AO 245B (Rev. 09/19) Judgment in a Criminal Case

Sheet 1

UNITED STATES DISTRICT COURT

__________ District of __________

UNITED STATES OF AMERICA )

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JUDGMENT IN A CRIMINAL CASE

v.

Case Number:

USM Number:

THE DEFENDANT:

Defendant’s Attorney

G pleaded guilty to count(s)

G pleaded nolo contendere to count(s)

which was accepted by the court.

G was found guilty on count(s)

after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended Count

The defendant is sentenced as provided in pages 2 through of this judgment. The sentence is imposed pursuant to

the Sentencing Reform Act of 1984.

G The defendant has been found not guilty on count(s)

G Count(s) G is G are dismissed on the motion of the United States.

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,

or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances.

Date of Imposition of Judgment

Signature of Judge

Name and Title of Judge

Date

 Southern District of Ohio

YANJUN XU 1:18-cr-43

77877-061

Jeanne Cors, Florian Miedel, Sanna-Rae Taylor

✔ Counts 1, 2, 3 & 4 of the Indictment

18 U.S.C. § 1831(a)(5) Conspiracy to Commit Economic Espionage 4/1/2018 1

18 U.S.C. § 1832(a)(5) Conspiracy to Commit Trade Secret Theft 4/1/2018 2

18 U.S.C. §§ 1831(a)(1), (a)(4), & 2 Attempted Economic Espionage by Theft or Fraud 4/1/2018 3

5

11/16/2022

s/Timothy S. Black

Timothy S. Black, U.S. District Judge

11/21/2022

Case: 1:18-cr-00043-TSB Doc #: 211 Filed: 11/21/22 Page: 1 of 5 PAGEID #: 5354
AO 245B (Rev. 09/19) Judgment in a Criminal Case

Sheet 1A

Judgment—Page of

DEFENDANT:

CASE NUMBER:

ADDITIONAL COUNTS OF CONVICTION

Title & Section Nature of Offense Offense Ended Count

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18 U.S.C. §§ 1832(a)(1), (a)(4), & 2 Attempted Theft of Trade Secrets by Taking or Deception 4/1/2018 4

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AO 245B (Rev. 09/19) Judgment in Criminal Case

Sheet 2 — Imprisonment

Judgment — Page of

DEFENDANT:

CASE NUMBER:

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a

total term of: 

G The court makes the following recommendations to the Bureau of Prisons:

G The defendant is remanded to the custody of the United States Marshal.

G The defendant shall surrender to the United States Marshal for this district:

G at G a.m. G p.m. on .

G as notified by the United States Marshal.

G The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

G before 2 p.m. on .

G as notified by the United States Marshal.

G as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows:

Defendant delivered on to

at , with a certified copy of this judgment.

UNITED STATES MARSHAL

By

DEPUTY UNITED STATES MARSHAL

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One hundred and eighty (180) months on Count 1; and one hundred and eighty (180) months on Count 3, to be run CONCURRENT to Count 1;

One hundred and twenty (120) months on Count 2; and one and hundred twenty (120) months on Count 4, to be run CONCURRENT to Count 2;

but 60 months of the sentence on Counts 2 and 4 shall run CONSECUTIVE to the sentence on Counts 1 and 3

TOTAL AGGREGATE SENTENCE: Two Hundred and Forty (240) months.

✔

- Placement in a facility of appropriate designation closest to New York, New York

✔

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AO 245B (Rev. 09/19) Judgment in a Criminal Case 

Sheet 5 — Criminal Monetary Penalties

Judgment — Page of

DEFENDANT:

CASE NUMBER:

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

-97$$VVHVVPHQW



TOTALS $ $

Assessment 5HVWLWXWLRQ )LQH $9$$$VVHVVPHQW


$ $ $

G The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be

entered after such determination.

G The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in

the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage

TOTALS $ $

G Restitution amount ordered pursuant to plea agreement $

G The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the

fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject

to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

G The court determined that the defendant does not have the ability to pay interest and it is ordered that:

G the interest requirement is waived for the G fine G restitution.

G the interest requirement for the G fine G restitution is modified as follows:

* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.

** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.

*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on

or after September 13, 1994, but before April 23, 1996.

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400.00

0.00 0.00

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AO 245B (Rev. 09/19) Judgment in a Criminal Case 

Sheet 6 — Schedule of Payments

Judgment — Page of

DEFENDANT:

CASE NUMBER:

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

A G Lump sum payment of $ due immediately, balance due

G not later than , or

G in accordance with G C, G D, G E, or G F below; or

B G Payment to begin immediately (may be combined with G C, G D, or G F below); or

C G Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of

(e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or

D G Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of

(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

E G Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from 

imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

F G Special instructions regarding the payment of criminal monetary penalties:

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate

Financial Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

G Joint and Several

Case Number

Defendant and Co-Defendant Names

(including defendant number) Total Amount

Joint and Several

Amount Corresponding Payee, if appropriate

G The defendant shall pay the cost of prosecution.

G The defendant shall pay the following court cost(s):

G The defendant shall forfeit the defendant’s interest in the following property to the United States: 

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,

(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of

prosecution and court costs.

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✔ 400.00

✔ ✔

✔

✔

While incarcerated, if Defendant is working in a non-UNICOR or grade 5 UNICOR job,

Defendant shall pay $25 per quarter toward his financial obligation. If Defendant is working in a

grade 1-4 UNICOR job, Defendant shall pay 50% of his monthly pay toward his financial

obligation. Any change in this schedule of payments shall be made only by order of this Court.

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