By Matthew Russell Lee, Patreon Maxwell Book
BBC - Guardian UK - Honduras - ESPN
Federal Courthouse, August 11 – The day after the SDNY prosecution of Zhongsan Lui for illegal recruitment in the US was covered by Inner City Press, from EDNY on March 16 came this was e-mailed to the Press:
"Two complaints were unsealed and one amended complaint was authorized today in federal court in Brooklyn charging five defendants with various crimes related to efforts by the secret police of the People’s Republic of China (PRC) to stalk, harass, and spy on Chinese nationals residing in Queens, New York and elsewhere in the United States... Fan “Frank” Liu and Matthew Ziburis were arrested yesterday, while Shujun Wang was arrested this morning. All three arrests occurred in the Eastern District of New York. The defendants’ initial appearances are scheduled this afternoon in Brooklyn before United States Magistrate Judge James R. Cho."
Just after 3 pm on March 16, Breon Peace, United States Attorney for the Eastern District of New York, held a telephone press conference, to his credit, and took four questions. Inner City Press asked about the role of the UN and China's Mission to the UN, noting the NYPD Angwang case and the recent persona non grata removal of a UN staff member for working for Russia. The answer, for now, was that China's intimidation is growing wider.
Jump cut to August 11, when a status conference was held in the expanding case. But now, Breon's Peace's spokesman John Marzulli is refusing to answer Inner City Press questions, and not even sending it his / the public's EDNY Press Guidance. Inner City Press live tweeted the proceeding then e-mailed Marzulli and his associate Danielle Blustein Hass some question. Thread here:
OK - now in EDNY, Chinese accused spying & threats case of Liu, ZIBURIS, Taylor & Miller . EDNY AUSA Alexander A. Solomon says that Ziburis is engaged in plea negotiations, discovery is being prepared for the other defendants. One of the other defendants says they got Solomon's letter (maybe EDNY is giving copies free to its supporters), but not the docs
Judge LaShann DeArcy Hall asks Ziburis' counsel if he has anything to say. He does not, other than how to pronounce his client's name. Judge asks about the amount of discovery, on which it was said 60 days to review will not be enough.
AUSA Solomon: With respect to Mr. Taylor, there is an iCloud account to go through as well as 1 or 2 email account returns, and monitored reporting of conversations of Mr. Taylor and a co-conspirator. For others, devices and Internet accounts.
Chinese interpreter asks AUSA Solomon to speak more clearly.
"iCloud!" he says. After a long interpretation, Judge tells AUSA Solomon he hasn't answered on the volume of discover, "please reformulate your response." Interpretation follows.
AUSA Solomon: For Mr. Liu there is a terabyte of information. We're translating. Judge: I am amenable to setting a next conference in 90 rather than 60 days. Defense lawyers have no objection. So, November 15 at 9:30 am. EDNY "news" may not announce it, but we will.
Not listed in this proceeding, but still in the docket, is co-defendent Qiang Sun a/k/a Jason Sun. Maybe he's on the lam? Inner City Press will ask @EDNYnews Breon Peace spox @Marzullij , but yesterday he answered no questions, sent no information. #China
Judge: I exclude time under the Speedy Trial Act, until November 15. Anything else? Defense: nothing. EDNY AUSA Solomon: Not from the government. Adjourned. Question will be emailed
And they were emailed Marzulli and Danielle Hass: "Good morning. On 22-cr-311, this morning AUSA Solomon said there are plea negotiations with Matthew Ziburis. On deadline, is your Office notifying any victims? Also, to be sure, what is the status of co-defendant Qiang Sun also known as Jason Sun, who was not on the call? Reiterating yesterday's request(s) and unanswered questions about telephonic conferences canceled on Russian hacker (second cancelation) and in the Run-DMC case. No longer on deadline on that. Was the Liu proceeding listed in EDNY's Press Guidance? If so, why is that not being sent to Inner City Press, and separately, why is it not placed the night before on the EDNY website for the public to see, since it's public information compiled with public funds? Thanks.
So far, no answer. Does US Attorney Breon Peace know of and take responsibility for this stonewalling, on a Chinese government threat case he previously answered Inner City Press' question on but none through spokesman won't answer any questions, even on the victims? Watch this site.
Back on March 16 Inner City Press live tweeted the presentments in which all three were bailed, thread here:
OK - now in EDNY, presentment of defendant Fan “Frank” Liu, charged with interstate harassment, operating as agent of China without FARA notification, etc Liu's lawyer: I think we have arrived at something close to an agreement on bond. [Lui will be released -- note that NYPD Angwang wasn't, at first - now he's out]. Judge James R. Cho: What's the proposed bail package?
AUSA: We are close.
AUSA: One million bond with attachment of Mr. Liu's two properties, one in Jericho NY and the other in Florida. Electronic monitoring with a curfew. Cannot to go PRC consultate [UN Mission of China on 35th Street]. US wants $100,000 case. Lui says 25K
AUSA: We're stuck at $50,000. The defendant has $3 million in funds related to this case have been transferred into his and his wife's account. He was an agent of the PRC. He's had extensive contacts with the PRC consulate.
Lui's lawyer: The US is only alleging payments of $1500 to a private investigator for public record. There's the destruction of a work of art by a "not particularly famous Chinese artist." Frank Liu has Edgar Frankbonner from the firm of Goldberger & Dubin.
Frankbonner: Until recently he had a second home in Queens. $50,000 bail is an "extortionary sum." He's not a flight risk. This is not a crime of violence. I understand the insinuations. It's unsavory, sure. But he he turns in his passport, no flight risk.
Frankbonner: $25,000 would not put them in the poor house. $50,000 would. It's unusual to wait until the bond is perfected to release the person. [Note: It is not unusual, at least in SDNY]
AUSA: Mr. Lui traveled to China three years ago. All he needs to go is go to the PRC Consulate in Manhattan. And he's gone. This entire case is about his connections to the PRC and what he is doing for them here in the US
James James R. Cho: I'm setting bail at $30,000 and he does not have to wait to perfect the bond. AUSA: Until properties attached, home imprisonment?
Defense: We object.Defense: It only takes a few days to attach the properties. He's a working person and needs to go about his life. James James R. Cho: Home incarceration until Friday. Is the suretor here? Have her stand by the podium. Lui's wife comes forward.
Lui's wife states their address, which Inner City Press is not publishing here. Judge: I am approving bail today. Thread(s) will continue - and story later.
OK - Now US pushing for electronic monitoring of Shujun Wang - Federal Defenders opposing it Inner City Press @innercitypress · 43m Judge: I am prepared to sign the bond. Mr. Wang, you will be released. We are adjourned.
But wait - there's more! Now at 6:38 pm the presentment of Lui's and Wang's co-defendant Matthew Ziburis with taxpayer funded lawyer Tony Ricco. Judge: You are charged with violating FARA and with harassing inter-state and ID theft.
US is agreeing to pre-trial release on $500,000 bond signed by girlfriend and mother who owns a house in Ohio, and $15,000 cash, all to be done by Friday until which time, electronic monitoring. Counsel: Fine.
Ziburis’ girlfriend is a teacher, she says. They call his mother in Ohio, who says "What is this?" "Judge Cho from New York. How are you?" "Upset! I don't understand this!"
Judge Cho reads an address, and asks Ziburis’ mother, Do you live there? "No, that's his father." Judge: And you don't live there? A: I don't. [She gives another address that we will not publish.] She's on Social Security.
Ziburis’ mother: What did he do? Judge: I don't think I need to summarize that right now. Good bye. [Dial tone.] Now AUSA contests Ziburis' eligibility for appointed counsel, says "may revisit it."
We'll have more on this
Ongoing disclosure: This post-March 16, 2022 report was prepared without any assistance or answers from Eastern District of New York US Attorney's Office spokesman John Marzulli, ex-Daily News, who without hearing or appeal on August 8, 2022 decreed that said "his" / EDNY's publicly-funded information will henceforth go to some (including outside of New York) but not others, or other, like NYC-based Inner City Press. We have requested reconsideration, still unacted on. We'll have more on this.
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