Table of Content
2019/05/16 Emory University Termination
Overview
On May 16, 2019, Emory University informed Dr. Li Xiao-Jiang and his wife Dr. Shihua Li that both neuroscientists had been terminated while they were traveling in China. They were accused of failing to disclose research fundings from China and their work for Chinese universities while receiving federal grants from the U.S. government.
Dr. Xiao-Jiang Li moved to the U.S. from China to obtain a doctoral degree in the late 1980s and became a naturalized American citizen in 2000. He and his wife, also a U.S. citizen, joined Emory University in 1995 and were co-leader of the Li Laboratory.
“They treated us like criminals,” Dr. Li said in an interview in November 2019 near Jinan University in southern China, where he and his wife now work. He disputed the suggestion that they had failed to report ties to China.
“Our work is for humanity,” Dr. Li Shihua added. “You can’t say if I worked in China, I’m not loyal to the U.S.”
On November 21, 2019, the Department of Justice (DOJ) filed an unannounced complaint against Dr. Xiao-Jiang Li, accusing him of theft of federal grant funds and failing to disclose income from China. Dr. Shihua Li was not named in the complaint.
On May 8, 2020, Dr. Li pleaded guilty to underreporting his income on federal tax returns. He agreed to pay $35,089 and any penalties stemming from refiling amended returns from 2012–18. The sentence includes 1 year of probation.
DOJ then listed Dr. Li’s case as part of the China Initiative in its online report although it did not involve economic espionage or trade secret theft.
2019/05/16 Emory University Termination
On May 16, 2019, Emory University informed Dr. Li Xiao-Jiang Li and his wife Dr. Shihua Li that both neuroscientists had been terminated when they were travelling in China.
Both were professors of human genetics and co-led the Li Laboratory at the University. They are naturalized U.S. citizens.
Dr. Xiao-Jiang Li obtained his doctor degree from Oregon Health & Science University in 1991. He joined the faculty of Emory University in January 1996, was promoted to full professor in 2005, and had been Distinguished Professor of Human Genetics at Emory University from 2007 to 2019.
The simultaneous dismissals were for allegedly failing to disclose their sources of overseas financing and research ties in China. Dr. Li claimed that they did not receive notice or opportunity for them to respond to unverified accusations.
The university closed their joint laboratory immediately, which was part of the medical school. Their websites were disconnected. Four postdoctoral students working in the lab, who were Chinese nationals, were told to leave the United States within 30 days. None were given reasons for their terminations.
Emory University said its action came after an internal investigation prompted by a letter from the National Institutes of Health (NIH), which had been contacting U.S. universities with concerns about whether specific grantees have adhered to agency rules regarding the disclosure of foreign funding and affiliations.
Dr. Xiao-Jiang Li disputed Emory University's claim that the two researchers "had failed to fully disclose foreign sources of research funding and the extent of their work for research institutions and universities in China."
According to available records, Dr. Li and his wife published many papers in high-profile journals. They have disclosed funding and affiliations with Chinese institutions, as well as biographical information posted online.
References and Links
2019/11/17 Liberation: Emory University professors fired in NIH’s anti-Chinese crackdown
2019/11/04 New York Times: Vast Dragnet Targets Theft of Biomedical Secrets for China
2019/07/19 Washington Post: Scrutiny of Chinese American scientists raises fears of ethnic profiling
2019/06/17 知识分子: 埃默里大学风波又起，另一华人学者或已离开
2019/06/14 South China Morning Post: Professor at Emory University seeks legal support amid US probe into academics’ ties to China
2019/06/13 Deep Tech深科技: 埃默里大学风波再起，华人科学家称“遭到史无前例的对待”丨独家对话旋涡中心于山平
2019/06/12 Science: Emory scientist was told to vacate his office. He says move is reprisal for activism on Asian ties
2019/05/28 Radio Free Asia: US Research University Fires Two Chinese Scientists Over 'Failure to Disclose' Funding
2019/05/28 美国亚裔快讯: 华裔科学家夫妇遭开除,为埃默里大学工作23年的李晓江夫妇违规了吗？2019/05/28 South China Morning Post: Chinese college offers to hire two neuroscientists sacked by Emory University
2019/05/27 South China Morning Post: Scientist hits back at US university over ‘unusual and abrupt’ sacking in China funding ties case
2019/05/24 iNature (Chinese translation): Science | 首度发声！李晓江强力驳斥埃默里大学指控2019/05/24 South China Morning Post: Emory University in US fires scientists over undisclosed funding ties to China
2019/05/24 Science: Terminated Emory researcher disputes university’s allegations about China ties
2019/05/23 Yahoo Finance: Professors fired from Emory University for hiding grants from China
2019/11/21 DOJ Complaint
On November 21, 2019, the Department of Justice (DOJ) filed an unannounced criminal complaint against Dr. Xiao-Jiang Li, charging him with one count of theft of federal grant funds and failure to disclose income from China. Dr. Shihua Li was not named in the complaint.
The complaint became public through an NBC News report in February 2020.
According to the complaint, Emory University provided the FBI with a letter, dated 12/15/2011, addressed to Li from Xue Yongbao of the Institute of Genetics of the Chinese Academy of Sciences (“CAS”). The letter notified Dr. Xiao-Jiang Li that his application for a “Thousand Talents Program” position was approved. According to the letter, Dr. Li would be appointed the position of Research Team Leader at the Institute of Genetics and Developmental Biology of CAS. The institute agreed that Li would work in China for six months or more before 01/01/2014 as part of a transition period. The purpose of the transition period was so Li would have “sufficient time to build a large animal experimental platform and team and undertake important national issues.” Li was to assume his position full-time (9 months each year) before 01/01/2014.
Emory University also provided the FBI with a “High-level Talent (Transition Period) Employment Contract” between the Institute of Genetics and Developmental Biology of CAS (Party A) and Li (Party B), executed on 12/20/2011. The term of the contract was two years, from 12/30/2011 to 12/30/2013.
On or about February 10, 2015, Dr. Li began pursuing part-time status at Emory University to work at CAS. Dr. Li and the Emory University Department of Human Genetics Chairman entered into a “A letter of understanding.” Dr. Li’s stated purpose was “to spend more time to lead research projects on neurological diseases at the Institute of Genetics and Developmental Biology at Chinese Academy of Sciences.”
According to Emory University, Dr, Li did not complete the process and started to work at CAS in 2015.
In or about October 2018, the National Institutes of Health (NIH) notified Emory University that NIH had become aware that applications submitted to NIH for Li may have failed to comply with NIH policies regarding other support, disclosing foreign financial interests, and/or obtaining prior approval from NIH for the use of foreign components on NIH research grants.
In response, Emory University discussed the matter with Dr. Li between October 2018 and May 2019. Additionally, in or about January 2019, Emory University initiated an internal review of Dr. Li’s Emory University email account. Dr. Li’s emails revealed his association with the Chinese government’s “Thousand Talents Program.”
On November 22, 2019, Dr. Li was arrested, and an initial appearance was held at which time Dr. Li moved for a preliminary hearing, which was originally set for December 13, 2019, but it was delayed several times.
On May 8, 2020, DOJ made a motion to dismiss the original complaint and refiled with a different complaint based on a plea agreement the same day.
References and Links
2020/05/08 US v Li 1:19-mj-01007: (Doc 19) Government’s Motion for Leave to File Dismissal
2020/05/06 US v Li 1:20-cr-00164: (Doc 10) Judgment in a Criminal Case
2020/05/06 US v Li 1:20-cr-00164: (Doc 4) Minute Sheet for proceedings held on 05/06/2020
2020/02/04 NBC News: Emory professor hit with criminal charge, linked to Chinese government program
2019/11/21 US v Li 1:19-mj-01007: (Doc 1) Criminal Complaint
2020/05/08 Plea Agreement
On May 6, 2024, a telephone conference regarding plea and sentencing was held between Assistant United States Attorney Samir Kaushal and Peter Zeidenberg, attorney representing Dr. Xiao-Jiang Li, in the U.S. District Court in Atlanta.
On May 8, 2020, Dr. Xiao-Jiang Li pleaded guilty to underreporting his income on federal tax returns. He agreed to pay $35,089 and any penalties stemming from refiling amended returns from 2012–18. The sentence includes 1 year of probation.
Dr. Li's attorney, Peter Zeidenberg, says his client "admits that he should have reported the income on his taxes. And he's embarrassed by it."
The judge's actions, Zeidenberg says, will allow Dr. Li "to get back to his research" on Huntington disease, which was halted when the couple's lab was abruptly shut down. But Zeidenberg thinks the case wound up having the opposite effect of what federal authorities claimed was their goal in prosecuting Dr. Li.
"He would have preferred to do it in the United States, at Emory," Zeidenberg says. "He's had a successful career here, and this is where his life is. But now he is being forced to work in China. And I think that's incredibly ironic."
References and Links
2020/05/20 ASBMB: Ex-Emory neuroscientist pleads guilty; fired Cleveland Clinic geneticist arrested
2020/05/17 Emory Wheel: Former Emory Biomedical Professor Pleads Guilty to Filing False Tax Returns, Sentenced to 1 Year of Probation
2020/05/13 The College Fix: Former Emory U. professor pleads guilty of hiding ties to Chinese government
2020/05/12 Science: Fired Emory University neuroscientist with ties to China sentenced on tax charge
2020/05/11 Department of Justice: Former Emory University professor and Chinese “Thousand Talents” participant convicted and sentenced for filing a false tax return
2020/05/06 US v Li 1:20-cr-00164: (Doc 10) Judgment in a Criminal Case
2020/05/06 US v Li 1:20-cr-00164: (Doc 4) Minute Sheet for proceedings held on 05/06/2020
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Links and References
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