New York
3 Are Convicted of Harassing Family on Behalf of China’s Government
Three men were convicted in Brooklyn federal court on Tuesday of stalking a family in the New Jersey suburbs on behalf of the Chinese government.
The defendants, Michael McMahon, 55, Zhu Yong, 66, and Zheng Congying, 27, were found guilty of stalking and a related conspiracy charge. Mr. Zhu and Mr. McMahon were also found guilty of acting as unregistered foreign agents, and Mr. Zhu was convicted on a second conspiracy charge.
Speaking outside the courthouse on Tuesday, Mr. McMahon, a retired New York Police Department sergeant turned private investigator, maintained his innocence and vowed to continue fighting to clear his name.
“If I had known that they were part of a foreign government looking to harass anybody, I would have said no, and I would have called the F.B.I.,” he said.
The verdict capped a three-week trial during which prosecutors laid out a detailed case accusing the men of playing roles in Operation Fox Hunt, a decade-long effort that Chinese officials have said is aimed at repatriating fugitives. The Justice Department contends that the campaign is part of the Communist Party’s push to control Chinese nationals around the world.
The Brooklyn case was the first the Justice Department prosecuted to counter the Chinese operation, and it unfolded as tensions between the rival superpowers reached new heights, with disagreements over China’s growing military footprint and other issues. Secretary of State Antony J. Blinken met with Xi Jinping, China’s leader, in Beijing over the weekend.
The Justice Department has made cases related to China a primary focus in recent years, and the office of the U.S. attorney in Brooklyn, Breon S. Peace, is especially attuned to what it calls “transnational repression” by foreign governments. In a statement after the verdict, Mr. Peace said that Mr. McMahon and Mr. Zhu had acted “at the direction of a hostile foreign state.”
“We will remain steadfast in exposing and undermining efforts by the Chinese government to reach across our border and perpetrate transnational repression schemes targeting victims in the United States in violation of our laws,” he said.
Wang Wenbin, a spokesman for the Chinese Ministry of Foreign Affairs, accused the Justice Department on Friday of “slanders and smears” related to the case, adding that transnational repression “is an allegation that best matches the U.S.’s own practices.”
Mr. McMahon, of Mahwah, N.J., could face up to 20 years in prison, according to the U.S. attorney’s office. But Lawrence Lustberg, his lawyer, said last week that federal sentencing formulas are complicated, and that he believed the maximum for all four counts Mr. McMahon was charged with would be less than three years. (Mr. McMahon was acquitted on one count.) According to prosecutors, Mr. Zhu, of Queens, could face 25 years, and Mr. Zheng, of Brooklyn, could face 10.
On Tuesday, Mr. Lustberg called the verdict “an injustice” and added that the conviction on stalking “criminalizes the work of private investigators in every case.”
Mr. McMahon said that he had notified the local police while conducting surveillance on five separate occasions, and that he had hired other former N.Y.P.D. detectives to help him. Mr. Lustberg had argued at trial that those facts were proof that Mr. McMahon was unaware that the case was connected to the Chinese government.
Renee Wong, a lawyer for Mr. Zheng, said that she considered the verdict good news since he was acquitted of the two top charges, and that her team was considering an appeal of the stalking charge.
“There were no connections between the people that Mr. Zheng knew and the people that Mr. McMahon and Mr. Zhu knew. The connection was simply lacking,” she said.
Kevin Tung, a lawyer for Mr. Zhu, said the decision could increase the risks for any citizen or business dealing with overseas counterparts.
“The message sent to the public is very troubling,” he said.
Mr. Zhu and Mr. Zheng are Chinese citizens with U.S. green cards. Mr. Tung said that his client was a retiree who had come to the United States about 20 years ago and worked in construction and odd jobs. Mr. Zheng’s lawyers said in court that he had worked in a bubble tea shop but had to quit to attend the trial, and was living with a sister.
During the trial, Judge Pamela K. Chen warned everyone involved to focus on the specific allegations, not the international politics swirling around them. The jury began to deliberate on Thursday.
The case centered on Xu Jin, a former Chinese government official who moved to the United States over a decade ago. Prosecutors said the three defendants were key to a plot engineered by Chinese government officials to stalk and harass Mr. Xu and his family and to force him to return to China, where he could have faced the death penalty on an embezzlement charge.
The jury was shown voluminous records documenting communications starting in fall 2016, when Mr. Zhu contacted Mr. McMahon, who was working as a private investigator in New Jersey.
The older man, who did not speak much English, enlisted a translation company in Flushing, Queens, to help him communicate. Mr. McMahon’s understanding was that he was working for a private company seeking to recoup money, Mr. Lustberg said.
Mr. McMahon carried out surveillance for five days spread over six months in 2016 and 2017, and unearthed records related to Mr. Xu’s whereabouts and assets. He also met Mr. Zhu’s associate Hu Ji, who turned out to be a police officer in the Public Security Bureau in Wuhan, China.
A face-to-face encounter among the men, at a Panera Bread restaurant in New Jersey, in October 2016, was captured in a photo shown to the jury as evidence of their direct ties.
In the picture, Mr. McMahon is grinning and standing between the two others with his arm around Mr. Zhu. After the meeting, Mr. Hu, using the name Eric Yan, began contacting Mr. McMahon directly with instructions.
Mr. Lustberg argued during the trial that there was no evidence showing that Mr. McMahon knew that his investigation was being directed by the Chinese government. Rather, the emails about it had referred to a “company” requesting the work.
The target of his investigation, Mr. Xu, was once the head of Wuhan’s Municipal Development and Reform Commission, according to reports in Chinese state media. Those reports said he was wanted for embezzlement, abuse of power and accepting bribes. Mr. Xu testified at the Brooklyn trial but could not immediately be reached for comment after the verdict.
The days for which Mr. McMahon was hired coincided with a 2017 trip to New Jersey by Mr. Xu’s ailing 82-year-old father that prosecutors said Chinese officials had forced him to make.
The elder Mr. Xu’s daughter had already been jailed because of his son’s refusal to return home, jurors were told. Chinese officials then plotted to send the elder Mr. Xu to New Jersey to persuade his son to come back to China, prosecutors said. The officials did not know the younger Mr. Xu’s address, and used his father as bait to lure him out and follow him, prosecutors said.
Mr. Xu’s sister-in-law testified about her shock when the older man showed up on her doorstep in Short Hills, N.J., with no warning. She had already received several threats related to Mr. Xu and knew that the Chinese government was trying to find him, she said. To thwart them, she arranged a meeting the next day at a nearby mall, rather than at Mr. Xu’s home.
But the next year, two men, including Mr. Zheng, showed up at his home in Warren, N.J., and left a threatening note. Mr. Zheng’s lawyer, Paul Goldberger, said that his client was “just a kid” who had driven to the home as a favor to the other man, and that he had immediately regretted his actions.
Mr. Zheng even drove back to try and take the note down, Mr. Goldberger said. But he was too late: Mr. Xu testified that he had already done so, following instructions from the F.B.I.
New York
Large Blaze Ravages Bronx Apartment Building, Leaving Many Displaced
Dozens of families were looking for shelter after a large fire broke out at an apartment building in the Bronx early Friday, injuring at least seven people, the Fire Department said. There were no fatalities or life-threatening injuries, according to officials.
About 250 firefighters and emergency medical responders rushed to a six-story residential building on Wallace Avenue near Arnow Avenue after a fire was reported there just before 2 a.m., the Fire Department said. The blaze on the top floor was elevated to a five-alarm fire about an hour later, it said.
Several dozen firefighters were still gathered outside the building at around 10 a.m. Many windows on the top floor were blown out and some had shards of glass hanging in place that resembled jagged teeth. Smoke continued to climb from the building as a firefighter on a ladder hosed the roof.
The fire was brought under control shortly before 2 p.m., according to fire officials.
The seven people who were injured included five firefighters, the department said in an email. One person was treated at the scene but declined to be taken to a hospital.
A spokeswoman for the Police Department said earlier that some people had suffered smoke inhalation injuries.
Robert S. Tucker, the fire commissioner, said during a news conference that it was a miracle that there had been no serious injuries or fatalities. Officials said that all of the apartments on the building’s top floor were destroyed.
Firefighters blasted water at the smoke and flames pouring out of the upper floors and roof, according to videos posted online by the Fire Department and television news outlets. Heavy winds had fueled the blaze, the department said.
The cause of the fire was under investigation, officials said.
The Red Cross was at the scene helping residents that were displaced by the fire, and a temporary shelter had been set up at the Bennington School on Adee Avenue nearby. Doreen Thomann-Howe, the chief executive of the American Red Cross Greater New York Region, said during the news conference that 66 families had already registered to receive assistance, including lodging. She said she expected that number to increase.
Juan Cabrera and his family were among those seeking help at the Bennington School. Mr. Cabrera said that he and his family had not heard a fire alarm but had instead heard glass breaking as residents climbed out of windows. He said he had also heard people race across the hall one flight above him while others screamed “Get out!”
Mr. Cabrera, 47, said he had smelled smoke and woke up his daughter, Rose, 13. He and his wife, Aurora Tavera, grabbed their IDs, passports and cellphones, and the family left the building.
“I felt desperate,” Ms. Taverna, 32, said.
“Thank God we are still alive,” said Mr. Cabrera, who works as a school aide and custodian and has lived in the building for five years. “The material stuff you can get back, but we have our family,” he said.
Louis Montalvo, 55, was also among those seeking help. He said firefighters banged on his door at around 3 a.m. and that he had smelled smoke.
“I am grateful to be around,” Mr. Montalvo said, as he stood outside of the temporary shelter. He was still wearing his felt pajama pants, which had snowmen printed on them.
Vanessa L. Gibson, the Bronx borough president, said she was “so grateful” there had been no fatalities from the fire.
The last major apartment fire in the Bronx occurred in 2022, and resulted in 17 deaths, which experts said were entirely preventable. Self-closing doors in the building did not work properly, allowing smoke to escape the apartment where the fire started and rapidly fill the structure’s 19 stories.
New York
New York’s Chinese Dissidents Thought He Was an Ally. He Was a Spy.
The Chinese government’s paranoia about overseas dissidents can seem strange, considering the enormous differences in power between exiled protesters who organize marches in America and their mighty homeland, a geopolitical and economic superpower whose citizens they have almost no ability to mobilize. But to those familiar with the Chinese Communist Party, the government’s obsession with dissidents, no matter where in the world they are, is unsurprising. “Regardless of how the overseas dissident community is dismissed outside of China, its very existence represents a symbol of hope for many within China,” Wang Dan, a leader of the Tiananmen Square protests who spent years in prison before being exiled to the United States in 1998, told me. “For the Chinese Communist Party, the hope for change among the people is itself a threat. Therefore, they spare no effort in suppressing and discrediting the overseas dissident community — to extinguish this hope in the hearts of people at home.”
To understand the party’s fears about the risks posed by dissidents abroad, it helps to know the history of revolutions in China. “Historically, the groups that have overthrown the incumbent government or regime in China have often spent a lot of time overseas and organized there,” says Jessica Chen Weiss, a professor of China studies at Johns Hopkins University. The leader Sun Yat-sen, who played an important role in the 1911 revolution that dethroned the Qing dynasty and led eventually to the establishment of the People’s Republic of China, spent several periods of his life abroad, during which he engaged in effective fund-raising and political coordination. The Communist Party’s own rise to power in 1949 was partly advanced by contributions from leaders who were living overseas. “They are very sensitive to that potential,” Weiss says.
“What the Chinese government and the circle of elites that are running China right now fear the most is not the United States, with all of its military power, but elements of unrest within their own society that could potentially topple the Chinese Communist Party,” says Adam Kozy, a cybersecurity consultant who worked on Chinese cyberespionage cases when he was at the F.B.I. Specifically, Chinese authorities worry about a list of threats — collectively referred to as the “five poisons” — that pose a risk to the stability of Communist rule: the Uyghurs, the Tibetans, followers of the Falun Gong movement, supporters of Taiwanese independence and those who advocate for democracy in China. As a result, the Chinese government invests great effort in combating these threats, which involves collecting intelligence about overseas dissident groups and dampening their influence both within China and on the international stage.
Controlling dissidents, regardless of where they are, is essential to China’s goal of projecting power to its own citizens and to the world, according to Charles Kable, who served as an assistant director in the F.B.I.’s national security branch before retiring from the bureau at the end of 2022. “If you have a dissident out there who is looking back at China and pointing out problems that make the entire Chinese political apparatus look bad, it will not stand,” Kable says.
The leadership’s worries about such individuals were evident to the F.B.I. right before the 2008 Beijing Olympics, Kable told me, describing how the Chinese worked to ensure that the running of the Olympic flame through San Francisco would not be disrupted by protesters. “And so, you had the M.S.S. and its collaborators deployed in San Francisco just to make sure that the five poisons didn’t get in there and disrupt the optic of what was to be the best Olympics in history,” Kable says. During the run, whose route was changed at the last minute to avoid protesters, Chinese authorities “had their proxies in the community line the streets and also stand back from the streets, looking around to see who might be looking to cause trouble.”
New York
Hochul Seeks to Limit Private-Equity Ownership of Homes in New York
Gov. Kathy Hochul of New York on Thursday proposed several measures that would restrict hedge funds and private-equity firms from buying up large numbers of single-family homes, the latest in a string of populist proposals she intends to include in her State of the State address next week.
The governor wants to prevent institutional investors from bidding on properties in the first 75 days that they are on the market. Her plan would also remove certain tax benefits, such as interest deductions, when the homes are purchased.
The proposals reflect a nationwide effort by mostly Democratic lawmakers to discourage large firms from crowding out individuals or families from the housing market by paying far above market rate and in cash, and then leasing the homes or turning them into short-term rentals.
Activists and some politicians have argued that this trend has played a role in soaring prices and low vacancy rates — though low housing production is widely viewed as the main driver of those problems.
If Ms. Hochul was inviting a fight with the real estate interests who have backed her in the past, she did not seem concerned. She even borrowed a line from Jimmy McMillan, who ran long-shot candidacies for governor and mayor as the founder of the Rent Is Too Damn High Party.
“The cost of living is just too damn high — especially when it comes to the sky-high rents and mortgages New Yorkers pay every month,” Ms. Hochul said in a written statement.
James Whelan, president of the Real Estate Board of New York, said his team would review the proposal, but characterized it as “another example of policy that will stifle investment in housing in New York.”
The plan — the specifics of which will be negotiated with the Legislature — is one of several recent proposals the governor has made with the goal of addressing the state’s affordability crisis. Voters have expressed frustration about the high costs of housing and basic goods in the state. This discontent has led to political challenges for Ms. Hochul, who is likely to face rivals in the 2026 Democratic primary and in the general election.
In 2022, five of the largest investors in the United States owned 2 percent of the country’s single-family rental homes, most of them in Sun Belt and Southern states, according to a recent report from the federal Government Accountability Office. The report stated that it was “unclear how these investors affected homeownership opportunities or tenants because many related factors affect homeownership — e.g., market conditions, demographic factors and lending conditions.”
Researchers at Harvard University found that “a growing share of rental properties are owned by business entities and medium- and large-scale rental operators.”
State officials were not able to offer a complete picture of how widespread the practice was in New York. They said local officials in several upstate cities had told them about investors buying up dozens of homes at a time and turning them into rentals.
The New York Times reported in 2023 that investment firms were buying smaller buildings in places like Brooklyn and Queens from families and smaller landlords.
Ms. Hochul’s concern is that these purchases make it harder for first-time home buyers to gain a foothold in the market and can lead to more rental price gouging.
“Shadowy private-equity giants are buying up the housing supply in communities across New York, leaving everyday homeowners with nowhere to turn,” she said in a statement on Thursday. “I’m proposing new laws and policy changes to put the American dream of owning a home within reach for more New Yorkers than ever before.”
Cracking down on corporate landlords became a prominent talking point in last year’s presidential election. On the campaign trail, Vice President Kamala Harris called on Congress to pass previously introduced legislation eliminating tax benefits for large investors that purchase large numbers of homes.
“It can make it impossible then for regular people to be able to buy or even rent a home,” Ms. Harris said last summer.
In August, Representative Pat Ryan, Democrat of New York, called on the Federal Trade Commission to investigate price gouging by private-equity firms in the housing market. He cited a study that estimated that private-equity firms “are expected to control 40 percent of the U.S. single-family rental market by 2030.”
Statehouses across the country have recently looked at ways to tackle corporate homeownership. One effort in Nevada, which passed the Legislature but was vetoed by Gov. Joe Lombardo, proposed capping the number of units a corporation could buy in a calendar year. It was opposed by local chambers of commerce and the state’s homebuilders association.
A bill was introduced in the Minnesota State Legislature that would ban the conversion of homes owned by corporations into rentals. It has yet to come up for a vote.
At the federal level, Senator Jeff Merkley, Democrat of Oregon, and Representative Adam Smith, Democrat of Washington, introduced joint legislation that would force hedge funds to sell all the single-family homes they own over 10 years.
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