A Chinese national was charged Friday with destroying a hard drive during an FBI investigation into possible involvement with the transfer of sensitive software to China.
The US Department of Justice said that Guan Lei, a 29-year-old Chinese national and researcher at the University of California, Los Angeles, was arrested pursuant to a criminal complaint unsealed during his initial appearance in the US District Court.
The complaint alleges that Guan Lei, who is in the US on a J-1 non-immigrant visa, threw a damaged hard drive into a dumpster near his place of residence on July 25. Guan attempted to board a flight to China but was not allowed to board. The FBI recovered the damaged hard drive after Guan refused their request to examine the computer. An affidavit in support of the complaint stated that the hard drive “was irreparably damaged and that all previous data associated with the hard drive appears to have been removed deliberately and by force.”
It is stated in the complaint that Guan is being investigated for “transferring sensitive U.S. software or technical data to China’s National University of Defense Technology (NUDT) and falsely denying his association with the Chinese military—the People’s Liberation Army—in connection with his 2018 visa application and in interviews with federal law enforcement.”
In addition to destroying the hard drive, it is alleged that Guan “concealed digital storage devices from investigators and falsely told federal officials that he had not had any contact with the Chinese consulate during his nearly two-year stay in the U.S.”
The felony of destruction of evidence carries a statutory maximum 20-year prison sentence.
Guan was ordered to be detained by a US magistrate judge, who scheduled an arraignment for September 17.