Woman Accused of Espionage Transferred to Virginia for Arraignment

A woman accused of passing national defense information to the Chinese government is being transferred to Virginia for her arraignment.^[1] After making a brief appearance in a New Orleans courtroom on Wednesday, Chinese national Yu Xin Kang, was ordered by a federal magistrate to be transferred to Virginia ''as soon as possible.''^[2]

Kang was arrested Monday for allegedly facilitating the exchange of classified defense information between New Orleans businessman Tai Kuo and the People's Republic of China.^[3] Also accused is Gregg W. Bergersen, a Department of Defense analyst, who prosecutors allege sold Kuo data which described every planned U.S. sale of military technology to Taiwan for the next five years.^[4]

Through an interpreter, Kang waived her right to be represented by an attorney during Wednesday’s hearing before U.S. Magistrate Louis Moore Jr. She told Judge Moore she will request that a public defender represent her in Virginia.^[5]

A federal public defender in New Orleans offered to assist Kang in making a telephone call to her relatives living abroad and to help her contact a consul for the People's Republic of China. Moore did not oppose that arrangement. According to Moore, it seemed to be the humanitarian thing to do.^[6]

Kang and New Orleans Businessman Tai Kuo were charged with conspiracy to deliver national defense information to a foreign government. The other individual accused in the case, Gregg Bergersen, worked with Kuo at the Defense Security Cooperation Agency in Arlington, Va. Both Kuo and Bergersen made their initial court appearances Monday in Alexandria. Bergersen faces up to 10 years in prison for his alleged participation in a conspiracy to deliver national defense information to a person not entitled to receive it.^[7]

Kuo and Kang were both charged under 18 U.S.C. § 794, which makes it a crime to provide a foreign nation with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note related to the national defense, with an intent to injure the United States or give an advantage to a foreign nation.^[8] If convicted, Kuo and Kang face much stiffer penalties than Bergersen whose maximum sentence is 10 years in prison. The statute under which Kou and Kang are charged is a capital offense, meaning that they may face the death penalty or imprisonment up to life without parole.^[9]

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[1] Michael Kunzelman, Chinese Woman Headed from La. to Va. to Face Espionage Charge, The Associated Press, Feb. 13, 2008 (available at http://www.wtopnews.com).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] 18 U.S.C. § 794 (2008).
[9] Id.