Biden Commerce nominee signed deal that frees Huawei CFO of fraud charges

President Biden’s candidate for a key Commerce Department (DOC) job signed an agreement that frees Huawei’s chief financial officer (CFO) of fraud charges, Fox Business has learned.

Thea Kendler, the president’s candidate for DOC’s deputy secretary for export administration, was part of the Department of Justice (DOJ) prosecution team of Meng Wanzhou, the chief financial officer of the Chinese telecommunications company .

Meng was published detention in Canada in September after reaching a deferred prosecution agreement with the Justice Department – an agreement Kendler signed a day after his Senate nomination hearing.

HUAWEI EXEC RELEASE IN CHINA UNDER BIDEN ADMIN SHOWS ‘STRATEGIC RETIREMENT’

Huawei CFO Meng Wanzhou returned home to China on Friday after reaching a deal with U.S. prosecutors to end the bank fraud case against him, easing a point of tension between China and the United States. United States. (Darryl Dyck / The Cana (Darryl Dyck / The Canadian Press via AP / AP Newsroom)

A deferred prosecution agreement is a form of legal arbitration that ends up dropping charges against a defendant if they fulfill their end of the bargain in the agreement.

If Kendler were confirmed, she would be a major player in the DOC office which is “essential to controlling exports to China” and would be responsible for export licensing, treaty compliance and treaty obligations.

Meng was charged with “conspiracy to commit bank fraud and conspiracy to commit wire fraud, bank fraud and wire fraud,” according to a justice ministry. Press release.

(Photo by Timothy A. Clary-Pool / Getty Images)

NEW YORK, NEW YORK – SEPTEMBER 21: US President Joe Biden addresses the 76th session of the United Nations General Assembly on September 21, 2021 at UN headquarters in New York. More than 100 heads of state or government attend the session in p ((Photo by Timothy A. Clary-Pool / Getty Images) / Getty Images)

However, the terms of Meng’s deferred prosecution agreement were light, requiring only that the Chinese national accused of defrauding financial institutions accept a “four-page statement of facts that details knowingly false statements” to one. of financial institutions in the matter.

HUAWEI CFO LEAVES CANADA FOR CHINA AFTER AGREEMENT WITH US ON FRAUD CHARGES, DETAINED CANADIANS RETURN HOME

The only other stipulation of Meng’s agreement with the government was an agreement “not to commit other federal, state or local crimes.”

Spokesman for Senator Bill Hagerty, R-Tenn., Told Fox Business that Hagerty wanted 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 in the Justice Department, which led to the deferred prosecution agreement for Meng Wanzhou, CFO from Huawei, “Hagerty spokesperson said.

Bill hagerty

Senator Bill Hagerty, R-Tenn. (Bill Clark / CQ-Roll Call, Inc via Getty Image / Getty Images)

Hagerty lambasted the deal after the initial release, saying he was “very worried that this would emerge, that it could be more appeasement from the Biden administration, more surrender.”

Senator Marco Rubio, R-Fla., Also critical the publication in September, saying it “raises serious questions about President Biden’s ability and willingness to deal with the threat posed by Huawei and the Chinese Communist Party.”

Last month, Biden enacted the Secure Equipment Act, bipartisan legislation that would prohibit the Federal Communications Commission (FCC) from authorizing “Equipment request appearing on the list of covered communication equipment or services”. The FCC unanimously vote last year to classify Huawei and ZTE as national security threats.

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A White House official defended Kendler’s appointment by telling Fox Business that Kendler was a career prosecutor in the Department of Justice and had the backing of Republicans and Democrats. The official also said that this issue was not discussed during the confirmation of charges hearing.

The Commerce Department did not respond to Fox Business’s request for comment.

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