FBI Employee Pleads Guilty to Acting in the US as an Agent of the Chinese Government

Kun Shan Chun, Joey Chun

(DOJ)  Defendant Collected and Caused Sensitive FBI Information to be Provided to the Chinese Government

Kun Shan Chun, a native of the People’s Republic of China and a naturalized U.S. citizen, pleaded guilty today to a criminal information charging him with acting in the United States as an agent of China without providing prior notice to the Attorney General.

Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Preet Bharara of the Southern District of New York and Assistant Director in Charge Diego P. Rodriguez of the FBI’s New York Field Office made the announcement.

Chun, aka Joey Chun, 46, pleaded guilty before U.S. Magistrate Judge James C. Francis IV of the Southern District of New York.  He was an employee of the FBI until his arrest on March 16, 2016.

“Kun Shan Chun violated our nation’s trust by exploiting his official U.S. Government position to provide restricted and sensitive FBI information to the Chinese Government. Holding accountable those who work as illegal foreign agents to the detriment of the United States is among the highest priorities of the National Security Division.” —Assistant Attorney General Carlin

“Americans who act as unauthorized foreign agents commit a federal offense that betrays our nation and threatens our security. And when the perpetrator is an FBI employee, like Kun Shan Chun, the threat is all the more serious and the betrayal all the more duplicitous.  Thanks to the excellent investigative work of the FBI’s Counterintelligence Division, the FBI succeeded in identifying and rooting out this criminal misconduct from within its own ranks.” —U.S. Attorney Bharara

“No one is above the law, to include employees of the FBI. We understand as an agency we are trusted by the public to protect our nation’s most sensitive information, and we have to do everything in our power to uphold that trust.”  —Assistant Director in Charge Rodriguez

According to the complaint, the information and statements made during today’s court proceeding:

In approximately 1997, Chun began working at the FBI’s New York Field Office as an electronics technician assigned to the Computerized Central Monitoring Facility of the FBI’s Technical Branch.

In approximately 1998, and in connection with his employment, the FBI granted Chun a Top Secret security clearance and his duties included accessing sensitive, and in some instances classified, information.

In connection with a progressive recruitment process, Chun received and responded to taskings from Chinese nationals and at least one Chinese government official (Chinese Official-1), some, if not all, of whom were aware that Chun worked at the FBI.  On multiple occasions prior to his arrest in March 2016, at the direction of Chinese government officials, Chun collected sensitive FBI information and caused it to be transmitted to Chinese Official-1 and others, while at the same time engaging in a prolonged and concerted effort to conceal from the FBI his illicit relationships with these individuals.

Beginning in 2006, Chun and some of his relatives maintained relationships with Chinese nationals purporting to be affiliated with a company in China named Zhuhai Kolion Technology Company Ltd. (Kolion).  Chun maintained an indirect financial interest in Kolion, including through a previous investment by one of his parents.  In connection with these relationships, Chinese nationals asked Chun to perform research and consulting tasks in the United States, purportedly for the benefit of Kolion, in exchange for financial benefits, including partial compensation for international trips.

Between 2006 and 2010, Chun’s communications and other evidence reflect inquiries from purported employees of Kolion to Chun while he was in the United States, as well as efforts by the defendant to collect, among other things, information regarding solid-state hard drives.

In approximately 2011, during a trip to Italy and France partially paid for by the Chinese nationals, Chun was introduced to Chinese Official-1, who indicated that he worked for the Chinese government and that he knew Chun worked for the FBI.  During subsequent private meetings conducted abroad between the two, Chinese Official-1 asked questions regarding sensitive, non-public FBI information.  During those meetings, Chun disclosed, among other things, the identity and potential travel patterns of an FBI Special Agent.

In approximately 2012, the FBI conducted a routine investigation relating to Chun’s Top Secret security clearance.  In an effort to conceal his relationships with Chinese Official-1 and the other Chinese nationals purporting to be affiliated with Kolion, Chun made a series of false statements on a standardized FBI form related to the investigation.

Between 2000 and March 16, 2016, Chun was required by FBI policy to disclose anticipated and actual contact with foreign nationals during his international travel, but he lied on numerous pre- and post-trip FBI debriefing forms by omitting his contacts with Chinese Official-1, other Chinese nationals and Kolion.

On multiple occasions, Chinese Official-1 asked Chun for information regarding the FBI’s internal structure.  In approximately March 2013, Chun downloaded an FBI organizational chart from his FBI computer in Manhattan.  Chun later admitted to the FBI that, after editing the chart to remove the names of FBI personnel, he saved the document on a piece of digital media and caused it to be transported to Chinese Official-1 in China.

Chinese Official-1 also asked Chun for information regarding technology used by the FBI.  In approximately January 2015, Chun took photos of documents displayed in a restricted area of the FBI’s New York Field Office, which summarized sensitive details regarding multiple surveillance technologies used by the FBI.  Chun sent the photographs to his personal cell phone and later admitted to the FBI that he caused the photographs to be transported to Chinese Official-1 in China.

In approximately February 2015, the FBI caused an undercover employee (UCE) to be introduced to Chun.  The UCE purported to be a U.S. citizen who was born in China and working as a consultant to several firms, including an independent contractor for the Department of Defense, among other entities.

During a recorded meeting in March 2015, Chun told the UCE about his relationship with Kolion and Chinese nationals and later explained to the UCE that Kolion had “government backing,” and that approximately five years prior a relative met a “section chief” whom Chun believed was associated with the Chinese government.

In another recorded meeting in June 2015, Chun told the UCE that he had informed his Chinese associates that the UCE was a consultant who might be in a position to assist them.  Chun said that he wished to act as a “sub-consultant” to the UCE and wanted the UCE to “pay” him “a little bit.”

In July 2015, after coordinating travel to meet Chun’s Chinese associates, Chun met with the UCE in Hungary twice.  During one of the meetings, Chun stated that he knew “firsthand” that the Chinese government was actively recruiting individuals who could provide assistance and that the Chinese government was willing to provide immigration benefits and other compensation in exchange for such assistance.  The UCE told Chun that he had access to sensitive information from the U.S. government.  Chun responded that his Chinese associates would be interested in that type of information and that Chun expected a “cut” of any payment that the UCE received for providing information to the Chinese government.

The count of acting in the United States as an agent of China without providing notice to the Attorney General carries a maximum sentence of 10 years in prison.  The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

The FBI’s Counterintelligence Division investigated the case.  The prosecution is being handled by Assistant U.S. Attorneys Emil J. Bove III and Andrea L. Surratt of the Southern District of New York’s Terrorism and International Narcotics Unit, with assistance provided by Trial Attorneys Thea D. R. Kendler and David C. Recker of the National Security Division’s Counterintelligence and Export Control Section.

Download U.S. v. Kun Shan Chun Complaint
Download U.S. v. Kun Shan Chun Information
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FBI employee pleads guilty to acting as agent of China (Washington Post)

A longtime FBI employee with top-secret clearances pleaded guilty to acting as an agent of China and providing officials in that country with sensitive information, prosecutors announced Monday.

Kun Shan Chun was secretly arrested in March and held on charges of lying repeatedly about his contacts in China, who lavished him with prostitutes, cash and expensive hotel rooms, according to the criminal complaint.

Chun, 46, who was born in China and is also known as Joey, faces up to 10 years in prison.

His lawyer, Jonathan Marvinny, said in an email: “Today Joey Chun accepted responsibility for some mistakes in judgment that he deeply regrets. The truth is that Mr. Chun loves the United States and never intended to cause it any harm. He hopes to put this matter behind him and move forward with his life.”

Prosecutors accused Chun, who joined the FBI in 1997, of failing to disclose that he had contact with a Chinese national during an overseas trip, among other violations. . . .

. . . Authorities said Chun also did not tell the FBI about a business venture with a Chinese technology company called Kolion, according to the complaint. Since at least 2006, the FBI said, Chun performed research and consulted on behalf of the company in exchange for benefits that included foreign travel.

According to Kolion’s website, the company makes toner cartridges for copiers and printers.

During that period, the FBI said, Chun was also in contact with an individual affiliated with the Chinese government.

It’s not clear why the FBI started to investigate Chun, who was required to answer questions in 2012 as part of a routine review to determine if he should maintain his security clearances. He had access to sensitive and classified material in his job as an electronic technician in the FBI’s Manhattan field office.

As part of a deal with prosecutors, Marvinny said, they agreed to drop the charges of lying on his FBI questionnaire if Chun pleaded guilty to acting as an agent of the Chinese government. . . . (read more)

F.B.I. Employee Pleads Guilty to Acting as an Agent of China (New York Times)
The authorities secured a guilty plea on Monday from a longtime employee of the Federal Bureau of Investigation accused of lying about his relationship with a Chinese technology company and various Chinese associates. The government charged that the F.B.I. employee, Kun Shan Chun, had “expressed a willingness to facilitate the passage of sensitive United States government information” to his Chinese associates, including individuals with connections to the Chinese government.

Federal prosecutors in Manhattan said Mr. Chun had also lied to the bureau regarding his contact with these Chinese nationals and the firm based in China, Zhuhai Kolion Technology Company, “as part of a longstanding and concerted effort to conceal these relationships.”

Mr. Chun, who is known as Joey and worked in the bureau’s New York office, pleaded guilty before Magistrate Judge James C. Francis IV of Federal District Court in Manhattan to one count of acting in the United States as an agent of China. The charge carries a maximum prison term of 10 years, but the government and the defense agreed, under federal sentencing guidelines, that a sentence of 21 to 27 months would be appropriate, according to Mr. Chun’s plea agreement. . . . (read more)

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