Asian American scientist Franklin Tao is suing his former employer, the University of Kansas, alleging he was subjected to cruel, unrelenting harassment after being falsely accused of spying for China.
In a complaint filed last week, Tao, a professor of chemistry, claimed that his tenured post had been unjustly and unfairly terminated and is now requesting reinstatement.
In 2019, Tao became the first professor to be arrested and imprisoned under the controversial Trump-era China Initiative after being wrongly accused of economic espionage. The now-defunct national security program drew harsh criticism for targeting Asian American professors and engaging in racial profiling. Tao, who was acquitted last year, claims in the complaint that the institution worked with the Justice Department to prosecute him during the course of his years-long prosecution.
According to the complaint, KU’s atrocious behavior has left Professor Tao’s life, career, reputation, and finances in ruins. The university permitted itself to participate in racist witch hunts and fear mongering instead of embracing academic rigor and enlightened, critical judgment.
Requests for comment from NBC News were not answered by the Department of Justice or the University of Kansas.
According to the lawsuit, Tao claims that in 2019, a visiting scholar at the institution demanded $300,000 from him, threatening to expose him to the FBI for economic espionage since she didn’t get credit for a work. The scholar falsely and anonymously denounced Tao to the university after he refused to be coerced, claiming that he was not only engaged in espionage but also had another full-time job in China, according to the lawsuit.
According to the complaint, the university informed the FBI of the claims without consulting Tao or determining the veracity of the data. According to the lawsuit, the school eventually collaborated closely with the bureau on its probe into the professor. It also allegedly engaged in illegal surveillance on Tao and, in one case, helped the bureau set up a surprise search of his house and lab.
The lawsuit claims that text exchanges between FBI agents and the university’s then-deputy general counsel, which are included in the complaint, demonstrate unlawful cooperation between the two parties. In one such text exchange, the agents joked, “Okay, mom,” while the deputy general counsel referred to them as my Wonder Twins. Following Tao’s arrest, the attorney texted the FBI agents, saying, “Good job, gentlemen.” The complaint said, “Congratulations and thanks.”
According to the lawsuit, KU prosecuted Professor Tao as an instrument of the government rather than defending its own faculty.
Additionally, according to the complaint, the institution fired Tao in 2023 before the criminal procedures were finished, in violation of a contractual agreement that NBC News was able to view that stated the university would wait until the processes were over before deciding to change his employment status.
In 2022, Tao was found guilty. His attorney, however, contended that year that the criminal charges against the professor—who promptly sought for acquittal—were not definitive until the verdict was decided, the appeal was exhausted, and the petition period had passed or been rejected.
According to the complaint, the institution persisted in refusing to reinstate him even after he was cleared of all allegations in July.
Tao was convicted on one count of making a false statement and three counts of wire fraud. A few months later, however, a judge overturned the wire fraud convictions. The 10th U.S. Circuit Court of Appeals in Denver did not rule on the last count until July.
The Biden administration discontinued the China Initiative, which led to Tao’s detention, in 2022 after it received criticism for igniting distrust among Asian American scientists and academics. However, in a vote of 237 to 180, House lawmakers attempted to bring the proposal back in September. Since then, the action has been criticized by a number of civil rights and Asian American organizations. The possible resumption of the plan has been denounced by the Biden White House.
According to a statement from the Biden administration, the bill may also lead to false and detrimental public perceptions that DOJ uses a different standard when looking into and prosecuting criminal activity involving Chinese individuals or American citizens of Chinese origin.
In addition to being reinstated, Tao is requesting an award for legal fees and other relief, as well as damages for mental distress, lost pay, and reputational harm.