In October 2020, the U.S. Department of Justice (DOJ) filed charges against eight individuals accused of operating “repatriation squads” in the United States on behalf of the People’s Republic of China (PRC). It announced additional charges in the case on July 22, 2021—just two days after it announced charges against three individuals accused of infiltrating the U.S. political system on behalf of the United Arab Emirates (UAE).

These cases are notable for a number of reasons. The first is that the defendants charged in these cases include both foreign nationals and U.S. citizens. Additionally, the allegations in both cases go back several years, showing that the DOJ and the Federal Bureau of Investigation (FBI) are intent on prosecuting the defendants in these cases by all means available. The substantive allegations in each case are notable for their brazenness as well, and the fact that the DOJ announced the charges in these two cases in such short succession indicates that there are likely similar cases (and perhaps many similar cases) in the pipeline.

"The DOJ, FBI, and other federal authorities currently appear to be focused on cases in which U.S. citizens and foreign nationals are accused of acting as agents of foreign governments. There are serious allegations that carry national security implications, and the defendants charged in these cases are at risk for substantial penalties." – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.

Federal Law and Policy on Acting as Agents of Foreign Governments on U.S. Soil

Under federal law, there are strict prohibitions on acting as an agent of a foreign government on U.S. soil without formal authorization. Those seeking to act as agents of foreign governments must first register with the U.S. Attorney General, and they must abide by all applicable laws and protocols.

Clandestine and covert operations are prohibited, whether those operations focus on repatriating foreign nationals for prosecution or seeking to influence the decisions of elected or appointed federal officials.

These matters fall within the realm of national security; and, as such, they are top priorities for the DOJ, FBI, and other federal law enforcement agencies. Federal authorities do not tolerate secretive domestic operations by or on behalf of foreign governments, and they treat all efforts to infiltrate the U.S. political system and our democracy with the utmost severity.

Individuals accused of acting as agents of foreign governments on U.S. soil can face a variety of charges. This is true for both foreign nationals who travel to the U.S. on behalf of their governments and U.S. citizens who assist with foreign nationals’ unlawful efforts. Examples of possible charges in these cases include:

• Acting as an illegal agent of a foreign nation without prior notification to the U.S. Attorney General
• Interstate and international staking
• Obstruction of justice
• Conspiracy to commit all of the above

If convicted, U.S. citizens and foreign nationals can face substantial fines and decades of imprisonment in the United States. Federal prosecutors are aggressively pursuing convictions and seeking harsh sentences in order to deter similar conduct in the future.

As stated by one Acting U.S. Attorney involved in the prosecution of the UAE case referenced above (and discussed in greater detail below), “The[] arrests serve as a warning to those who act at the direction of foreign governments without disclosing their actions, as well as those who seek to mislead investigators about their actions, that they will be brought to justice and face the consequences.”

Chinese Nationals and U.S. Citizens Charged with Acting as Illegal Agents of the PRC

The DOJ issued a press release on July 22, 2021 announcing charges against nine individuals charged with acting in the United States as illegal agents of the PRC, among other crimes. The charges came in the form of a superseding indictment, as the DOJ had previously secured an indictment against seven of the defendants in October 2020.

The charges stem from the defendants’ alleged operation of a “concerted and extralegal repatriation effort” in the United States. According to the DOJ, “the defendants allegedly acted at the direction and under the control of PRC government officials, conducted surveillance of and engaged in a campaign to harass, stalk and coerce certain residents of the United States to return to the PRC.”

The DOJ also alleges that one of the defendants who worked as a prosecutor in the PRC, “traveled to the United States, directed the harassment campaign and ordered a co-conspirator to destroy evidence to obstruct the criminal investigation.”

The DOJ’s press release goes on to outline a host of additional allegations against the defendants. All of the allegations relate to the defendants’ efforts to repatriate Chinese nationals living in the United States. Among other illegal acts, the DOJ alleges that some or all of the defendants engaged in the following acts in violation of U.S. law:

• Threatening, harassing, surveilling, and intimidating two Chinese nationals living in the U.S. in order to convince them to return to the PRC to face prosecution.
• Traveled to the U.S. and directed non-official operatives in the United States in violation of U.S. criminal law.
• Transporting the elderly father of one of the targets to the U.S. in order to “convey a threat . . . that his family in the PRC would be harmed if he did not return to the PRC.”
• Deleting communications for the purpose of “evad[ing] detection and frustrat[ing] a criminal investigation of their conduct.”
• Attempting to force their way into a target’s residence and then leaving a letter which stated, “If you are willing to go back to the mainland and spend 10 years in prison, your wife and children will be all right. That’s the end of this matter!”

The DOJ also alleges that the Chinese government is responsible for authorizing the defendants’ alleged conduct: “As noted in the superseding indictment, the Chinese government sent operatives to America to harass, surveil, and coerce U.S. residents to return to China. These acts are undemocratic, authoritarian, and contrary to the rule of law.” The DOJ’s press release indicates that the individuals who the PRC sought to repatriate were wanted for “‘embezzlement, abuse of power [and] acceptance of bribes’ which carried a maximum possible penalty of death under PRC law,” and “‘accepting bribes’ which carried a maximum possible penalty of life imprisonment under PRC law.”

The DOJ has placed particular emphasis on targeting illegal activity conducted by and on behalf of the Chinese government in recent years.

The DOJ’s China Initiative, launched in 2018, is another relatively recent example, but federal prosecutors have long targeted Chinese nationals operating in the U.S. for a broad range of charges. It appears that the DOJ will maintain this focus into the foreseeable future, and Chinese nationals accused of violating U.S. federal law can expect to face swift and aggressive prosecution in federal criminal court.

UAE National and Two U.S. Citizens Charged with Unlawful Efforts to Advance the Interests of the UAE in the U.S.

On July 20, 2021, the DOJ announced charges against a UAE national and two U.S. citizens who are accused of engaging in unlawful efforts to advance the interests of the UAE in the U.S. Specifically, the DOJ alleges that the defendants, operating at the direction of senior UAE officials, attempted to unlawfully advance the country’s interests, “by influencing the foreign policy positions of the campaign of a candidate in the 2016 U.S. presidential election and, subsequently, the foreign policy positions of the U.S. government in the incoming administration, as well as seeking to influence public opinion . . . .”

The DOJ’s press release goes on to allege that the defendants, “using their positions of power and influence in a presidential election year, engaged in a conspiracy to illegally advance and promote the interests of the United Arab Emirates in this country, in flagrant violation of their obligation to notify the Attorney General of their activities and in derogation of the American people’s right to know when a foreign government seeks to influence the policies of our government and our public opinion.” Specific allegations against the defendants include:

• Acting as agents of the UAE government without registering with the U.S. Attorney’s Office, in violation of U.S. federal law.
• Capitalizing on the one defendant’s friendships and “access to a candidate who was eventually elected president,” among other high-ranking U.S. government officials, to advance the UAE’s interests without disclosing their alliance to the UAE.
• Inserting language into a campaign speech to be delivered by then-Presidential candidate Trump that praised the UAE and emailing an advance draft of the speech to UAE officials.
• Using national press appearances and an op-ed in a national magazine to promote the interests of the UAE, removing certain language at the direction of UAE officials.
• Advising UAE officials to create a “wishlist” of policy objectives for delivery to “the incoming administration of the U.S. President-elect.”

In addition to charges related to acting as an agent of a foreign government, one of the defendants is also facing charges for making false statements to FBI special agents. This charge alone carries statutory fines and up to five years of federal imprisonment.