WRITTEN BY Zachary Newland, Founding Partner. Last Updated August 3, 2026.

Federal Criminal Defense for Chinese Nationals Facing Investigation or Charges

On This Page

• Why Federal Scrutiny of Chinese Nationals Carries Serious Criminal Exposure
• What Federal Criminal Defense Means in Cases Involving Chinese Nationals
• Federal Statutes Commonly Used Against Chinese Nationals
• How Federal Investigations Targeting Chinese Nationals Work
• What to Do If You Are Contacted by the FBI or DOJ
• How Evergreen Attorneys Can Help
• Frequently Asked Questions

Why Federal Scrutiny of Chinese Nationals Carries Serious Criminal Exposure

If you are a Chinese national living, studying, or doing business in the United States, and a federal agency has contacted you, served you with a subpoena, or identified you in an investigation, the consequences you face are governed by federal criminal law. That means potential prison sentences measured in years or decades, substantial fines, asset forfeiture, and, for non-citizens, immigration consequences that can include removal from the country.

Federal prosecutors do not need to prove citizenship to bring charges. They need to prove that you committed conduct that violates a federal statute within the jurisdiction of a United States court. Nationality may explain why the government became interested in you, but it does not change the standard of proof, the rules of evidence, or the procedural protections you are entitled to assert.

The United States federal government has taken the position that Chinese nationals pose a significant threat to the U.S.: https://www.fbi.gov/investigate/counterintelligence/the-china-threat

If federal agents have contacted you or you have received a federal document, contact Evergreen Attorneys at (303) 948-1489 before responding or producing information.

What Federal Criminal Defense Means in Cases Involving Chinese Nationals

Federal criminal defense is the representation of a person accused of violating federal law in a United States District Court. In cases involving Chinese nationals, the charges most often stem from allegations of wire fraud, conspiracy, false statements to federal agents, or acting as an unregistered agent of a foreign government.

The legal framework is the same as it would be for any defendant. The government must prove every element of the charged offense beyond a reasonable doubt. The defense focuses on what the evidence actually shows, how the investigation was conducted, whether constitutional protections were honored, and whether the charged conduct fits the statute the government selected.

What makes these cases distinct is not the law itself but the investigative posture. Federal agencies, including the FBI and the Department of Justice’s National Security Division, sometimes pursue cases involving Chinese nationals under programs that prioritize foreign-influence and economic-espionage theories.

That posture can lead to aggressive early investigative steps, including surveillance, interview requests framed as voluntary, and federal grand jury subpoenas issued before a target fully understands the scope of the inquiry.

Federal Statutes Commonly Used Against Chinese Nationals

The federal government draws from a specific set of statutes when building cases against Chinese nationals. Understanding which statute applies, and what each one requires the government to prove, is the starting point for any defense.

18 U.S.C. § 1343 (wire fraud) requires the government to prove that a person devised or participated in a scheme to defraud and used interstate wire communications in furtherance of that scheme. The maximum penalty is 20 years of imprisonment per count, or 30 years when a financial institution is involved.

18 U.S.C. § 1349 (conspiracy to commit fraud) does not require a completed fraud. The government only needs to prove an agreement and an overt act. This statute is often charged alongside wire fraud to broaden the theory of liability.

18 U.S.C. § 371 (general conspiracy) covers agreements to commit any federal offense or to defraud the United States. It carries a maximum sentence of five years.

18 U.S.C. § 951 (acting as an agent of a foreign government) applies to anyone who acts within the United States as an agent of a foreign government without prior notification to the Attorney General. In a recent DOJ prosecution involving two individuals charged under this statute, the defendants faced up to 10 years of imprisonment and a $250,000 fine.

18 U.S.C. § 1001 (false statements) criminalizes making a materially false statement to a federal agent or agency. This charge often arises from the investigation itself, not from the underlying conduct the government was originally pursuing. A single misleading answer during what feels like a routine interview can become a standalone federal felony carrying up to five years.

Evergreen Attorneys won 9-0 in the U.S. Supreme Court in United States v. Hemani in June 2026, demonstrating the firm’s capability to challenge the government’s interpretation of federal statutes at the highest level.

How Federal Investigations Targeting Chinese Nationals Work

Federal investigations involving Chinese nationals typically follow a pattern. Recognizing that pattern is critical because the decisions you make during the investigation stage, before any charges are filed, often determine the trajectory of the entire case.

Lying to the FBI or another federal agency itself a felony, even if you are never charged with the offense the agents were originally investigating. The government routinely uses early interviews to lock in statements that become the basis for false-statement charges or that undermine a defense at trial.

If the investigation advances, the government may issue a grand jury subpoena for documents, a target letter identifying you as a subject or target, or seek an indictment from a grand jury. At any of these stages, having defense counsel already involved allows for informed decisions about document production, testimony, and negotiation.

What to Do If You Are Contacted by the FBI or DOJ

The steps you take in the first hours and days after federal contact are often the most consequential in the entire case. Here is what you should do:

1. Do not answer substantive questions. You have no legal obligation to speak with federal agents. Politely decline to discuss the matter until you have spoken with counsel. You do not need to explain why.
2. Do not guess, speculate, or try to clear things up. Anything you say can be used against you, and an inaccurate statement can become a separate federal charge under 18 U.S.C. § 1001.
3. Preserve all documents, electronic communications, and records. Do not delete, alter, or move files. Destruction of evidence during a federal investigation can result in obstruction charges.
4. Write down what happened. Record the names of the agents, the agency, the date, the time, what was said, and what documents or items were referenced.
5. Contact a federal criminal defense attorney immediately. An experienced federal defense lawyer can assess the scope of the investigation, identify the statutes at issue, and advise you on every interaction going forward.
6. Do not discuss the investigation with friends, family, colleagues, or on social media. Federal investigators monitor communications, and statements made to third parties can be introduced as evidence.

How Evergreen Attorneys Can Help

Evergreen Attorneys handles front-side federal criminal defense matters, including investigations, grand jury proceedings, and federal fraud charges involving wire fraud, conspiracy, false statements, and foreign-agent allegations. The firm represents clients nationwide in United States District Courts.

Zachary Newland, Founding Partner, has appeared as counsel of record in more than 120 federal cases since 2016. He focuses on pre-trial and pre-indictment federal criminal defense, which means he is involved from the investigation stage, before charges are filed, when the decisions that shape a case’s outcome are being made. His work includes assessing the government’s statutory theory, identifying weaknesses in the evidence, managing grand jury exposure, and building a defense strategy that accounts for the specific federal risks a client faces.

For cases involving Chinese nationals, the firm separates nationality from legal analysis. The defense is built around the elements the government must prove, the quality of the evidence, the legality of the investigative methods, and the procedural protections that apply to every person in a federal courtroom.

Frequently Asked Questions

Can a foreign national be charged with white-collar crimes in federal court?

Yes. Federal statutes such as wire fraud (18 U.S.C. § 1343), conspiracy (18 U.S.C. § 371 and § 1349), and false statements (18 U.S.C. § 1001) apply based on conduct and jurisdiction, not citizenship. If the government believes a person used interstate communications, coordinated a scheme, or made materially false statements within the reach of a federal court’s jurisdiction, it can bring charges regardless of the defendant’s nationality.

Why does nationality matter in some federal investigations?

Nationality can matter when the government is investigating alleged foreign-agent activity under 18 U.S.C. § 951, sanctions violations, export-control breaches, or conduct allegedly directed by a foreign government. In other cases, nationality may be part of the investigative background but does not change the legal elements the government must prove. A defense lawyer’s role is to separate prejudice or speculation from the actual statutory requirements.

What protections apply to non-citizens during a federal investigation?

The constitutional protections that apply in federal criminal proceedings, including the right to counsel, the right against self-incrimination, the right to a jury trial, and the requirement of proof beyond a reasonable doubt, apply to every person within the jurisdiction of a United States court. Citizenship is not a prerequisite for these protections. Non-citizens also face additional risks, including potential immigration consequences from a conviction or even from cooperating without proper legal guidance.

When should a person under federal scrutiny involve a federal defense attorney?

The earliest possible point. If federal agents have contacted you, if you have received a federal target letter or subpoena, or if you believe you may be connected to an investigation, retaining counsel before making any substantive response protects your rights and preserves your options. The most damaging mistakes in federal cases happen before charges are filed, during the investigation stage, when people try to handle the situation without understanding the legal risks.

If you are facing a federal investigation or federal criminal charges as a Chinese national in the United States, contact Evergreen Attorneys at (303) 948-1489 for a free and confidential case evaluation or email us at [email protected].