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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

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UNITED STATES OF AMERICA,

Plaintiff,

vs.

YANJUN XU, also known as XU

YANJUN, also known as QU HUI,

also known as ZHANG HUI,

Defendant.

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CASE NO. 1:18-cr-0043

JURY TRIAL, DAY 14

5th of November, 2021

9:30 A.M.

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TRANSCRIPT OF PROCEEDINGS

BEFORE THE HONORABLE TIMOTHY S. BLACK, JUDGE

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APPEARANCES:

For the Plaintiff:

Timothy S. Mangan, Esq.

Emily N. Glatfelter, Esq.

Assistant United States Attorneys

221 East Fourth Street, Suite 400

Cincinnati, Ohio 45202

For the Defendant:

Ralph William Kohnen, Esq.

Jeanne Marie Cors, Esq.

Sanna-Rae Taylor, Esq.

Taft Stettinius and Hollister

425 East Walnut Street, Suite 1800

Cincinnati, Ohio 45202

and

Robert K. McBride, Esq.

Taft Stettinius and Hollister

50 East RiverCenter Boulevard

Suite 850

Covington, Kentucky 41011

and

Florian Miedel, Esq.

Miedel & Mysliwiec, LLP

80 Broad Street, Suite 1900

New York, New York 10004

Also present: Mae Harmon, Interpreter

Robin Murphy, Interpreter

Yanjun Xu, Defendant

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Proceedings recorded in stenotype.

Transcript produced with computer-aided transcription.

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Law Clerk: Cristina V. Frankian, Esq.

Courtroom Deputy: Rebecca Santoro

Stenographer: Lisa Conley Yungblut, RDR, RMR, CRR, CRC

United States District Court

100 East Fifth Street

Cincinnati, Ohio 45202

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(Proceedings held in open court outside the presence of

the jury at 9:29 a.m.)

THE DEPUTY: All rise. This United States District

Court for the Southern District of Ohio is now in session,

the Honorable Timothy S. Black, District Judge, presiding.

THE COURT: Thank you. Please be seated. We're

back on the record in the United States versus Xu. Jury is

not here. Government team is here in full. Defense is here

in full, defendant and two interpreters.

Are we ready for the jury from the government's

perspective?

MR. MANGAN: Yes, Your Honor.

THE COURT: And the defense?

MR. KOHNEN: Yes, Your Honor.

THE COURT: Very well. Let's call for the jury,

please.

(Pause.)

THE DEPUTY: All rise for the jury.

(Jury entered the courtroom at 9:30 a.m.)

THE COURT: You may all be seated. Thank you. The

12 members of the jury have come to the courtroom. It's

9:30. Good morning. Dragged you all the way down here to

say good morning, count all 12 of you, send you back

upstairs to continue in your deliberations. We appreciate

what you're doing. We'll rise as you leave.

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THE DEPUTY: All rise for the jury.

(Jury exited the courtroom at 9:32 a.m.)

THE COURT: Jury has left the room. We'll await

communication from the jury. Let's make sure we give it a

moment for the jury to get upstairs.

I'm prepared to recess. Anything further from the

government?

MR. MANGAN: No, Your Honor.

THE COURT: The defense?

MR. KOHNEN: No, thank you, Judge.

THE COURT: Very well. We're in recess until we

hear from the jury.

THE DEPUTY: This court is now in recess.

(Recess taken from 9:33 a.m. to 3:53 p.m.)

(Proceedings held in open court outside presence of the

jury at 3:53 p.m.)

THE DEPUTY: All rise. This court is in session

pursuant to the recess.

THE COURT: Thank you. Please be seated. We're in

the open courtroom back on the record in United States

versus Xu. Government's team is here in full. Defense team

is here in full. Defendant is here with the two

interpreters.

I'm advised that the jury has reached a verdict. I

would intend to call for them momentarily, place them in the

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box, ask if there's a foreperson, ask the foreperson if he's

in possession of the four verdict forms. If they're signed

by all 12 jurors reflecting unanimity, I'll ask him to

deliver it to Ms. Santoro. I'll ask her to bring me the

verdict forms. I'll review the verdict forms, and then I

will present them by reading them.

At the time of presentation of the verdict, I'll ask

the parties and their lawyers to stand to receive the jury's

verdict. When the verdict is delivered, I order all persons

to remain quiet without outbursts of any kind. I'll then

ask the -- I will then poll the jurors and ask each one if

the verdicts read are in fact their verdicts.

Once I complete that, I will indicate that the jury has

spoken and the findings shall be rendered as a judgment. I

will then thank the jurors and excuse them. I'll indicate

that I'd like to come up to thank them personally. We have

a local rule that the attorneys are not to inquire of the

jurors in any way, and unless until that order is modified

by this judge, that's where we are.

Are we ready for the jury from the government's

perspective?

MR. MANGAN: Yes, Your Honor.

THE COURT: And the defense?

MR. KOHNEN: Yes, Your Honor.

THE COURT: Very well. Let's call for the jury.

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(Pause.)

(Jury returned to the courtroom at 3:57 p.m.)

THE DEPUTY: All rise for the jury.

THE COURT: You may all be seated. Thank you. All

12 jurors are returned to the courtroom. Welcome back. I'm

advised that you have reached verdicts.

Is there a foreperson?

JUROR NO. 11: Yes, Your Honor.

THE COURT: Are you in possession of four verdict

forms each signed by all 12 jurors?

JUROR NO. 11: Yes.

THE COURT: Very well. Ms. Santoro, she'll

retrieve your jury forms from me -- from you, deliver them

to me. I'll review them briefly and I will announce the

verdicts.

(Pause.)

THE COURT: Verdict forms appear to be in order.

I'm prepared to deliver the verdict of the jury. If the

parties and their lawyers will stand to receive the verdict

of the jury.

As to Count I of the indictment charging conspiracy to

commit economic espionage in violation of law, we, the jury,

find the defendant guilty, signed by all 12.

As to Count II of the indictment charging conspiracy to

commit trade secret theft in violation of the law, we, the

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jury, find the defendant guilty, signed by all 12 jurors.

As to Count III of the indictment charging attempt to

commit economic espionage in violation of federal law, we,

the jury, find the defendant guilty.

As to Count IV of the indictment charging attempt to

commit trade secret theft in violation of federal law, we,

the jury, find the defendant guilty.

The parties and counsel may be seated.

As required by law, I'm going to poll the jury

individually to be certain that this is in fact your verdict

as well as the verdict of your fellow jurors.

Is this your verdict, Juror No. 1?

JUROR NO. 1: Yes, Your Honor.

THE COURT: Juror No. 2, is this your verdict?

JUROR NO. 2: Yes, Your Honor.

THE COURT: Juror No. 3, is this your verdict?

JUROR NO. 3: Yes, Your Honor.

THE COURT: Juror No. 4, is this your verdict?

JUROR NO. 4: Yes, Your Honor.

THE COURT: Juror No. 5, is this your verdict?

JUROR NO. 5: Yes, Your Honor.

THE COURT: Juror No. 6, is this your verdict?

JUROR NO. 6: Yes, Your Honor.

THE COURT: Juror No. 7, is this your verdict?

JUROR NO. 7: Yes, Your Honor.

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THE COURT: Juror No. 8, is this your verdict?

JUROR NO. 8: Yes, Your Honor.

THE COURT: Juror No. 9, is this your verdict?

JUROR NO. 9: Yes, Your Honor.

THE COURT: Juror No. 10, is this your verdict?

JUROR NO. 10: Yes, Your Honor.

THE COURT: Juror No. 11, Mr. Foreman, is this your

verdict?

JUROR NO. 11: Yes, Your Honor.

THE COURT: Juror No. 12, is this your verdict?

JUROR NO. 12: Yes, Your Honor.

THE COURT: Very well. The written verdicts of the

jury signed by -- all 12 have been signed and I have read

them into the record in the presence of the parties and the

lawyers. I've polled each of the 12 jurors and they

affirmed that these verdicts are theirs. The jury has

spoken: Guilty on all four counts.

Ladies and gentlemen of the jury, from the bottom of my

heart, on behalf of the Court, community, and the

participants, I want to thank you for your service. We

signed you up for a large period of your life. You agreed,

you came here. I watched you each and every day. You were

focused and many were taking notes, and you have clearly

worked hard and done your duty to deliberate.

I think I told you before, we live in a democracy where

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there is not a king or a queen who decides criminal

liability. We ask 12 ordinary citizens to leave their lives

at home and come listen to the evidence and collectively

render verdicts, and you have done that. I want you to know

that what you did was extraordinarily important to democracy

and to the participants, particularly, but to the community

as a whole.

My admiration for each of you and for the work you have

done cannot fully be expressed; I've tried to do it.

Momentarily, I'm going to release you. I'm going to come up

to the jury room as soon as I can, within a few minutes; if

any of you are able to stay, I wish to express my

appreciation to you personally.

We have a local rule in this court that the parties and

the lawyers are not permitted to talk to the jurors after a

verdict so jurors aren't inundated with questions and

pressing questions. As long as I don't change that, which I

could, you'll be safe from inquiries. You're free to talk

now to anyone or to no one about the work you did and the

verdicts you found. You don't have to talk to people; you

can. I hope you'll tell your family members and your

neighbors and friends what you've been through and I hope

you'll tell them it was a worthwhile experience in a

laboratory of democracy.

But I'm going to ask the lawyers and parties not to

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communicate with you. If they break my arm later and are

given leave to communicate with you, you don't have to talk

to them, just be polite, I don't wish to discuss it; or you

can discuss it as you choose. But let's not lose track of

the fact that you all acted with diligence and commitment,

which warms my heart and the community's heart. So on

behalf of the Court, the community, and the participants,

may God bless you.

Out of respect for you, we'll rise as you leave. I'll

be up momentarily if you're able to stay. If you're unable

to stay, flat out don't want to, I will not be offended.

Out of respect for you, we'll rise as you leave.

THE DEPUTY: All rise for the jury.

(Jury exited the courtroom at 4:06 p.m.)

THE COURT: Jury has left the room and the door is

closing. You may be seated. The jury has spoken.

Is there anything that requires the judge's attention

before we adjourn fully, from the government?

MR. MANGAN: Your Honor, initially, we would ask

that the defendant remain detained pending sentencing.

THE COURT: Very well.

Does the defense have anything for the Court at this

time?

MR. KOHNEN: Nothing, Your Honor, other than to

thank you for your professionalism and your courtesies. We

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appreciate that very much. Thank you.

THE COURT: That's a sweet statement, Mr. Kohnen,

and you're welcome.

The order -- the defendant shall be remanded to the

custody of the US Marshal pending sentencing.

I order the preparation of a written presentence

report. An officer of the Court will come to interview the

defendant. Counsel may be present. You may participate or

not. Preparation of the report is designed to assist me; if

it assists me, it assists him, so I hope he will participate

fully.

But with that, I believe we have concluded this, and I

want to say something seriously. I have seldom, if ever,

been impressed by as many lawyers as I was impressed by in

this case. This was a hard case, duly contested. Everyone

was professional and everyone served with excellence. If

you want a full-blown personal review, I'll do that off the

record another time, but you made me proud to be a lawyer.

And with that, out of respect, I will rise and indicate that

we are adjourned.

THE DEPUTY: This court is now adjourned.

(Proceedings concluded at 4:08 p.m.)

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C E R T I F I C A T E

In accordance with 28 U.S.C. Section 753, I certify 

that the foregoing is a correct transcript of the record of 

proceedings in the above-entitled matter prepared from my 

stenotype notes and that the transcript page format is in 

accordance with the regulations of the Judicial Conference 

of the United States. 

 _______________________________________01/10/2022

LISA CONLEY YUNGBLUT, RDR, RMR, CRR, CRC DATE

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