A judge declared a mistrial on Monday in the corruption case of a former New York governor’s aide on charges of selling influence to China and profiting from a medical equipment project during the pandemic, saying they were hopelessly deadlocked and unable to reach a verdict.
A federal jury in Brooklyn was unable to reach a unanimous verdict in the case against Linda Sun and her husband, Chris Hu. The director said the committee is deadlocked on all 19 cases.
“Your Honor, the jury is still unable to reach a unanimous verdict after extensive deliberations and re-deliberations. The jury’s position stands firm,” the jury wrote in a letter to U.S. District Judge Brian Cogan on Monday, shortly after deliberations resumed with an alternate juror replacing a juror who had to leave due to a prior travel commitment.
Prosecutor Alexander Solomon told the judge that the government wanted to retry the case “as soon as possible.”
Mr. Son was accused of using his position in state government to subtly advance Chinese government policies in exchange for millions of dollars worth of financial benefits. They say Sun also received kickbacks from Chinese companies to induce lucrative state contracts for face masks and other critical medical supplies during the coronavirus pandemic.
The case and the nearly month-long trial were part of the Justice Department’s broader effort to root out covert operatives in the United States as the Chinese government seeks to influence American politics and harass and intimidate dissidents abroad.
Sun was charged with acting as an unregistered agent for China, visa fraud, and money laundering. Hu was charged with money laundering, bank fraud and tax evasion. They were jointly charged with wire fraud, bribery, and conspiracy to defraud the United States.
A Chinese-born naturalized citizen, Sun held a number of positions in state government over a 15-year career, including deputy chief of staff to New York Gov. Kathy Hochul and aide for diversity under former Gov. Andrew Cuomo, both Democrats.
She was fired in 2023 after the Hochul administration announced it had discovered wrongdoing.
Prosecutors said during the trial that Son had taken steps to align the nation’s message with Beijing’s priorities. They said emails and phone messages showed how she worked to prevent representatives of Taiwan’s government, whose sovereignty China does not recognize, from contacting the Governor-General’s Office.
In one instance, Mr. Son even rejected Mr. Cuomo’s invitation to meet with the Taiwanese president during his visit to the United States.
Prosecutors said she also asked for the removal of references in public statements that referred to the Uyghurs, a persecuted Muslim minority in China. They claimed that Mr. Sun forged Mr. Hochul’s signature on official letters so that Chinese officials could obtain entry visas.
Ati, the U.S. aide, said Sun “repeatedly boasted to her Chinese government officials how good of a resource she was.” Alexander Solomon said this in his closing argument.
In return, she received millions of dollars in financial benefits, including helping turn her husband’s business exporting American lobsters to China into a lucrative business.
Prosecutors allege the couple also took steps to conceal their ill-gotten gains by using a system of cash receipts, shell companies, and payments through third parties and relatives, all of which were documented in detailed spreadsheets controlled by Hu.
The couple’s sudden wealth has allowed them to live a life of luxury, buying a multi-million dollar home on Long Island, a $1.9 million condo in Hawaii, a new Ferrari and other luxury cars. Prosecutors said Sun and Hu also enjoyed other perks, including Nanjing-style salted duck prepared by Chinese authorities’ personal chefs.
“Linda Sun betrayed the state of New York to line her own pockets,” Solomon said. “We’ve seen it many times, and it’s a clear pattern of corruption.”
But Sun’s lawyers identified him as a “proud American” and a loyal public servant who was simply performing his duties as a liaison between the governor and the Asian American community.
In his closing remarks, Kenneth Abel acknowledged that Son had carefully cultivated formal relationships with Chinese consulate officials. However, he also pointed to other instances in which Mr. Son met with and even received respect from the local Taiwanese community.
He argued that Son’s decision to block an invitation to meet with Taiwan’s president was in line with past practice, and that the New York governor had never met with Taiwan’s president before.
“She was just being careful,” Abel said. “It’s not her place to drive policy toward Taiwan.”
He added that prosecutors did not provide evidence for the claim that Sun forged Hochul’s signature on visa documents intended for Chinese officials.
He also questioned why Chinese companies need to pay bribes to win state contracts during the pandemic. After all, Abel argued, New York and other states are spending freely and quickly to stockpile critical medical supplies.
“There are huge holes in this story,” he says. “The government is trying hard to fit the facts into the story.”
Marcelo writes for The Associated Press.
