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Harvard Chemistry Professor Charles Lieber

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发表于 12-27-2021 11:41:45 | 显示全部楼层 |阅读模式
Latest news first.

(1) Professor ‎Charles M Lieber, an expert of nanoscale and chair of Department of Chemistry and Chemical Biology (that is the name of one department, not two) when he was arrested, Harvard University became the first academic convicted at trial under US Department of Justice's China Initiative. See Press release: Harvard University Professor Convicted of Making False Statements and Tax Offenses. Department of Justice, Dec 21 2021
https://www.justice.gov/usao-ma/ ... ts-and-tax-offenses
(" * * * was convicted by a federal jury today * * * Dr Charles Lieber, 62, was convicted following a six-day jury trial [and almost three hours of jury deliberation] of two counts of making false statements to federal authorities, two counts of making and subscribing a false income tax return and two counts of failing to file reports of foreign bank and financial accounts (FBAR) with the Internal Revenue Service (IRS). US Senior District Court Judge Rya W Zobel [a woman born in 1931 (age 90) in Germany; 'senior' means semi-retired] will sentence Lieber at a later date that has not yet been scheduled. Lieber was indicted in June 2020 and was subsequently charged in a superseding indictment in July 2020.  'There is now no question that Charles Lieber lied to federal investigators and to Harvard in an attempt to hide his participation in the Chinese Thousand Talents Program,' said Acting United States Attorney Nathaniel R Mendell. 'He lied to the IRS about the money he was paid, and he concealed his Chinese bank account from the United States' ")

Note:
(a)
(i) For "making and subscribing a false income tax return," see 26 US Code § 7206(1).
https://uscode.house.gov/view.xhtml?req=(title:26%20section:7206%20edition:prelim)%20OR%20(granuleid:USC-prelim-title26-section7206)&f=treesort&edition=prelim&num=0&jumpTo=true
("shall be * * * imprisoned not more than 3 years")
(ii) The other two categories of crimes Professor Lieber was accused of -- "making false statements to federal authorities" and "failing to file reports of foreign bank and financial accounts (FBAR) with the Internal Revenue Service" carries a maximun of five years for each count (not category).
(iii) Of note, none of the six counts are DIRECTLY linked to Dr Lieber's academic collaboration with Wuhan University of China.
(b) Report of Foreign Bank and Financial Accounts (FBAR). Internal Revenue Service, US Department of Treasury, undated
https://www.irs.gov/businesses/s ... ncial-accounts-fbar
("Whether the account produced taxable income has no effect on whether the account is a 'foreign financial account' for FBAR purposes")
(c) Regarding "superseding indictment." It just means the following indictment -- and could be second or third etc (by adding or dropping count, or merely changing words (eg, by correcting grammatical errors).

supersede (v; Did You Know?)
https://www.merriam-webster.com/dictionary/supersede


(2) I had not followed the case since his arrest. However, when I read the following, I knew he was cooked.

Shelly Murphy, In Video, Scientist Admits to Payments; Prosecutors says he hid salary from research backers. Boston Globe, Dec 8, 2021, at page B1 (section A is national news, whereas section B is local news).
https://www.bostonglobe.com/2021 ... ersity-video-shows/
https://www.msn.com/en-us/news/u ... ersity-video-shows/
(" 'That's pretty damning,' Lieber said during the Jan 28, 2020, interview, which was videotaped and played for jurors Friday [Dec 17, 2021] at Lieber's federal trial in Boston. * * * He is charged with making false statements to the government [in his grant proposals to funding agencies, he failed to disclose additional funding from China or its university] * * * He said he didn't recall exactly how much he was paid, but estimated it could be more than $50,000, though probably less than $100,000 [if one, whatever his nationality is, brings into or out of the United States, he must declares to US customs the money (cash, money order or (traveler's) checks) at the pains of forfeiture or prosecution]")

Note:
(a) online title: Confronted by investigators, Harvard scientist admits to payments from Chinese university, video shows
(b) Boston Globe places pay wall on this and all other articles.


(3) Kevin R Chen and Andy Z Wang, Embattled Chemistry Professor Charles Lieber Sues Harvard, Alleging University Required to Recoup Legal Costs. Harvard Crimson, Oct 9, 2020
https://www.thecrimson.com/artic ... d-lieber-complaint/
("Lieber filed a complaint against Harvard in Middlesex County Superior Court Friday morning, alleging that the University broke its contract by refusing to indemnify him for his criminal defense")

Note:
(a) The civil action is Lieber v President and Fellows of Harvard College (Harvard Corporation). Middlesex Superior Court No 2081CV2441 (commenced on Oct 9, 2020 and still ongoing -- but Lieber's motion for preliminary injunction to order Harvard to pay for his legal fee in criminal case has not been ruled upon, because Middlesex Superior Court (Superior Court located at Middlesex County) stayed that portion of the case on Apr 23, 2021 -- pending the outcome of criminal trail in federal court. This paragraph is based on docket of the case that I view (docket is available to the public online for free).
(i) Under (state or federal) law, only a legal entity may sue or be sued. A natural person is one, so is a corporation (as an artificial person). A division of a corporation can not sue or be sued. Hence a city may sue or be sued, having been incorporated under state law; yet its police department may not  (if one is to sue a police department, he will have to sue the city itself).
(b)
(i) Professor Lieber's civil team is led by David R Suny of McCormack Suny LLC in Boston. Harvard is defended by Joan Ann Lukey of Choate Hall and Stewart LLP. Lukey is noted but Suny is not.
(ii) Professor Lieber's criminal defense team is led by attorney Marc L Mukasey, whose father is Michael B Mukasey (US Attorney General November 2007- January 2009) under President George W Bush. Both Marc and Michael are and have been based in Manhattan.


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