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Charges Dropped After Alleged Chinese Intervention in University Of Michigan 'Worm' Smuggling Case, Lawyers Say

Charges Dropped After Alleged Chinese Intervention in University Of Michigan 'Worm' Smuggling Case, Lawyers Say
FILE - The Theodore Levin United States Courthouse is photographed in Detroit on July 11, 2011. (AP Photo/Carlos Osorio, File)(ASSOCIATED PRESS)

The Justice Department abruptly asked a judge to dismiss federal charges against three Chinese research scholars at the University of Michigan after they had spent over three months in custody, defense attorneys say, and they allege the Chinese Consulate in Chicago intervened. The seized packages reportedly contained mostly tiny, nonhazardous worms used in routine lab work; prosecutors had touted the arrests as a national-security success. Two other researchers in related cases pleaded guilty or no-contest and were deported.

DETROIT — Federal charges against three Chinese research scholars at the University of Michigan were abruptly dismissed after more than three months in custody, defense attorneys say — and they allege intervention by Chinese consular officials helped secure the outcome.

Case Dismissed After Diplomatic Talks, Defense Says

The Justice Department asked a federal judge in Detroit on Feb. 5 to dismiss the case, and the three defendants returned to China soon after. The U.S. Attorney's Office in Detroit declined to comment on whether any diplomatic activity affected the decision; the Chinese Consulate in Chicago did not immediately respond to requests for comment.

What the Charges Allege

Prosecutors had charged Xu Bai and Fengfan Zhang with conspiring to assist a colleague who shipped biological materials from China to the United States before arriving to conduct temporary laboratory research at the University of Michigan. A third defendant, Zhiyong Zhang, faced an accusation of making false statements to federal investigators. All three were admitted to the U.S. as temporary research scholars.

“The dismissal came as a pleasant surprise,” said defense lawyer John Minock, who added that he had been told of "some kind of intervention by the Chinese Consulate in Chicago."

Another defense attorney, Ray Cassar, said his team was negotiating a misdemeanor plea deal when prosecutors unexpectedly withdrew the case. Cassar described the defendants as Ph.D. students whose careers could be severely damaged by harsher penalties.

The Materials Involved

Authorities seized packages that defense lawyers and outside experts said contained mostly tiny, transparent worms commonly used in laboratory research. Defense attorneys argued the specimens posed no public-health threat and were intended for routine experiments such as studies of chemical reactions and light sensitivity. An Indiana University expert, Roger Innes, said he reviewed evidence in a related case and found no risk to people in the U.S.

Defense counsel also said labeling problems on the packages may have reflected the sender's desire to avoid export or customs delays, not an intent to deceive U.S. authorities.

Related Cases

In a connected matter, Chengxuan Han pleaded no contest in September to charges of smuggling and making false statements; she served three months in jail and was deported to China. In another separate case, Yunqing Jian, a temporary researcher at a campus lab, pleaded guilty to similar charges involving a common plant fungus and was deported after five months in custody.

What This Means

The swift dismissal has renewed debate about how prosecutors assess biological-material cases involving international researchers and the role diplomatic engagement can play in high-profile investigations. With limited public comment from officials, many questions about prosecutorial reasoning and any diplomatic negotiations remain unanswered.

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