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Exclusive: Mr Wei SUN Was Arrested

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发表于 2-1-2020 11:08:17 | 显示全部楼层 |阅读模式
本帖最后由 choi 于 2-1-2020 12:15 编辑

Justin Rohrlich & Tim Fernholz, Raytheon engineer arrested for taking US missile defense secrets to China. Quartz, Feb 1, 2020.
https://qz.com/1795127/raytheon- ... e-secrets-to-china/

Note:
(a) "Sun was arrested by FBI agents the next day."

The link is to Mr Sun's arrest warrant. This is the first time I see an arrest warrant, issued by federal or state government.
(b) "Court documents reviewed by Quartz refer to Sun possessing classified files  * * * "
(i) This is also my first time to see a complaint (I have seen a federal indictment numerous times). To be charged with felony, a defendant has the right under the Fifth Amendment to United States Constitution
https://en.wikipedia.org/wiki/Fi ... s_Constitution#Text
for indictment by a grand jury.  But many defendants in criminal cases plead guilty at this stag for felony charged -- hoping for leniency (because federal prosecutors will not have to go through the troubles to present evidence to grand jury and a trial).
(ii) In the Complaint of this case (Quartz supplies the link). At the left lower corner is "AUSA" which stands for Assistant United States Attorney, who serves under United States Attorney (who is a political appointee and selected by US president and approved aby US Senate).Another word for AUSA is federal prosecutor.  

Line 3 of the Complaint mentions "Field Programmable Gate Array." See field-programmable gate array
https://en.wikipedia.org/wiki/Field-programmable_gate_array

The complaint mentions "I" numerous times. This I is Michael Foster, Special Agent, FBI (see box to the right of AUSA). Back to AUSA Box, whose last line includes "Being duly sworn, I declare." That I is Mr Foster, whom a United States Magistrate Judge (USMJ), which is equivalent to clerk / magistrate in a state court) swears in to tell truth before the the magistrate Judge. See Rule 3 below in (c)(iii).


(c) Federal Rules Criminal Procedure
https://www.uscourts.gov/sites/d ... /FRCrP12.1.2014.pdf

(i) The statements in pages i (1), ii, iii to xiv (14) are junk. The page number for i to xiv is at the center of the bottom OR in the right or left upper corner.
(ii) Start with Table of Contents, at page 1. In this section, page number is either in the right upper corner or left upper corner.  A federal criminal case starts with ANY of the three: a complaint, an information or an indictment.
(iii) Rule 3. The Complaint.  at page 2.

A complaint
(iii) Rule 4. Arrest Warrant or Summons on a Complaint.  at page 3.

Rule 4 says a COMPLAINT (and only a complaint -- not indictment or information), issued when "probable cause" is established, triggers USMJ to release an arrest warrant or a summons. The latter allows the defendant to report to USMJ at the designated day and time, without having been arrested and brought to USMJ.

Rule 4(c)(i) says, "Only a marshal or other authorized officer may execute a warrant." A special agent of FBI (everybody is special agent; the head of a field office is "special agent in charge") is in the category of "other authorized officer." Oftentimes, US Marshals executed arrest warrants, too.

(iv) Rule 7. The Indictment and the Information.  at page 13.

Rule 7(a) tells the difference of federal felony and a federal misdemeanor. Read Rule 7(b) also, and Forgo the rest in this rule.
(v) Rule 58. Petty Offenses and Other Misdemeanors.  at page 65.
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