CHARGES
BROUGHT AGAINST MOTHER AND SON FOR
ACTING AS AGENTS OF A FOREIGN GOVERNMENT
Two Southern California family
members originally from the People’s Republic of China
were indicted today by a grand jury on charges of lying to the
government and acting as agents of the People’s Republic
of China.
Fuk Heung Li,
48, and her son, Billy Yui Mak, 26, were charged with failing
to register as agents of a foreign government and making false
statements to federal authorities.
The indictment
was announced this afternoon by United States Attorney Debra
Wong Yang; J. Stephen Tidwell, Assistant Director in Charge
of the FBI in Los Angeles; and John Cooper, Special Agent in
Charge of the Southwest Field Office, U.S. Naval Criminal Investigative
Service.
Billy Mak was
arrested this afternoon in a residential neighborhood in Alhambra,
without incident by agents with the FBI and Naval Criminal Investigative
Service.
Fuk Li, an Alhambra
resident who was previously indicted on federal marriage fraud
charges and is free on bond, will be issued a summons directing
her to appear for an arraignment in this case on July 3.
In November
2005, Tai Mak, 56, husband of Fuk Li and father of Billy Mak,
was charged with failing to register as an agent of a foreign
government (see: http://www.usdoj.gov/usao/cac/pr2005/154.html).
Tai Mak is currently in custody, awaiting trial, which is currently
scheduled for November 7. Tai Mak’s older brother, Chi
Mak, 65, and Chi Mak’s wife, Rebecca Laiwah Chiu, 62,
were also indicted for failing to register as agents of a foreign
government. The indictment returned today supersedes the November
2005 indictment and adds Fuk Li and Billy Mak as defendants.
Court documents
previously filed in this case allege that unidentified co-conspirators
from the PRC provided Chi Mak with “tasking lists”
that requested specific defense information, including sensitive
areas of U.S. Naval research concerning nuclear-powered submarines.
The lists allegedly contained instructions for Chi Mak to participate
in seminars and then compile the information he obtained at
the seminars onto computer disks.
Chi Mak, an
engineer with a U.S. Navy defense contractor, allegedly collected
technical information about the U.S. Navy’s current and
future warship technologies. This information was sensitive
and subject to restriction regarding its distribution, storage
and handling. According to court documents, Chi Mak and his
wife allegedly copied the information intended for the PRC onto
CD-ROM disks, which were then given to Tai Mak. Billy Mak then
allegedly encrypted the defense data onto a CD-ROM disk in preparation
for surreptitious delivery to the PRC.
This CD-ROM
was hidden in luggage on October 28, 2005 when Fuk Li and Tai
Mak attempted to board a flight to the PRC at Los Angeles International
Airport. Tai Mak and Fuk Li were arrested at the airport, while
Chi Mak and Rebecca Chiu were arrested at their home.
The indictment
charges that Fuk Li and Billy Mak both made false statements
to FBI and NCIS agents regarding their knowledge of the encrypted
disk seized at LAX.
The charge of
failing to register as a foreign agent carries a maximum possible
penalty of 10 years in federal prison. The charge of making
false statements to federal investigators carries a maximum
possible penalty of five years in federal prison.
An indictment
contains allegations that a defendant has committed a crime.
Every defendant is presumed innocent until and unless proven
guilty beyond a reasonable doubt.