SCIENCE science.org 29 APRIL 2022 • VOL 376 ISSUE 6592 447T
his week, a federal jury in Benton,
Illinois, began hearing the U.S. gov-
ernment’s evidence against Mingqing
Xiao, a professor of applied math at
Southern Illinois University (SIU),
Carbondale, accused of failing to
disclose his research ties to China while re-
ceiving a grant from the National Science
Foundation (NSF).
Each day, a small cluster of Xiao’s col-
leagues are attending the proceedings, which
opened on 25 April, wearing buttons that
proclaim “We stand with Mingqing Xiao.” It
is the fourth jury trial of a U.S. aca-
demic resulting from a controversial
law enforcement effort known as the
China Initiative. The outcome will
be another important test of the U.S.
government’s hard-edged strategy of
prosecuting academic scientists—
some two dozen to date—whose ac-
tions are alleged to have undermined
national security.
The China Initiative was launched
in 2018 to prevent the Chinese govern-
ment from stealing intellectual prop-
erty, Department of Justice officials
said at the time. However, Xiao and
most of the other prosecuted scientists
have been accused of financial fraud
and tax violations, not of improperly
transferring U.S.-funded research re-
sults. Most of the cases have been set-
tled with plea deals or dropped. Three
jury trials have resulted in two convictions
and an acquittal.
Xiao’s background as a Chinese immigrant
who has built an academic career in the
United States is typical of many of the defen-
dants. Born and raised in Guangdong, China,
Xiao came to the United States after the 1989
Tiananmen Square uprising, ultimately earn-
ing his Ph.D. from the University of Illinois,
Urbana-Champaign. He joined the SIU fac-
ulty in 2000, became a U.S. citizen in 2006,
and a year later was promoted to full profes-
sor. In 2016, SIU named him an outstanding
scholar, and in 2020 the university’s public
radio station gave him its “neighborly” award
for founding and running a free Saturday
morning math academy for children.
In presenting its case this week against
Xiao, the government was expected to argue
that the 60-year-old academic broke the lawwhen he obtained an NSF grant in 2019 to
develop new mathematical tools for analyz-
ing high-dimensional data sets. It alleges that
Xiao had ties to Shenzhen University and
Guangdong University of Technology that he
failed to disclose to SIU and NSF, and that
he received compensation from those entities
that he didn’t list on his federal tax returns.
Prosecutors will assert that he did so deliber-
ately, with the intent to defraud the govern-
ment. If convicted, he faces up to 20 years in
prison and a sizable fine.
Xiao’s lawyer, Ryan Poscablo of Steptoe
& Johnson, will argue there’s insufficient
evidence to prove the allegations and,moreover, that there was no criminal in-
tent behind any incorrect statements Xiao
might have made. It is not illegal for U.S.
academics to receive research funding from
foreign sources. In fact, until recently most
U.S. universities encouraged faculty to hook
up with a burgeoning scientific powerhouse
such as China, and being of Chinese descent
was seen as an asset. But any ties must be
disclosed when applying for a federal grant.
The nature of such disclosures, and whether
some of those relationships were deliber-
ately hidden, have emerged as central issues
in many China Initiative cases.
Many academics and civil rights groups
have vehemently criticized the prosecu-
tions, calling the initiative a witch hunt
against U.S. scientists of Chinese origin and
a misguided attack on legitimate research
collaborations. Two months ago, AssistantAttorney General Matthew Olsen acknowl-
edged such criticisms and rebranded the
initiative as a “strategy to counter nation-
state threats” (Science, 4 March, p. 945).
But opponents say they see few signs the
government has changed course. “From
where I sit, the demise of the China Ini-
tiative is greatly exaggerated,” says Peter
Zeidenberg, an attorney for Franklin Tao,
a University of Kansas, Lawrence, chemical
engineer convicted earlier this month in a
decision that some legal experts think could
be overturned.
Xiao was indicted in April 2021, and the
university immediately put him on paid
administrative leave and launched
its own investigation. Xiao’s aca-
demic colleagues initially refrained
from making any public statements
on his behalf. “We didn’t have any
information beyond what the Justice
Department had said, and we didn’t
want to jeopardize his defense,”
says Edward Benyas, an SIU mu-
sic professor who helped organize
the daily vigils. Many also feared
that, as state employees, they might
face repercussions.
However, in November 2021 the
SIU Carbondale Faculty Association
called on the government to drop the
charges and asked the university to
reinstate Xiao and finance his legal
defense. The university has declined
further comment on what a spokes-
person called “a personnel matter.”
Asian American groups that have spo-
ken out on behalf of other academics tar-
geted by the China Initiative acknowledge
they have done little on Xiao’s behalf. They
say meager resources and a lack of band-
width have prevented them from being
more active.
Although Xiao has continued to receive
his university salary, he has been over-
whelmed with legal bills and has drained
his life savings. A GoFundMe campaign
has raised $26,000 toward a goal of
$350,000, and supporters say the real need
tops $800,000.
Benyas and other Xiao supporters don’t
expect their presence in the courtroom to
have an impact on the jury’s deliberations.
“But we think it’s important to show that
people are supporting him,” he says. “It’s
the least we can do.” jMingqing Xiao went on trial this week in a federal courtroom in Illinois.By Jeffrey MervisSCIENCE & SECURITYMath professor’s trial next test of China Initiative
Mingqing Xiao is fighting U.S. charges that he failed to disclose ties to Chinese institutions
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