BEIJING, Jan. 24 (CNN) -- Chinese-American hydrologist Chen Xiafens Legal Rights Defense Foundation announced on Jan. 23 that Chen Xiafens lawyer team filed a federal lawsuit with the Federal District Court of Southern Ohio on Jan. 18, local time. According to the Federal Tort Compensation Act, they sued the U.S. government for malicious prosecution and wrongful arrest of Chen Xiafen. I am a loyal and diligent American citizen, and I never expected to be the victim of serious injustice caused by the misconduct of many government officials at all levels, Chen said.
Photos of Chen Xiafen. (Photo source: Overseas Chinese Newspaper, Chen Xiafen Legal Rights Defense Foundation)
Chen Xiafens case originated on May 24, 2012. That day, an American government employee e-mailed Chen Xiafen, saying that she was an American citizen, but a Chinese and that she was suspected of being a spy.
On June 11, 2013, Chen Xiafen was questioned for seven hours by agents sent by the U.S. Department of Commerce at her workplace, and she was not allowed to eat a meal or drink a sip of water. As a naturalized American hydrologist for nearly 20 years, who has regarded the Midwest of the United States as her home town, Chen Xiafens Ohio Valley Flood Forecasting Model saved countless lives and won her many praises and awards.
On October 20, 2014, when Chen Xiafen stepped into the office of the National Weather Service in Wilmington, she was confronted with agents from the Federal Bureau of Investigation (FBI). At that time, the back door of the office was opened and six FBI agents came in accusing Chen of stealing passwords to download sensitive and confidential information about the dam in the United States and to disclose it to a Chinese official.
On the same day, Chen Xiafen was handcuffed and taken away in front of her colleagues. She was also facing a $1 million fine and 25 yearsimprisonment charges, and was labeled as a spy. When she returned to her suburban home that night, several television news vans were parked in front of her house. News of her accusation of spying has spread around the world, even to her family in China.
On March 10, 2015, a week before the trial, the prosecutor voluntarily dismissed all charges against Chen Xiafen without any explanation or apology. However, what remains for Chen Xiafen is the high legal costs and the disgrace of her reputation, for which her lifelong work and reputation have been destroyed.
To make matters worse, on March 11, 2016, Chen Xiafen was dismissed by the U.S. Department of Commerce (the competent unit of the National Meteorological Administration), for reasons similar to those dismissed.
On April 23, 2018, Ms. Michele Szary Schroeder, an administrative judge who examined the case of Chen Xiafens dismissal, issued a 120-page verdict that officials of the U.S. Department of Commerce concealed evidence that could have returned her innocence. The two officials who dismissed Ms. Chen were more concerned with making themselves appear fair than doing fair.
In addition to ordering the U.S. Department of Commerce to resume Ms. Chens work, reimburse her wages in arrears and pay legal fees, the judge also pointed out that I would not be surprised if they did not acknowledge 2+2=4 from their admissible testimony.
On June 18, 2018, the U.S. Department of Commerce filed an appeal against the ruling. Chen Xiafen has not been able to return to her life-long dedicated job in the National Meteorological Administration.
In addition to the widespread attention of the news media, Chen Xiafens experience has also attracted the attention of many Asian groups and human rights institutions, including the American Civil Rights Commission, the Congressional Asia-Pacific Core Group, the 100 Peoples Congress, the American Chinese Federation, the Asia-Pacific Alliance and so on.
Lawyer Michele Young said, A baseless, clearly racially biased accusation has triggered a modern version of witch-hunting farce. Government officials hide evidence that could prove the innocence of the parties, waste hundreds of thousands of dollars of taxpayersmoney, and try to prove that aChinese is a spy. In order to demonstrate dignity, fairness and American values, we must uphold justice for Ms. Chan. What happened to Ms. Chen should never happen to any American again.
Chen employs two lawyers, Michele Young from Ohio and Peter Toren from Washington, D.C., who worked as a federal prosecutor, specializing in computer crime and intellectual property litigation. He is the author of Intellectual Property and Computer Crime.
Lawyer Peter Toren pointed out, If the government had conducted proper investigations from the beginning, instead of deliberately framing Chen Xiafen as a loyal and patriotic American citizen, she would not have been prosecuted at all and her life would not have been destroyed. We are committed to upholding justice for Ms. Chen and helping her to regain her former life as much as possible, while at the same time trying to prevent such injustices from happening again in the future. As a former Federal prosecutor, I expect the federal government to handle the case more responsibly and morally, but thats not the case.
Source: Responsible Editor of China News Network: Shi Jianlei_NBJ11331