$1 billion worth of goods: “Iowa Companies Sign $1 Billion Trade Deals with Chinese Province,” KCCI Des Moines, October 23, 2013, http://www.kcci.com/article/iowa-companies-sign-1-billion-trade-deals-with-chinese-province/6885083.
“this is a particular incident”: Jason Noble, “Seed Theft Tests Relationship,” Des Moines Register, December 17, 2013, B1.
filching hundreds of these: Matt Campbell, “Chinese National Tried to Steal a Valuable U.S. Trade Secret: Kansas Rice Seeds,” Kansas City Star, April 5, 2018, https://www.kansascity.com/news/state/kansas/article208009774.html.
CHAPTER TWENTY-NINE
“greatest theft in the history”: Nick Gass, “Trump: ‘We Can’t Continue to Allow China to Rape Our Country,’” Politico, May 2, 2016, https://www.politico.com/blogs/2016-gop-primary-live-updates-and-results/2016/05/trump-china-rape-america-222689. Trump borrowed this remark from General Keith Alexander, who first said something similar in 2012.
took office amid protests: Karen J. Greenberg, Rogue Justice (New York: Broadway Books, 2017), 143–44.
he could use email: John P. Carlin with Garrett M. Graff, Dawn of the Code War (New York: PublicAffairs, 2018), 73.
“Three Little Pigs”: Sari Horwitz, “9/11 Attacks Helped Shape New Leader of Justice’s National Security Division,” Washington Post, April 28, 2014, https://www.washingtonpost.com/world/national-security/911-attacks-helped-shape-new-leader-of-justices-national-security-division/2014/04/28/875cfafe-cee6-11e3-937f-d3026234b51c_story.html?.
FBI WANTED posters: “Five Chinese Military Hackers Charged,” FBI (May 19, 2014), https://www.fbi.gov/news/stories/five-chinese-military-hackers-charged-with-cyber-espionage-against-us.
“a very sophisticated form”: John Carlin with Benjamin Wittes, “Tackling Emerging National Security Threats Through Law Enforcement,” event at Brookings Institution, Washington, D.C., May 22, 2014, https://www.brookings.edu/events/tackling-emerging-national-security-threats-through-law-enforcement.
carve out a new mission: Interview with Greg Austin (a professorial fellow at EastWest Institute and an expert on Chinese cyberpolicy).
“a giant ‘no trespass’ sign”: Chinese cyberattacks did in fact noticeably decline after the indictment, but exactly why is unclear. The drop in activity coincided with a reorganization of the People’s Liberation Army and a crackdown on corruption within the Communist Party. Hacking from China targeting U.S. companies later picked back up again—it just became more professional. “Cyber’s Role in America’s Security Arsenal,” transcript, 2016 Aspen Security Forum.
“You and the FBI”: “Agricultural Economic Espionage: A Growing Threat,” FBI, https://ucr.fbi.gov/investigate/counterintelligence/agricultural-economic-espionage-brochure.
“Just say no to the Chinese!”: The Company Man: Protecting America’s Secrets, https://www.fbi.gov/video-repository/newss-the-company-man-protecting-americas-secrets/view. The case on which the film is based is U.S. v. Ji Li Huang (Western District of Missouri), 4:12-cr-00296.
“brazenly stole inbred corn seeds”: Laurie Bedord, “Midwest Is a Prime Target for Theft of Intellectual Property and Cyber Attacks,” Successful Farming, April 5, 2016, https://www.agriculture.com/content/cybersecurity-is-not-just-a-big-city-problem.
“What the government should do”: Interview with John Cline.
“We didn’t help Boeing”: Carlin, Dawn of the Code War, 146.
“targeting our private companies”: Lesley Stahl, “The Great Brain Robbery,” 60 Minutes, January 17, 2016, https://www.cbsnews.com/news/60-minutes-great-brain-robbery-china-cyber-espionage/.
talented employees to break off: Omri Ben-Shahar, “California Got It Right: Ban the Non-Compete Agreements,” Forbes, October 27, 2016, https://www.forbes.com/sites/omribenshahar/2016/10/27/california-got-it-right-ban-the-non-compete-agreements/#7e1fe2b03538.
survey of private companies: Jack Nelson, “Spies Took $300-Billion Toll on U.S. Firms in ’97,” Los Angeles Times, January 12, 1998, http://articles.latimes.com/1998/jan/12/news/mn-7575.
domestic theft as the bigger threat: Robert Dreyfuss, “The New Espionage Scare: Spy vs. No-Spy,” New Republic, December 23, 1996, 9–10.
methodology was considered: Rich Bell et al., “Estimating the Economic Costs of Espionage,” prepared for CENTRA Technology, May 3, 2010, 8.
“laden with company bias”: Bell et al., “Estimating the Economic Costs,” 7–8.
Report to Congress on Foreign Economic Collection: “Annual Report to Congress on Foreign Economic Collection and Industrial Espionage—2002,” Office of the National Counterintelligence Executive, 9–10, https://archive.org/details/DTIC_ADA469059/page/n7.
report from the IP Commission: Dennis C. Blair et al., “The IP Commission Report: The Report of the Commission on Theft of American Intellectual Property,” May 22, 2013, http://www.ipcommission.org/report/IP_Commission_Report_052213.pdf.
“anecdotes, extrapolation, and bad math”: James A. Lewis, “China’s Economic Espionage: Why It Worked in the Past but It Won’t Work in the Future,” Foreign Affairs, November 13, 2012, https://www.foreignaffairs.com/articles/china/2012-11-13/chinas-economic-espionage.
cyberattacks at $250 billion: Peter Maass and Megha Rajagopalan, “Does Cybercrime Really Cost $1 Trillion?,” ProPublica, August 1, 2012, https://www.propublica.org/article/does-cybercrime-really-cost-1-trillion.
estimate as “below abysmal”: Ibid.
“so compromised and biased”: Ibid.
in the profit it generates: Interview with Derek Scissors (fellow, American Enterprise Institute). Scissors believes that while spending on research is a poor way of calculating value, sales figures can be a decent substitute. In some economic espionage cases, judges circumvent this issue by considering intended loss, or how much defendants believe a technology is worth.
NOW WORKING FOR MONSANTO: J. D. Heyes, “The FBI Is Now Working for Monsanto,” Natural News, April 30, 2015, https://www.naturalnews.com/049544_Monsanto_FBI_GMO_seeds.html.
CHAPTER THIRTY
this improvised routine: This is according to Robert Mo.
$1,000 in charges: Ibid.
sensors that surrounded: U.S. v. Mo Hailong, Document 44 (April 22, 2014) and Document 47 (April 22, 2014).
contact with the outside world: The circumstances in which Robert could leave the house are described in U.S. v. Mo Hailong, Document 47.
$500 for transportation: This is according to Robert.
thousands of pages of documents: U.S. v. Mo Hailong, Document 201 (February 18, 2015).
painfully aware of the debt: Interview with Robert Mo.
vampires perched on his shoulders: Ibid.
resume his work for DBN: Ibid.
catch a big fish: Ibid.
suffered from high blood pressure: U.S. v. Mo Hailong, Document 98–3 (August 28, 2014).
home until eight: Ibid.
he tried to warn her: Interview with Robert Mo.
CHAPTER THIRTY-ONE
gathered law enforcement officers: U.S. v. Mo Hailong, Document 372 (June 10, 2015).
triggered an alert: Interview with Mark Betten.
images of Robert’s devices: Ibid.
DBN’s Boca Raton office: U.S. v. Mo Hailong, Document 558 (December 22, 2015).
“in charge of the specifics”: U.S. v. Mo Hailong, Document 57 (July 2, 2014).
work through the CBP: Betten testified to this at U.S. v. Mo Hailong, Document 372.
bags of souvenirs: U.S. v. Mo Hailong, Document 372.
every chair was occupied: Ibid.
a bland Hudson News: Ibid.
“ask you some questions”: The dialogue that follows is drawn from a verbatim transcript of the encounter, which appears at U.S. v. Mo Hailong, Document 98–2 (August 28, 2014). Further details, such as what the various participants wore and where they
stood while conversing, appear in testimony recorded at U.S. v. Mo Hailong, Document 372.
daughter, who was five . . . twelve-year-old son: U.S. v. Mo Hailong, Document 372.
he still felt awkward: Ibid.
statement from Mo Yun: Ibid.
pulled the girl from her: U.S. v. Mo Hailong, Document 83–1 (July 15, 2014).
laying out her Miranda rights: U.S. v. Mo Hailong, Document 373 (June 10, 2015).
CHAPTER THIRTY-TWO
she chafed under the restrictions: This is according to Robert Mo.
Robert lay on a table: Interview with Robert Mo. His cancer is also detailed at U.S. v. Mo Hailong, Document 660 (November 1, 2016).
a million such cases: “Cancer Statistics,” National Cancer Institute, https://www.cancer.gov/about-cancer/understanding/statistics.
fewer than one thousand . . . never encountered the condition: U.S. v. Mo Hailong, Document 660.
move from Des Moines: U.S. v. Mo Hailong, Document 159 (December 22, 2014).
Toddlers trudged the grounds: These are details that I observed on a trip to MD Anderson’s campus.
all-inclusive packages: Alice Yan, “A Cut Above: Chinese Agencies Offer Overseas Medical Treatment—for a Price,” South China Morning Post, June 2, 2015, https://www.scmp.com/news/china/money-wealth/article/1814711/cut-above-chinese-agencies-offer-overseas-medical-treatment.
sixteen stories of rooms: Adolfo Pesquera, “Blossom Hotel Project Transforms, Expands; Reaches Build Phase,” Virtual Builders Exchange, https://www.virtualbx.com/construction-preview/blossom-hotel-project-transforms-expands-reaches-build-phase/.
doctor in the country: U.S. v. Mo Hailong, Document 660.
six cycles of chemo: Ibid.; interview with Robert Mo.
recurring within two years: U.S. v. Mo Hailong, Document 660.
CHAPTER THIRTY-THREE
first economic espionage case: Interview with Jason Griess.
seventeen thousand intercepted emails: U.S. v. Mo Hailong, Document 254–1 (March 30, 2015).
samples appeared to match: U.S. v. Mo Hailong, Document 506 (November 24, 2015). Of the 652 samples submitted by the government, 115 matched seeds from Pioneer or Monsanto.
rejected only 12 requests: “Foreign Intelligence Surveillance Act Court Orders, 1979–2017,” Electronic Privacy Information Center, https://epic.org/privacy/surveillance/fisa/stats/.
to collect bulk data: Spencer Ackerman, “FISA Court Order That Allowed NSA Surveillance Is Revealed for First Time,” Guardian, November 19, 2013, https://www.theguardian.com/world/2013/nov/19/court-order-that-allowed-nsa-surveillance-is-revealed-for-first-time.
first time in U.S. history: U.S. v. Mo Hailong, Document 224–1 (March 13, 2015). Even in the Wen Ho Lee case, which involved allegations of traditional espionage, the FBI’s application for a FISA warrant was denied. Robert’s case might have been a turning point. FISA was later used in the Xiaoxing Xi case.
assistance from the NSA: U.S. v. Mo Hailong, Document 347 (May 13, 2015).
“We don’t know”: U.S. v. Mo Hailong, Document 305 (May 1, 2015).
affidavit from U.S. Attorney General: U.S. v. Mo Hailong, Document 376 (June 11, 2015).
“no ‘significant need’”: U.S. v. Mo Hailong, Document 224–1.
“an accepted practice”: Interview with Kening Li.
Pioneer Chair in Agribusiness: U.S. v. Mo Hailong, Document 501–2 (November 20, 2015).
subpoenaed Pioneer and Monsanto: Recapped in U.S. v. Mo Hailong, Document 506 (November 24, 2015).
“confidential and sensitive information”: U.S. v. Mo Hailong, Document 207 (March 4, 2015).
“Since this is a conspiracy”: U.S. v. Mo Hailong, Document 506.
“the emperor’s new clothes”: Interview with Robert Mo.
“Monsanto is a victim”: U.S. v. Mo Hailong, Document 358 (May 17, 2015).
“Let me be straight”: Ibid.
CHAPTER THIRTY-FOUR
“You can be seated”: Unless otherwise noted, details of the hearing are drawn from the transcript at U.S. v. Mo Hailong, Documents 372 (June 10, 2015) and 373 (June 10, 2015), and from a visit that I made to the courtroom.
held on a cattle fairground: Julia Preston, “Immigrants’ Speedy Trials After Raid Become Issue,” New York Times, August 8, 2008, https://www.nytimes.com/2008/08/09/us/09immig.html?em.
invited a public rebuke: Julia Preston, “Life Sentence Is Debated for Meat Plant Ex-Chief,” New York Times, April 28, 2010, https://www.nytimes.com/2010/04/29/us/29postville.html.
“lesson in there”: “After Long Sentence, US Judge Stephanie Rose Calls Herself ‘Hulk,’” Associated Press, June 5, 2013, https://globegazette.com/news/iowa/after-long-sentence-us-judge-stephanie-rose-calls-herself-hulk/article_85254a16-ce10-11e2-a159-0019bb2963f4.html.
splashed across the pages: Clark Kauffman, “Prosecutor Who Got Judge’s ‘Hulk’ E-mail Leaves Job,” Des Moines Register/USA Today, June 6, 2013, https://www.usatoday.com/story/news/nation/2013/06/06/iowa-judge-hulk-email-prosecutor-leaves-job/2397039/.
threw out the MSN chats: U.S. v. Mo Hailong, Document 420 (July 17, 2015).
U.S. attorney’s office dropped charges: U.S. v. Mo Hailong, Document 435 (July 28, 2015).
CHAPTER THIRTY-FIVE
on the deflections: Interview with Kevin Montgomery.
“unlike any other environment in the world”: “William Niebur: Interview with Seed World Media President Shawn Brook,” Issues Ink Media, July 9, 2014, https://www.youtube.com/watch?v=8PvuqJL-F-A. Niebur declined to comment on the seed investigation.
brokered a licensing deal: “DuPont Pioneer and Origin Agritech to Jointly Develop New Seed Technology for China’s Farmers,” DuPont Pioneer, April 4, 2016, https://www.prweb.com/releases/dupont-pioneer-seed/origin-agritech-china/prweb13311929.htm.
first branch outside China: “Origin Agritech Establishes North American Operations in Des Moines,” PR Newswire, October 3, 2016, https://www.prnewswire.com/news-releases/origin-agritech-establishes-north-american-operations-in-des-moines-300337769.html.
CHAPTER THIRTY-SIX
Robert looked on: Unless otherwise noted, details of the hearing are drawn from U.S. v. Mo Hailong, Document 597 (January 28, 2016), and from a visit that I made to the courtroom.
spread to his lungs: U.S. v. Mo Hailong, Documents 660 (November 1, 2016)and 661 (November 1, 2016).
Orville Redenbacher boxes: U.S. v. Mo Hailong, Document 263–2 (April 9, 2015).
twenty-two congresspeople’s inquiry: U.S. v. Mo Hailong, Document 524–1 (December 4, 2015).
offhand comment from Joel Thomas: Ibid.
marred by racism and xenophobia: Ibid.
forbade unnecessary mention: U.S. v. Mo Hailong, Document 588 (January 12, 2016).
belted out a cover of “Teen Angel”: “Professor Sha Na Na for Founder of the ’60s Group, After Woodstock Came Forensic Linguistics,” Washington Post, May 8, 2006, https://www.washingtonpost.com/archive/lifestyle/2006/05/08/professor-sha-na-na-span-classbankheadfor-founder-of-the-60s-group-after-woodstock-came-forensic-linguisticsspan/1b564795-7241-41cc-b828-116996db5193/?utm_term=.bd2de1bf997e. Also see Sha Na Na, “Teen Angel,” https://www.youtube.com/watch?v=pqN9n2FbuJE.
judge threw out: U.S. v. Mo Hailong, Document 597.
there was “some weirdness”: U.S. v. Mo Hailong, Document 506 (November 24, 2015).
agents of the U.S. government: U.S. v. Mo Hailong, Document 597.
thought that . . . was dubious: Interview with Robert Mo.
fifteen years in prison: Bob Egelko, “Spy Conviction Upheld for Bay Area Businessman,” SFGate, May 5, 2017, https://www.sfgate.com/business/article/Spy-conviction-upheld-for-Bay-Area-businessman-11125307.php. The Ninth U.S. Circuit Court of Appeals later overturned one portion of the ruling.
another busine
ss transaction: Interview with Robert Mo.
laid out his rights: A transcript of the plea hearing is at U.S. v. Mo Hailong, Document 604 (February 23, 2016). The plea agreement is at U.S. v. Mo Hailong, Document 596 (January 27, 2016).
CHAPTER THIRTY-SEVEN
kept to their respective sides: Unless otherwise noted, details from the sentencing are drawn from my attendance and from transcripts appearing at U.S. v. Mo Hailong, Documents 659–661 (November 1, 2016).
keep the kids away: Interview with Robert Mo.
stopped the drain of resources: Interview with Jason Griess.
Griess found highly specious: In an interview, Griess called the idea that the Tahoe conversations were scripted “one of the most unusual notions I’ve seen in my career.”
the abrupt conclusion: Ibid.
locking up drug runners: I first heard this analogy in an interview with Derek Scissors.
liberalize green card requirements: In “Assessing and Responding to China’s Innovation Initiative,” John Deutsch writes: “It is futile to maintain US competitiveness and its lead in early-stage innovation by trying to keep others out or, for that matter, our ideas in. The only effective response to China’s growing capability is to master the new intellectual frontiers and continue to recruit the most talented workforce able to rapidly translate new ideas into practice.” Deutsch, “Assessing and Responding to China’s Innovation Initiative,” in Technology and National Security: Maintaining America’s Edge, eds. Leah Bitounis and Jonathon Price (Washington, D.C.: Aspen Institute, 2019), 162.
he learned about Robert’s sentence: Interview with Kevin Montgomery.
CHAPTER THIRTY-EIGHT
some former FBI agents: “Senate Should Rename J. Edgar Hoover Building After Champion of Civil Liberties Don Edwards,” Defending Rights & Dissent, August 1, 2017, https://rightsanddissent.org/news/senate-rename-j-edgar-hoover-building-strident-champion-civil-liberties-don-edwards/. Also see Allan Lengel, “Hoover Who? The Battle over the New $1.8B FBI Headquarters and a Name,” ABC News, June 7, 2016, https://abcnews.go.com/US/hoover-battle-18b-fbi-headquarters/story?id=39640360.
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