The
U.S. Justice Department released the below information:
A
Chinese national and researcher at the University of California, Los Angeles
has been arrested on federal charges of destroying evidence to obstruct an FBI
investigation after he was observed throwing a damaged hard drive into a
dumpster outside his apartment, the Justice Department announced today.
Guan
Lei, 29, of Alhambra, was arrested pursuant to a one-count criminal complaint
unsealed this afternoon during his initial appearance in United States District
Court.
The
criminal complaint alleges that Guan, who was in the U.S. on a J-1
non-immigrant visa, threw a damaged hard drive into a trash dumpster near his
residence on July 25.
The FBI recovered the damaged hard drive after
Guan was not allowed to board a flight to China and after Guan refused the FBI’s
request to examine his computer. The affidavit in support of the
complaint notes that the internal hard drive “was irreparably damaged and that
all previous data associated with the hard drive appears to have been removed
deliberately and by force.”
According
to the complaint, Guan is being investigated for possibly transferring
sensitive U.S. software or technical data to China’s National University of
Defense Technology (NUDT) and falsely denying his association with the Chinese
military – the People’s Liberation Army – in connection with his 2018 visa
application and in interviews with federal law enforcement.
Guan
later admitted that he had participated in military training and wore military
uniforms while at NUDT. One of Guan’s NUDT faculty advisors in China was
also a lieutenant general in the PLA who developed computers used by the PLA
General Staff Department, the PLA General Armament Department, Air Force,
military weather forecasts, and nuclear technology.
NUDT
is “suspected of procuring U.S.-origin items to develop supercomputers with
nuclear explosive applications” and has been placed on the Department of
Commerce’s Entity List for nuclear nonproliferation reasons, according to the
affidavit.
In
addition to destroying the hard drive, the complaint alleges that Guan
concealed digital storage devices from investigators and falsely told federal
officials that he had not had any contact with the Chinese consulate during his
nearly two-year stay in the U.S.
During
his initial appearance this afternoon, Guan was ordered detained by a United
States Magistrate Judge, who scheduled an arraignment for Sept. 17, 2020 .
A
criminal complaint contains allegations that a defendant has committed a crime.
Every defendant is presumed innocent until and unless proven guilty beyond a
reasonable doubt.
The
felony offense of destruction of evidence carries a statutory maximum sentence
of 20 years in federal prison.
This
case is being investigated by the FBI, Homeland Security Investigations, and
U.S. Customs and Border Protection. The U.S. Department of State’s Diplomatic
Security Service has provided substantial assistance during the investigation.
This
case is being prosecuted by Assistant U.S. Attorneys Will Rollins and George
Pence of the Terrorism and Export Crimes Section.