Crime and Courts
Introduction to the Case
A former New York police sergeant was sentenced Wednesday to 18 months in prison in a U.S. case about China’s pursuit of critics abroad, a sentence that came after two members of Congress urged the judge to spare him from time behind bars.
Michael McMahon was convicted in 2023 of contributing to a transcontinental pressure campaign aimed at getting a former Chinese city official to leave the U.S. and return to his homeland. The tactics ranged from Facebook messages to a threatening real-world note on the man’s New Jersey door.
The Sentencing and Conviction
During an hourslong sentencing, McMahon said he was “unwittingly used” by Chinese operatives when he took what he thought was a routine private investigation job in 2016.
“I never thought for one minute I was working for China, stalking anyone. Yet now I’ve lost everything,” McMahon said. “This is such a nightmare.”
He was among 10 people charged in the federal case, which spurred the first trial stemming from U.S. claims about China’s decade-old “Operation Fox Hunt” initiative. Beijing says it’s about bringing corrupt officials and other criminal fugitives to justice; Washington deems it an exercise in threatening and harassing dissidents across borders.
The Judge’s Ruling
U.S. District Judge Pamela Chen said McMahon aided "a campaign of transnational repression ″ that harmed the targeted man, his family and the United States.
“This type of crime really does threaten our country’s national security,” Chen said. She said the retired New York Police Department officer ignored clear trouble signs when he agreed in 2016 to help find a man named Xu Jin.
The Case Against Xu Jin
Xu, a former official in the city of Wuhan, left China in 2010. Authorities there have accused Xu and his wife of bribery, which they deny. Xu’s wife testified that he was unjustly targeted for rankling the Chinese power structure.
China doesn’t have an extradition treaty with the U.S., so China couldn’t legally force Xu’s return. But he was repeatedly and insidiously pressed to return.
At one point, his octogenarian father was abruptly flown in from China to press him to go back, according to trial evidence. Later, a threatening note was taped to his door telling him to go to prison in China to ensure his family’s well-being.
Reaction to the Sentence
Brooklyn-based U.S. Attorney John Durham said in a statement Thursday that the ex-officer “went rogue and dishonorably engaged in a scheme at the direction of the People’s Republic of China.” China denies threatening people to make them return.
Through his lawyer, McMahon acknowledged searching law enforcement and government databases and conducting surveillance to gather information on Xu. But the former officer maintained he was told the investigation was for a Chinese construction company hoping to recover embezzled money.
McMahon and his attorney, Lawrence Lustberg, acknowledged Thursday that the investigator missed “red flags.” But his clients deceived him, he didn’t anticipate the things they did to badger Xu, and he wouldn’t have taken the $11,000 job if he had known about China’s alleged involvement, Lustberg insisted, calling McMahon a patriot.
The claim of transnational repression “horrifies him as much as anybody,” Lustberg said.
Conclusion
The case highlights the complexities of international law enforcement and the challenges of navigating geopolitical tensions. As the world becomes increasingly interconnected, the risk of transnational repression and cybercrime grows, making it essential for law enforcement agencies to stay vigilant and cooperate across borders. The sentencing of Michael McMahon serves as a reminder of the severe consequences of engaging in such activities and the importance of upholding the rule of law.
FAQs
- What was Michael McMahon sentenced for?
- Michael McMahon was sentenced to 18 months in prison for contributing to a transcontinental pressure campaign aimed at getting a former Chinese city official to leave the U.S. and return to his homeland.
- What is “Operation Fox Hunt”?
- “Operation Fox Hunt” is a decade-old initiative by China aimed at bringing corrupt officials and other criminal fugitives to justice, but the U.S. deems it an exercise in threatening and harassing dissidents across borders.
- Why was Xu Jin targeted?
- Xu Jin, a former official in the city of Wuhan, was accused by Chinese authorities of bribery, which he and his wife deny. His wife testified that he was unjustly targeted for rankling the Chinese power structure.
- What was the role of Michael McMahon in the case?
- Michael McMahon, a former New York police sergeant, was hired for what he thought was a routine private investigation job in 2016 but was actually part of a campaign to pressure Xu Jin to return to China.
- What is the significance of this case?
- The case highlights the challenges of international law enforcement, the risk of transnational repression, and the importance of cooperation across borders to uphold the rule of law.
