Wednesday, July 20, 2016
Kim on Prosecuting Chinese "Spies"
Andrew Chongseh Kim (Concordia University School of Law) has posted Prosecuting Chinese 'Spies' on SSRN. Here is the abstract:
The primary question this study seeks to answer is: “Are people of Chinese descent disproportionately falsely prosecuted as spies?” The answer, this study finds, is yes.
It uses PACER court filings from a random sampling of Economic Espionage Act cases to identify disparities in prosecutions. It finds that around a third of EEA prosecutions include Chinese defendants and that the average sentence for convicted Chinese defendants is over twice as long as that for Western defendants. Whether these findings reflect improper bias against Chinese defendants or simply reflect the magnitude of the problem of Chinese espionage is a question for further study.
This study next finds that the DOJ likely is filing charges under the EEA against innocent Chinese in gross disproportion to other groups.
https://lawprofessors.typepad.com/crimprof_blog/2016/07/kim-on-prosecuting-chinese-spies.html