of people into new industrial cities and the erection of a vast manufacturing and export sector.
But especially in the later years of the Garratts’ career as expats, the country’s growth was also propelled by a more invisible force: a truly epic amount of cheating.
China has become one of the world’s most advanced economies overnight through the rampant, state-sponsored theft of intellectual property from other countries. 
This extended campaign of commercial espionage has raided every highly developed economy. (British inventor James Dyson has complained publicly about Chinese theft of designs for his eponymous high-end vacuums.)
But far and away its biggest targets have been the trade and military secrets of the United States. From US companies, Chinese hackers and spies have purloined everything from details of wind turbines and solar panels to computer chips and even DuPont’s patented formula for the color white. 
When American companies have sued Chinese firms for copyright infringement, Chinese hackers have turned around and broken into their law firms’ computer systems to steal details about the plaintiffs’ legal strategy.
Each theft has allowed Chinese companies to bypass untold years of precious time and R&D, effectively dropping them into the marathon of global competition at the 20th mile. 
China’s military has gotten a leg up too.
Coordinated campaigns by China’s Ministry of State Security and the People’s Liberation Army have helped steal the design details of countless pieces of American military hardware, from fighter jets to ground vehicles to robots. 
In 2012, National Security Agency director Keith Alexander called it the “greatest transfer of wealth in history,” a phrase he has regularly repeated since.
And yet, despite a great deal of restlessness in the ranks of law enforcement and intelligence agencies, the United States was, for years, all but paralyzed in its response to Chinese hacking.
China simply denied any hand in the thefts, professing to take great umbrage at the idea.
American diplomats were skittish about upsetting a sensitive bilateral relationship. 
And American companies, in turn, were often inclined to play dumb and look the other way: Even as they were being robbed silly, they didn’t want to jeopardize their access to China’s nearly 1.4 billion consumers.
John Carlin, who served as assistant attorney general for national security during the Obama administration, recalls one meeting with executives from a West Coast company whose intellectual property was being stolen by Chinese hackers.
The executives even projected that, in seven or eight years, the stolen IP would kill their business model; by that point, a Chinese competitor would be able to undercut them completely with a copycat product.
But the company’s general counsel still didn’t want the government to step in and take action.
“We are going to be coming back to you and complaining,” the general counsel said.
“But we’re not there yet.”
Finally, between 2011 and 2013, the US began to reach a breaking point.
Private cybersecurity firms released a string of damning investigative reports on China’s patterns of economic espionage; the US government started to talk more publicly about bringing charges against the country’s hackers.
But it was far from clear how any government or company might successfully turn back the tide of Chinese incursions.
Obama pressed the issue of cyberthefts in his first meeting with Xi Jinping in 2013, only to be met with more denials.
This is the story of how the US finally achieved some leverage over China to bring a stop to more than a decade of rampant cybertheft, how a Canadian couple became bargaining chips in China’s desperate countermove, and how the game ended happily—only to start up again in recent months with more rancor and new players.

ON MONDAY, MAY 19, 2014, nearly three months before the Garratts were whisked away into the Dandong night, the US Justice Department called a press conference at its headquarters in Washington, DC.
Attorney general Eric Holder took the podium to announce charges against five hackers for breaking into the systems of several US companies, including U.S. Steel, Westinghouse, and a renewable-energy outfit called SolarWorld.
The FBI had mocked up a bunch of “Wanted” posters, which made it strikingly clear that the hackers all shared an employer: the Chinese army.
Two of the men were even pictured in their crisp dress uniforms.
The press conference marked the first time the US had ever indicted individual foreign agents for cyber intrusions.
It made front-page headlines across the country, instantly bumping the issue of Chinese economic espionage off the back burner of public consciousness.
But the news came with an inevitable caveat: “The move by the Justice Department was almost certainly symbolic,” The New York Times wrote, “since there is virtually no chance that the Chinese would turn over the five People’s Liberation Army members named in the indictment.”
A few days later, Carlin and a Justice Department prosecutor named Adam Hickey were flying back from a meeting with the victims of the PLA hackers.
At the Pittsburgh airport, Carlin lamented the obvious: None of the hackers would face a US courtroom anytime soon.
Everyone at the Justice Department knew it would take more than a single “name and shame” campaign to change the calculus of Chinese behavior; the US needed to apply pressure on multiple fronts, perhaps building up to a threat of sanctions.
Now that they’d made their opening gambit, prosecutors needed a next move, preferably one that would actually put someone in handcuffs.
Sitting in the terminal Carlin said, “The next case, we need a body.”
Hickey smiled. “Actually, I’ve got a case I want to talk to you about,” he said.

Kevin and Julia Garratt

THE FBI REMAINS cagey today about where and how the conspirators first appeared on the agency’s radar.
The bureau will say only that it opened its investigation after seeing emails between them.
Reading between the lines, the case likely began with intercepts from the NSA, passed through the intelligence community from Fort Meade to the FBI.
Eventually, in late summer 2012, a trove of emails between three Chinese agents landed on the desk of supervisory special agent Justin Vallese, who runs a squad of cyber agents in the FBI’s Los Angeles field office.
“From day one, we knew it was bad,” Vallese says.
“The contents of those emails are pretty explosive.”
One message, which bore an attachment entitled “C-17 Project Reconnaissance Summary,” appeared to suggest a broad outline of the project therein: a successful, long-term effort by hackers to steal the design secrets of one of America’s most advanced cargo aircraft, the C-17 military transport.
A $202 million-per-unit craft developed by Boeing, the C-17 had been one of the most expensive military planes ever developed by the US Air Force, costing more than $31 billion to create in the 1980s and ’90s.
Since its completion, the C-17 had become a key means of delivering troops, vehicles, and supplies to the front lines of the wars in Afghanistan and Iraq, as well as delivering humanitarian supplies the world over.
It’s also used to transport the president’s armored limousines around the globe.
American intelligence agencies knew that, for years, the Chinese had been struggling to build their own large cargo plane, a necessary tool for any modern military that wants to project its power over a large area.
Now Beijing was evidently making some headway—by raiding Boeing’s trade secrets to build what was essentially a Chinese version of the C-17.
Right away, the FBI alerted Boeing to the intrusions. (Boeing declined to comment on this story.) After that, agents in Los Angeles began wading through encrypted attachments and translating each message from Chinese.
The emails would ultimately give them an incredibly detailed picture of the inner workings of a Chinese espionage operation.
Not only that, they realized, it might also give them a chance to actually arrest someone.
Two of the conspirators—the ones who did the actual hacking—were out of reach in China.
But the third was a successful businessman named Su Bin, and he was based right here in North America, just a three-hour flight from the agents’ offices in LA.
Su, who in the West went by Stephen, owned an 80-employee Chinese aviation-technology firm called Lode-Tech and, according to The Globe and Mail, had a comfortable $2 million house in Richmond, British Columbia.
He had two kids, both born in Canada; his wife had been a gynecologist, and his oldest son went to college in Switzerland.
In 2012, he was interviewed by The Wall Street Journal as part of a story about wealthy Chinese decamping for the West.
He said he was the son of an army officer and that he had made millions as an aerospace entrepreneur.
He told the Journal that he found the rules of the West less restrictive.
“Regulations [in China] mean that businessmen have to do a lot of illegal things,” Su said at the time.
From what the agents could reconstruct, the hacking conspiracy had begun as early as 2009. 
Su’s contributions as a spy, the agents realized, were intimately tied to his work as an entrepreneur. 
“Su Bin was what we’d call in the traditional espionage world a spotter—someone who would tee up targets for a nation-state,” explains Luke Dembosky, one of the prosecutors overseeing the case.
Through Lode-Tech, Su had a deep network of industry contacts, and his team’s espionage began with mining his knowledge of the field: He would direct his hacker colleagues toward particularly interesting engineers and corporate personnel in the aerospace industry. 
Then the hackers likely used basic techniques—standard phishing emails—to attempt to penetrate company executives’ email accounts and, from there, access restricted corporate networks.
According to court records, once the hackers got inside a network—through “painstaking labor and slow groping,” as they put it—they went back to Su Bin. 
They would send him lists of the files they’d uncovered; he would then highlight in yellow the most valuable documents that they should exfiltrate, guiding them through what they were uncovering. (Investigators came to enjoy the secret irony in Lode-Tech’s tagline, printed in big letters on its website: “We will track the world’s aviation advanced technology.”)
It was tedious work.
Some of the file directories ran to thousands of pages; in one dump of nearly 1,500 pages, Su meticulously highlighted 142 files that seemed most likely to be useful to his Chinese Army contacts—files with names like C17Hangar Requirements 112399.pdf and Critical Safety Item(CSI) Report_Sep2006.pdf.
In another 6,000-page ­directory, he picked out the 22 most promising file folders—hitting on one that FBI agents later calculated contained more than 2,000 files related to the C-17.

ALL TOLD, ACCORDING to their own accounting, Su and his two Chinese partners stole 630,000 files related to the C-17, totaling about 65 GB of data. 
“We safely, smoothly accomplished the entrusted mission in one year, making important contributions to our national defense scientific research development and receiving unanimous favorable comments,” the team wrote.
The C-17 wasn’t the hacker’s only target; they filched information about other aircraft as well. Investigators believe they pillaged 220 MB of data related to the F-22 Raptor, as well as files related to the F-35, including its flight test protocols, which Su carefully translated into Chinese. 
The thefts would be critical to helping the Chinese understand—and copy—the world’s most advanced multirole fighter plane, which had cost $11 billion to develop.
The more they dug, the more the agents realized what a uniquely valuable conspirator Su Bin was, perhaps even sui generis as a spy. 
He was conversant with the aerospace community, and he spoke English, Chinese, and the technical jargon of aviation in both languages, able to translate the complex world of industrial design schematics, plans, and handbooks.
“I don’t know how many Su Bins there are,” Vallese says.
Su’s hacking effort provided a staggering return on investment for the Chinese government: According to court documents, the operation cost China around $1 million—an absolute pittance compared to the decades of engineering knowledge, military technology, and construction details that Su and his team were able to steal from Boeing and the US Air Force. 
The team’s overseers ran such a tight ship that Su griped in an email about the difficulty of getting ­reimbursed for expenses.
According to court documents, the hackers covered their tracks by pinballing stolen files through a sophisticated international server network, with machines planted in the US, Singapore, and Korea. 
They carefully disguised documents as they stole them, so as to circumvent the internal intrusion alarms at Boeing.
Then they were careful to move their digital contraband through at least three foreign countries, ensuring that at least one had unfriendly relations with the United States, to throw pursuers off China’s scent.
Ultimately, the files would be deposited on machines near Hong Kong and Macau.
There, officials would pick them up and transfer them back to China—in person, further covering all tracks between the United States and China.
But the evidence the FBI had collected left no doubt that the ultimate customer was the Chinese military—and that Su Bin’s partners were members of the military themselves. 
While the two hackers in China have not been charged publicly, the US government knows who they are; according to court records, investigators intercepted an email that one of the hackers had received with a copy of his own ID card, which included his photo, name, and date of birth.
Similarly, emails the FBI traced to the other hacker, one with the subject line “boss,” included photos of both men in Chinese military uniforms.
By late spring 2014, around the time Carlin was sitting in the Pittsburgh airport with Hickey, the FBI had assembled everything it needed to make a case against Su Bin; as it happened, the timing coincided with the Justice Department’s newfound desire to charge someone with Chinese espionage. “We were fortunate to get Su into a place where there was an interest and an appetite for an arrest,” Vallese says.
“We had the right subject and had the ability to put hands on him.”
To actually arrest Su, the FBI needed the cooperation of Canadian authorities.
Once again, timing may have worked in the case’s favor.
Around the same time when the FBI was asking for the Royal Canadian Mounted Police’s help in detaining Su Bin, according to The Globe and Mail, Canada was responding to a massive attack by state-sponsored Chinese hackers who had penetrated the network of its National Research Council, which leads the country’s research and development efforts.
Given the chance to help break up a Chinese hacking ring, authorities north of the border were perhaps unusually motivated to help.
In any case, they said yes.
By June 2014, the investigative teams knew that Su Bin was planning to leave the country for China—though no one knew for how long.
They decided that now was the time to act.
A few days before his scheduled trip, Canadian authorities pulled Su Bin over and arrested him.
Right away, China knew that one of its most valuable intelligence assets had been caught.
While the “Wanted” posters and Eric Holder’s indictment of five military hackers had certainly made an impression on Beijing, Carlin says that the follow-up case against Su Bin—which actually brought a spy into custody—helped shape the Chinese response even further.
“The Su Bin case, all but unnoticed by the public, had a large impact on Chinese thinking,” says Carlin, who has coauthored with me a new history of the government’s approach to cyberthreats.
“In the space of barely a month, the United States had taken overt steps against two major Chinese economic espionage operations.”
Vallese says the FBI expected it would be an ordeal to get Su Bin back from Canada.
International extraditions, even from close partners and allies, are always complicated.
“We weren’t under any impression this was going to be easy,” Vallese says.
As Su Bin prepared for his initial court appearances, China quickly decided to send a not-so-subtle message to Canada.
To make America’s northern neighbor think twice about allowing the extradition of Su Bin to the United States, it appears the Ministry of State Security had Kevin and Julia Garratt invited to dinner in Dandong.

AFTER THEIR DETENTION, the Garratts found themselves caught in China’s Kafkaesque justice system, interrogated regularly but with nothing to confess.
Their family retained James Zimmerman, an American lawyer with the firm Perkins Coie, who had spent nearly two decades working in Beijing.
He began to piece together the case against the couple.
The Chinese government, he realized, was leveling charges against Kevin Garratt that were almost a mirror image of the US charges against Su Bin.
The Chinese Foreign Ministry told The New York Times that the Garratts were being investigated for stealing intelligence “about Chinese military targets and important national defense research projects, and engaging in activities threatening to Chinese national security.”
As if that weren’t menacing enough, on February 19, 2016, China amended the indictment against Kevin to include more serious charges.
The “evidence” against Kevin, though, appeared mainly to be that he had a history of taking fairly unremarkable photographs in public places—going to Tiananmen Square, say, and filming the soldiers marching around and raising the flag, Zimmerman says.
“Getting caught up with China’s politically driven criminal justice system can be a bleak, depressing experience,” Zimmerman says.
“Due process in China is a different animal than in most Western judicial systems. While the investigators are not allowed to torture the suspects, mistreatment is a matter of definition.”
He spent months shuttling back and forth between meetings with the Chinese Ministry of Foreign Affairs, the Ministry of Commerce, and Canadian embassy officials.
“My goal was to plead to them that this case was not good for China given the dearth of evidence and the potential for a public backlash.”
Later, Kevin Garratt would precisely recall the outline of the cell he shared with as many as 14 prisoners in China: “About 12 paces by five and a half.”
But even if the diplomatic aftermath of Su Bin’s hacking operation was spinning wildly out of control, the operation’s military objective was just coming to fruition.
In November 2014, while Su Bin and the Garratts sat behind bars, the Chinese rolled out their own knockoff military cargo plane at an annual air show in Zhuhai.
At the show, the Xi'an Y-20—codenamed Kunpeng after a mythical ancient Chinese bird capable of flying long distances—was parked across the tarmac from an American C-17.
Aviation enthusiasts noted how similar the two planes looked, right down to the design of their tail fins.
The Chinese plane had met its American doppelgänger, just feet apart.

TO ANYONE MONITORING the traffic of Chinese cyberthefts, the one-two punch of the PLA indictments and the Su Bin arrest seemed to make a real difference.
“Since mid-2014, we have seen a notable decline in China-based groups’ overall intrusion activity against entities in the US and 25 other countries,” the cybersecurity firm FireEye concluded in one report.
Many inside the government had worried that the Justice Department’s newly aggressive stance would backfire.
But as it turned out, it was the Garratts who suffered the negative repercussions; otherwise the indictments and Su Bin’s arrest seemed to have compelled China to put the brakes on its hacking.
Because the sky hadn’t fallen, the Obama administration felt emboldened to keep pushing harder. China, they figured, saw its economic espionage—like all espionage—via the lens of cost-benefit analysis.
With the indictment and arrest of Su Bin, the Americans felt that they had begun to change one side of that equation—and now it was time for them to up the ante.
Xi Jinping was scheduled to make his first state visit to Washington at the end of September 2015.
In the weeks leading up to the visit, the Obama administration set out to bring the tensions between the two nations to a head.
In August 2015, The Washington Post ran an article warning that the US government was getting ready to issue sanctions targeting China for its hacking.
In September, Obama addressed a group of business leaders: “We are preparing a number of measures that will indicate to the Chinese that this is not just a matter of us being mildly upset but is something that will put significant strains on the bilateral relationship if not resolved. We are prepared to take some countervailing actions in order to get their attention.”
Other officials, including national security adviser Susan Rice, pressed the message behind closed doors: China’s behavior had to change.
The warnings, both public and private, got through.
Just days before Xi’s visit, Beijing dispatched a large, high-level delegation to Washington.
“The Chinese saw they had a big potential embarrassment brewing,” Justice Department deputy assistant attorney general Luke Dembosky recalls.
No one on the Chinese side wanted Xi’s first state visit to become a showdown over cybersecurity. “They had to let the air out of the balloon.”
The conversations, which included Department of Homeland Security secretary Jeh Johnson and White House cybersecurity coordinator Michael Daniel, began with a firm message from the Americans: Don’t even bother denying this is your typical behavior. Let’s move past that.
For days, the negotiations were tense and stilted.
But finally, on the night before the delegation was set to return home, the Chinese called the White House for a final set of talks.
“I was all set to go home, and I got a call at 6:30: ‘Can you be at the White House at 8?’ ” Dembosky recalls.
It turned out to be too late to arrange access to the White House, so the groups met at the Omni Shoreham Hotel instead, perched on the edge of Rock Creek Park.
Aides from the White House, the Justice Department, the Department of Homeland Security, and the State Department, among others, talked through the night with the much-larger Chinese delegation. All of them were aware that the Chinese had a deadline to make their 7:30 am flight home.
“It was one of the most constructive dialogs I’ve ever been part of. For a brief moment, the stars were aligned. They were highly motivated to do the right thing,” Dembosky says.
By morning, they’d worked out an agreement for the two presidents to sign later in Washington.
A few days later, on September 25, 2015, Barack Obama and Xi Jinping met privately.
As Obama recapped the meeting to the press, he said he had “raised once again our very serious concerns about growing cyberthreats to American companies and American citizens. I indicated that it has to stop. The United States government does not engage in cyber-economic espionage for commercial gain.”
Then the president made an announcement in the Rose Garden that many US leaders had never thought they’d hear: “Today, I can announce that our two countries have reached a common understanding on the way forward. We’ve agreed that neither the US or the Chinese government will conduct or knowingly support cyber-enabled theft of intellectual property, including trade secrets or other confidential business information for commercial advantage. In addition, we’ll work together, and with other nations, to promote international rules of the road for appropriate conduct in cyberspace.”

THE WORLD’S TWO largest superpowers had broken new ground, but the travails of the Garratts and Su Bin dragged on.
Julia had been released on bail but was ordered to stay in China, and in January 2016 the Chinese government announced it would try Kevin for espionage.
“Chinese authorities also found evidence that implicates Garratt in accepting tasks from Canadian espionage agencies to gather intelligence in China,” the Xinhua news agency reported.
Behind the scenes, though, the Chinese acknowledged that the charges were absurd—and that there was an easy path for the Garratts’ release, says the couple’s lawyer.
As Zimmerman told The New York Times, “The Chinese made it clear that the Garratt case was designed to pressure Canada to block Su Bin’s extradition to the US.”

STOLEN SECRETS
The C-17 isn't the only product to have its design lifted by hackers. 
Over the past decade, Chinese economic espionage has affected thousands of businesses worldwide, from vacuum-makers to paint manufacturers. —Andrea Powell

  • Dyson: Since 2011, British inventor James Dyson has been accusing China of hacking the trade secrets of his eponymous fan and vacuum empire.
  • DuPont: In 2014, a man in California was convicted of stealing DuPont’s formula for titanium dioxide—a white pigment used in everything from paint to Oreos—on behalf of the Chinese government.
  • American Superconductor: This maker of wind turbines lost more than a billion dollars after its Chinese partner company, Sinovel, used a spy to steal source codes for the machines.
  • Westinghouse: In 2010, while Westinghouse was building a few power plants in China, a hacker stole specs for how the company designs and routes the pipes running through its generation facilities.
  • Military Projects: In addition to helping Chinese hackers steal plans for the C-17, Chinese-Canadian businessman Su Bin was also charged with pilfering specs for the F-22 stealth fighter plane.


But in February 2016, Su Bin himself foiled China’s bargaining position.
He waived extradition, deciding he would go freely to the US to face charges.
His lawyer later told a US court that Su Bin knew that his extradition proceedings might last longer than the time he’d serve in a US prison.
FBI agents flew to Vancouver and prepared to take custody of Su; Vallese and several colleagues waited next to the FBI’s Gulfstream jet as a Canadian police motorcade pulled onto the tarmac.
“Su was in the backseat of the SUV, sandwiched between two Canadian law enforcement officers,” Vallese recalls.
“All of us got chills.”
On the flight back to California, Vallese says the talk among the agents and Su turned to aviation.
He complimented the FBI’s plane.
Making chitchat, one of the agents asked him if he had a favorite jet.
“Not the C-17,” Su deadpanned.
On March 22, 2016, Su Bin pleaded guilty.
His 35-page agreement was perhaps the most detailed firsthand explanation of China’s spying apparatus ever released in public.
“It was the first time we’d had that kind of success—the first time we’d had someone owning their part in an intrusion like this,” Vallese says.
Su Bin declined to speak publicly, though, in court: “I lost my words now,” he said at his sentencing, where a judge handed him 46 months in federal prison and ordered him to pay a $10,000 fine.
With time served, he was released in October 2017.
The case against the Garratts rapidly unraveled in the wake of Su Bin’s decision to waive extradition. Julia was able to leave China in May 2016, and Kevin was released that September, though he had to pay nearly $20,000 in fines and penalties—money that had been partly designated for a North Korean orphanage project and other aid work.
This spring, FBI director Christopher Wray stated in public what people in cybersecurity circles had been seeing for a while: China is back to its old tricks. 
It is once again infiltrating US computer systems and stealing information at a massive scale. 
“There’s no country that’s even close,” Wray told NBC News in March this year.
“We’re talking about big damages,” President Trump recently told Reuters.
“We’re talking about numbers that you haven’t even thought about.”
“There’s been a massive pickup in the last year and a half,” says Dmitri Alperovitch, cofounder of the cybersecurity firm CrowdStrike.
For a variety of reasons, the 2015 truce between China and the United States didn’t hold—in a way, it’s because both countries have ceased to acknowledge it.
President Donald Trump’s trade war against China has largely been couched as a way to punish China for its years of rampant intellectual property theft. 
“After years of unsuccessful US-China dialogs, the United States is taking action to confront China,” wrote the US Trade Representative’s office.
Between 2005 and 2014, the main force behind China’s campaign of cybertheft was the People’s Liberation Army.
In turn, after the outing of the five PLA soldiers in 2014, that agency bore most of the embarrassment and blame for China’s weakened hand in negotiations with the US.
Since 2016, for a host of reasons, the army has had its wings clipped politically by Xi Jinping, both through a reorganization and through anticorruption drives that have seen numerous government officials sidelined, imprisoned, and, in at least one case, even sentenced to death.
Into the vacuum left behind by the PLA, the Chinese Ministry of State Security—a powerful agency that combines elements of the CIA, the FBI, and the NSA—has apparently stepped in and become China’s new central office for cybertheft.
“The PLA have stepped back significantly, but the MSS and their affiliated contractors have stepped into that void,” Alperovitch says.
These new hackers with the Ministry of State Security have evidently learned from the PLA’s mistakes.
“They’ve gotten steadily better,” Alperovitch says.
“They’re thinking much harder about how to be more stealthy.”
After all, no Chinese hacker wants to be the next one splashed across an FBI “Wanted” poster.

Adapted from Dawn of the Code War: Inside America’s Battle Against Russia, China, and the Rising Global Cyber Threat, by John P. Carlin, with Garrett M. Graff (PublicAffairs), published October 2018.