The Huawei Criminal Case In The US Has No Trial Resolution But A New Agreement Has Appeared, What Is It?

Huawei, still awaiting trial in the US case. (photo credit: pixabay)

JAKARTA – A three-year criminal case against Chinese telecommunications equipment maker Huawei is far from being heard in New York. There is, however, a new deal in the case that frees Huawei's chief financial officer.

During a status conference on Wednesday, December 15, US District Court Judge Ann Donnelly, who is presiding on the case in Brooklyn, asked attorneys when the case might be ready.

"Are we thinking about a trial date?" he asked. "I know it's crazy talk."

"I think we have quite a distance," replied lawyer Tom Green, who represents Huawei, as quoted by Reuters.

He said the COVID restrictions had disrupted defense preparations. "I don't know when we will be able to travel even to meet our clients," Green said as quoted by Reuters

Huawei Technologies Co Ltd was indicted in 2018, accused of misleading HSBC and other banks about its business in Iran, a country currently subject to US sanctions.

Last year, other charges were added, including conspiring to steal trade secrets from six US technology companies and helping Iran track down protesters during anti-government demonstrations in 2009. The company pleaded 'not guilty' to all the charges.

Green said the defense was planning "a myriad of motions" before the trial, including motions to decide the case.

And he said the government had a "pretty good way" of handing over documents to the defense.

Meanwhile, CFO Meng Wanzhou completed her part in the defense of the case, which is linked to allegations of misleading HSBC, with US authorities in September.

As part of a suspended prosecution agreement, Meng was allowed to leave Canada, where she has been detained on a US warrant and is fighting for extradition, to fly to China, where she received a hero's welcome.

But the US still has Huawei data on a trade blacklist that limits its purchases of US technology and goods.

Huawei's own revenue has fallen 38% in the third quarter from the same period a year earlier due to these cases.

In November, the US Department of Commerce placed NSO on the so-called Banned Entity List, which prohibits US suppliers from selling software or services to the Israeli spyware maker without obtaining special permission.

A number of legal challenges also threaten the industry. Last week a prominent Saudi activist and the non-profit Electronic Border Foundation sued DarkMatter, accusing the group of hacking into his phone.

Apple also sued the NSO Group in November, saying it violated US law by breaking into software installed on iPhones.

A Reuters 2019 investigation, cited in the letter, also revealed a secret hacking unit within DarkMatter, known as Project Raven, which helps the UAE spy on its adversaries.

In a September settlement with the Justice Department, three members of the unit, all former US intelligence agents, admitted to violating hacking laws.