Biden commerce nominee signed agreement that cleared Huawei CFO of fraud charges – Fox Business
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FOX Business host discusses how the Trump administration worked with allies to push back against Huawei and the Chinese Communist Party.
President Biden's nominee for a key Department of Commerce (DOC) position signed an agreement that cleared the Huawei chief financial officer (CFO) of fraud charges, Fox Business has learned.
Thea Kendler, the president’s nominee to be the DOC’s assistant secretary for export administration, was serving on the Department of Justice’s (DOJ) prosecution team of Meng Wanzhou, the CFO for the Chinese telecommunications company.
Meng was released from Canadian custody in September after reaching a deferred prosecution agreement with the DOJ — an agreement Kendler signed one day after her Senate nomination hearing.
HUAWEI EXEC’S RELEASE TO CHINA UNDER BIDEN ADMIN SHOWS ‘STRATEGIC RETREAT’
Huawei Chief Financial Officer Meng Wanzhou flew home to China on Friday after reaching an agreement with U.S. prosecutors to end the bank fraud case against her, relieving a point of tension between China and the United States. (Darryl Dyck/The Cana (Darryl Dyck/The Canadian Press via AP / AP Newsroom)
A deferred prosecution agreement is a form of legal adjudication that eventually drops charges against a defendant should they fulfill their side of the bargain in the agreement.
Should Kendler be confirmed, she would be a major player in the office of the DOC that is "vital to controlling exports to China," and is responsible for export licenses, treaty compliance, and treaty obligations.
Meng was hit with "charges of conspiracy to commit bank fraud and conspiracy to commit wire fraud, bank fraud and wire fraud," according to a DOJ press release.
NEW YORK, NEW YORK – SEPTEMBER 21: U.S. President Joe Biden addresses the 76th Session of the U.N. General Assembly on September 21, 2021 at U.N. headquarters in New York City. More than 100 heads of state or government are attending the session in p ((Photo by Timothy A. Clary-Pool/Getty Images) / Getty Images)
The terms of Meng’s deferred prosecution agreement were light, however, only requiring the Chinese national charged with defrauding financial institutions to agree to a "four-page statement of facts that details the knowingly false statements" to one of the financial institutions in the case.
HUAWEI CFO LEAVES CANADA FOR CHINA AFTER AGREEMENT WITH US OVER FRAUD CHARGES, DETAINED CANADIANS HEAD HOME
The only other stipulation of Meng’s deal with the government was an agreement "not to commit other federal, state or local crimes."
Sen. Bill Hagerty's, R-Tenn., spokesperson told Fox Business that Hagerty wants to "understand" the negotiations that led to the deferred prosecution agreement.
"Senator Hagerty wants to understand the interagency process and negotiations with Communist China and others, including Thea Kendler’s role at the Justice Department, that led to the deferred prosecution agreement for Huawei CFO’s Meng Wanzhou," Hagerty's spokesperson said.
Sen. Bill Hagerty, R-Tenn. (Bill Clark/CQ-Roll Call, Inc via Getty Image / Getty Images)
Hagerty blasted the deal after the initial release, saying he was "very concerned that this appears, that it could be more appeasement from the Biden Administration, more capitulation."
Sen. Marco Rubio, R-Fla., also criticized the release in September, saying it "raises serious questions about President Biden's ability and willingness to confront the threat posed by Huawei and the Chinese Communist Party."
Last month, Biden signed into law the "Secure Equipment Act," bipartisan legislation that would ban the Federal Communications Commission (FCC) from authorizing "application for equipment that is on the list of covered communications equipment or services." The FCC unanimously voted last year to classify Huawei and ZTE as national security threats.
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A White House official defended Kendler's nomination by telling Fox Business that Kendler is a career DOJ prosecutor and that she has support from Republicans and Democrats. The official also said this issue was not discussed during the confirmation hearing.
The Department of Commerce didn't respond to Fox Business' request for comment.
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