Indictment — United States v. Fan Liu et al. (E.D.N.Y., Dkt. 29, July 6, 2022)

Summary

An indictment filed July 6, 2022, in the U.S. District Court for the Eastern District of New York, Case No. 1:22-cr-00311, Document 29, naming Fan Liu, Craig Miller, Qiang Sun, Derrick Taylor and Matthew Ziburis as defendants. Count One charges Fan Liu and Matthew Ziburis with conspiring to act in the United States as agents of the government of the People's Republic of China without prior notification to the Attorney General, contrary to Title 18, United States Code, Section 951(a). Other counts are titled Conspiracy to Engage in Interstate Harassment, Misuse of Means of Identification, Conspiracy to Bribe a Public Official, Attempt to Obstruct Justice, Obstruction of Justice and False Statement. Two criminal forfeiture allegations follow.

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“Indictment — United States v. Fan Liu et al. (E.D.N.Y., Dkt. 29, July 6, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-22-cr-00311-dkt-29-e-d-n-y-80387d3378/, SHA-256 21e1ab34b262d9eb05527e80f21c3eae52d9ce4acd661c9808515317d195df3a.

Full text

Case 1:22-cr-00311-LDH Document 29 Filed 07/06/22 Page 1 of 11 PageID #: 212

**FILED**

DMP:AAS/EJD 4:59 pm, Jul 06, 2022
F. #2021R00184
U.S. DISTRICT COURT
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
EASTERN DISTzuCT OF NEW YORK
X

UNITED STATES OF AMERICA INDICTMENT
- against - 1:22-cr-00311(LDH)(VMS)
Cr. No.
(T. 18, U.S.C., $$ 371,981(a)(l)(C),
FAN LIU, 982(a)(2)(B), 982(bX I ), 1 00 I (a)(2),
also known as "Frank Liu," 1 028(a)(7), I 028(bX2XB), I 028(bxs),

CRAIG MILLER, I 028(c)(3)(A), I 5 1 2(c)( I ), 1 s r2(c)(2), 2
QIANG SLTN, and 3553 etSgg.; T.21, U.S.C., $ 853(p);
also known as "Jason Sun," T.28, U.S.C., $ 2461(c))
DERRICK TAYLOR and
MATTHEW ZIBURIS,

Defendants.

x
THE GRAND JURY CHARGES

COLINT ONE,
(Conspiracy To Act as Agents of a Foreign Government)

l. In or about and between January 2021 and March 2022,both dates being

approximate and inclusive, within the Eastern District of New York and elsewhere, the

defendants FAN LIU, also known as "Frank Liu," and MATTHEW ZIBURIS, together with

others, did knowingly and willfully conspire to act in the United States as agents of a foreign

government, to wit: the government of the People's Republic of China ("PRC"), without prior

notification to the Attorney General of the United States, as required by law, contrary to Title 18,

United States Code, Section 951(a).

2. In furtherance of the conspiracy and to effect its objects, within the

Eastern District of New York and elsewhere, the defendants FAN LIU, also known as "Frank
Case 1:22-cr-00311-LDH Document 29 Filed 07/06/22 Page 2 of 11 PageID #: 213

Liu," and MATTHEW ZIBURIS, together with others, did commit and cause the commission of,

among others, the following:

OVERT ACTS

a. ln or about and between January 2021 and March 2022,LIIJ

received instructions from QIANG SLIN, also known as "Jason Sun," to obtain derogatory

information about and surveil Chinese dissidents within the United States, including Dissident- l,

Dissident-2 and Dissident-3, individuals whose identities are known to the Grand Jury.

b. In or about January 202l,LIU paid a private investigator (the

"Investigator") to obtain the personal identifying information of Chinese dissidents.

c. In or about and between January 2021 and March 202l,LIIJ

requested that the Investigator obtain Internal Revenue Service ("IRS") reports on Chinese

dissidents.

d. In or about and between February 2021 and April2l2l, LIU and

ZIBURIS communicated about a plan to surveil Dissident-1 in california.

e. On or about March2,202l, LIU provided ZIBURIS with personal

identifying information be longing to D issident- 1 .

f. In or about and between March 2021 andNovember 202l,LITJ

paid a coconspirator ("CC-1"), an individual whose identity is known to the Grand Jury, to

provide LIU with personal identifying information for Chinese dissidents.

g. In or about July 2021, at LIU's request, CC-l tasked DERRICK

TAYLOR with obtaining immigration and customs information about Dissident-2.

h. ln or about July 2021, TAYLOR obtained the information about

Dissident-2 by having a coconspirator ("CC-2"), an individual whose identity is known to the
Case 1:22-cr-00311-LDH Document 29 Filed 07/06/22 Page 3 of 11 PageID #: 214

a
J

Grand Jury, access information about Dissident-2 via a law enforcement database and transmit it

to TAYLOR, who in turn transmitted it to CC-1.

i. In or about and between July 2021 and October 202|,LIIJ and

ZIBURIS communicated about a plan to surveil Dissident-2.

j. In or about August 2021, ZIBURIS emailed LIU with surveillance

reports regarding ZIBUzuS' surveillance of Dissident-2.

k. In or about October 2021, LIU paid CC- 1 to travel to Indiana and

surveil Dissident-2.

l. In or about October 202l,LIU and ZIBURIS communicated about

a plan to surveil Dissident-3.

m. In or about and between October 2021 andNovember 2021,LIU

paid CC-1 to obtain passport information for Dissident-3 and a member of Dissident-3's family

("the Daughter").

n. In or about and between October 2021 andNovember 2021, CC-1

obtained Dissident-3's and the Daughter's passport information for LIU by paying TAYLOR,

who then obtained the passport information by having CRAIG MILLER access it via a law

enforcement database and transmit it to TAYLOR.

(Title 18, United States Code, Sections 371 and 3553 et seg.)

COLINT TWO
(Conspiracy To Engage in Interstate Harassment)

3. In or about and between January 2021 and March 2022,both dates being

approximate and inclusive, within the Eastern District of New York and elsewhere, the

defendants FAN LIU, also known as "Frank Liu," QIANG sLrN, also known as "Jason Sun,,,

and MATTHEW ZIBURIS, together with others, did knowingly and willfully conspire to travel
Case 1:22-cr-00311-LDH Document 29 Filed 07/06/22 Page 4 of 11 PageID #: 215

in interstate and foreign commerce, with the intent to harass and intimidate one or more persons,

to wit: Dissident-1, Dissident-2 and Dissident-3, and in the course of and as a result of such

travel, to engage in conduct that would cause, would attempt to cause and would be reasonably

expected to cause the dissidents substantial emotional distress, contrary to Title 18, United States

Code, Section 2261 A(l)(B).

4. In furtherance of the conspiracy and to effect its objects, within the

Eastem District of New York and elsewhere, the defendants FAN LIU, also known as "Frank

Liu," QIANG SLIN, also known as "Jason Sun," and MATTHEW ZIBURIS, together with

others, did commit and cause the commission of, among others, the following:

OVERT ACTS

a. In or about and between February 2021 and April2027, LIU and

ZIBUzuS communicated about a plan to surveil Dissident-1.

b. In or about March 202l,LIU and ZIBUNS designed a fake

business card to assist ZIBURIS in the surveillance of Dissident-1.

c. In or about March 2021, ZIBURIS traveled to California to surveil

Dissident-1.

d. In or about March 2021, ZIBURIS placed a GPS tracking device

on the vehicle of Dissident-1.

e. In or about March 2021, SLIN established an email account for the

purpose of accessing the GPS account related to the device placed by ZIBURIS on Dissident-1's

vehicle.

f. In or about March 2021, SLIN accessed the GPS account and data

associated with the device placed by ZIBURIS on Dissident-l's vehicle.
Case 1:22-cr-00311-LDH Document 29 Filed 07/06/22 Page 5 of 11 PageID #: 216

g. In or about March 2021, ZIBURIS photographed and audio

recorded Dissident-1 in California.

h. In or about and between January 2021 and March 2022,LIIJ

communicated with SIIN about destroying artwork located in California created by Dissident-1.

i. In or about and between July 2021 and October 202l,LIIJ and

ZIBURIS communicated about a plan to surveil Dissident-2.

j In or about August 2021, ZIBURIS traveled to Indiana to surveil

Dissident-2.

k. In or about August 2021, ZIBURIS photographed and video

recorded Dissident-2.

l. In or about August 2021, ZIBURIS emailed LIU with surveillance

reports regarding ZIBUzuS' surveillance of Dissident-2.

m. In or about October 2021, LIU paid CC-l to travel to Indiana and

surveil Dissident-2.

n. In or about October 2021, LIU and ZIBURIS communicated about

a plan to surveil Dissident-3.

o. In or about and between October 2021 andNovember 2021,

ZIBURIS traveled to California to conduct surveillance on Dissident-3.

p. In or about October 202l,ZIBURIS possessed a fake identification

card for an intemational sports committee for the purpose of convincing Dissident-3 to provide

ZIBURIS with passport information.

(Title 18, United States Code, Sections 371 and 3553 et ggq.)
Case 1:22-cr-00311-LDH Document 29 Filed 07/06/22 Page 6 of 11 PageID #: 217

COLINT THREE
(Misuse of Means of Identification)

5. In or about and between January 2021 and March 2022, both dates being

approximate and inclusive, within the Eastern District of New York and elsewhere, the

defendants FAN LIU, also known as "Frank Liu," QIANG SLIN, also known as "Jason Sun,"

and MATTHEW ZIBURIS, together with others, did knowingly and intentionally transfer,

possess and use, without lawful authority and in and affecting interstate and foreign commerce,

one or more means of identification of another person, to wit: telephone numbers and other

contact information belonging to one or more U.S.-based Chinese dissidents, individuals whose

identities are known to the Grand Jury, with the intent to commit, and aid and abet, and in

connection with, unlawful activity that constituted one or more violations of Federal law, to wit:

the crime charged in Count One.

(Title 18, United States Code, Sections 1028(a)(7), 1028(b)(2XB), 1028(c)(3XA),

2 and 3553 et seg.)

COUNT FOUR
(Conspiracy to Bribe a Public Official)

6. In or about and between January 2021 and March 202l,both dates being

approximate and inclusive, within the Eastern District of New York and elsewhere, the

defendants FAN LIU, also known as'oFrank Liu," and QIANG SUN, also known as "Jason

Sun," together with others, did knowingly and willfully conspire to commit an offense against

the United States, to wit: to offer and promise an employee of the IRS a bribe payment with the

intent to induce the employee to do any act in violation of the lawful duty of such employee, to

wit: the unlawful dissemination of Dissident-l's tax returns, contrary to Title 18, United States

Code, Section 20 I (bXl)(C).
Case 1:22-cr-00311-LDH Document 29 Filed 07/06/22 Page 7 of 11 PageID #: 218

7. In furtherance of the conspiracy and to effect its objects, within the

Eastern District of New York and elsewhere, the defendants FAN LIU, also known as "Frank

Liu," and QIANG SIIN, also known as "Jason Sun," together with others, did commit and cause

the commission of, among others, the following:

OVERT ACTS

a. On or about March2,202l, LIU called the Investigator on behalf

of SIIN and asked the Investigator to obtain Dissident-1 's tax retums.

b. On or about March 5,2021, LIU spoke with the Investigator and

discussed a plan to pay the Investigator's purported contact at the IRS $3,500 for Dissident-l's

tax returns.

c. In or about March 202l,LIU paid the Investigator $1,500 via a

digital payment application to obtain IRS tax returns for Dissident-1.

(Title 18, United States Code, Sections 371 and 3553 etggq.)

COUNT FIVE
(Attempt To Obstruct Justice)

8. In or about Aprl|2022, within the Eastern District of New York and

elsewhere, the defendant DERRICK TAYLOR did knowingly, intentionally and corruptly

attempt to obstruct, influence and impede an official proceeding, to wit: a Federal Grand Jury

investigation in the Eastern District of New York.

(Title 18, United States Code, Sections 1512(c)(2) and 3553 et g9g.)

COLINT SIX
(Obstruction of Justice)

9 . On or about June I 7 , 2022, within the Eastern District of New York and

elsewhere, the defendant CRAIG MILLER did knowingly, intentionally and comuptly alter,
Case 1:22-cr-00311-LDH Document 29 Filed 07/06/22 Page 8 of 11 PageID #: 219

destroy, mutilate and conceal a record, document and other object, to wit: one or more text

messages between MILLER and DERRICK TAYLOR, with the intent to impair the object's

integrity and availability for use in an official proceeding, to wit: a Federal Grand Jury

investigation in the Eastern District of New York.

(Title 18, United States Code, Sections 1512(c)(1) and 3553 etEq.)

(COLINT SEVEN)
(False Statement)

10. On or about April 11,2022, within the Eastern District of New York and
elsewhere, the defendant DERRICK TAYLOR did knowingly and willfully make a materially

false, fictitious and fraudulent statement and representation, in a matter within the jurisdiction of

the executive branch of the Government of the United States, to wit: the Federal Bureau of

Investigation ("FBI"), in that TAYLOR falsely stated and represented to FBI Special Agents that

he had obtained U.S. passport information of one or more other persons through the "Black Dark

Web" when, in fact, as he well knew and believed, TAYLOR obtained the information from

another individual who had used a confidential law enforcement database.

(Title 18, United States Code, Sections 1001(a)(2) and 3553 etSeq.)

CzuMINAL FORFEITURE ALLEGATION
AS TO COL]NT THREE

I l. The United States hereby gives notice to FAN LIU, also known as "Frank

Liu," QIANG suN, also known as "Jason Sun," and MATTHEW ZIBURIS that, upon their

conviction of the offense charged in Count Three, the government will seek forfeiture in

accordance with: (a) Title 18, United States Code, Section 982(a)(2)(B), which requires any

person convicted of such offense to forfeit any property constituting, or derived from, proceeds

obtained directly or indirectly as a result of such offense; and (b) Title 18, United States Code,
Case 1:22-cr-00311-LDH Document 29 Filed 07/06/22 Page 9 of 11 PageID #: 220

Section 1028(bX5), which requires any person convicted of such offense to forfeit any personal

property used or intended to be used to commit the offense.

12. If any of the above-described forfeitable property, as a result of any act or
omission of the defendants FAN LIU, also known as "Frank Liu," QIANG SL[N, also known as

"Jason Sun," and MATTHEW ZIBURIS:

a. cannot be located upon the exercise ofdue diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond thejurisdiction ofthe court;

d. has been substantially diminished in value; or

e. has been commingled with other property which cannot be divided

without difficulty;

it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p), as

incorporated by Title I 8, United States Code, Section 982(bX I ), to seek forfeiture of any other

property of the defendants FAN LIU, also known as "Frank Liu," QIANG SUN, also known as

"Jason Sun," and MATTHEW ZIBUzuS up to the value of the forfeitable property described in

this forfeiture allegation.

(Title 18, United States Code, Sections 982(a)(2)(B),982(bXl) and 1028(b)(5);

Title 21, United States Code, Section 853(p))

CzuMINAL FORFEITURE ALLEGATION
AS TO COI.INTS FIVE AND SIX

13. The United States hereby gives notice to the defendants charged in Counts
Five and Six that, upon their conviction of either of those offenses, the govemment will seek

forfeiture in accordance with Title 18, United States Code, Section 981(a)(l)(C) and Title 28,

United States Code, Section 2461(c), which require any person convicted of such offenses to
Case 1:22-cr-00311-LDH Document 29 Filed 07/06/22 Page 10 of 11 PageID #: 221

forfeit any property, real or personal, constituting, or derived from, proceeds obtained directly or

indirectly as a result of such offenses.

14. If any of the above-described forfeitable property, as a result of any act or
omission of the defendants:

a. cannot be located upon the exercise ofdue diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. has been commingled with other properry which cannot be divided

without difficulty;

it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p), to

seek forfeiture of any other property of the defendants up to the value of the forfeitable property

described in this forfeiture allegation.

(Title 18, United States Code, Section 981(a)(l)(C);Title 21, United States Code,

Section 853(p); Title 28, United States Code, Section 2ail@))

A TRUE BILL

PEACE
LINITED STATES ATTORNEY
EASTERN DISTzuCT OF NEW YORK
Case 1:22-cr-00311-LDH Document 29 Filed 07/06/22 Page 11 of 11 PageID #: 222

F.#:2021R00184
FORM DBD-34 No
JLIN.85

UNITED STATES DISTRICT COURT
EASTERN District o/ NEW YORK

CRIMINAL DIVISION

THE UNITED STATES OF AMERICA
v.l.

FAN LIU, CRAIG MILLER, QIANG "JASON" SUN, DE,RRICK
TAYLOR and MATTHEW ZIBURIS.

Defendants

INDICTMENT
(T. 18, U.S.C. $$ 371, 981(a)(1)(C), 982(aX2XB), 982(bxl), 1001(a)(2),
1028(a)(7), I 028(bX2XB), I 028(b)(5), I 028(c)(3XA), 1512(c)(1),
l5l2(c)(2),2 and3553, et seq.; T.21, U.S.C., g 853(p); T.28, U.S.C.,
$ 2461(c))

A true bill.

Foreperson

Filed in open court this day,

of A.D. 20 _____

Clerk
Bail, $

Alexander Solomon / Emily J. Dean, Assistant tt,S. Attorneys (715) 254-7000

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