Feds arrest Berklee student from China on charges he sent threatening social-media messages to another student supporting democracy there

A Chinese guitar player studying at Berklee was scheduled for an appearance in Boston federal court today on a charge of stalking for allegedly threatening the student who posted a poster calling for democracy in China, by saying he had reported that student's family to Chinese authorities and hoping the student would get stuck with a needle by an addict at South Bay and then eaten.

Xiaolei Wu, who began studying at Berklee last semester, with a particular interest in jazz, will now get an education in the US federal criminal system for the way he allegedly threatened the other student and tried to get other Chinese students at Berklee to join in a campaign of harassment over a couple days in October.

According to an affidavit by an FBI agent on the case, on Oct. 22, a Berklee student put up a poster in a window near Berklee supporting democracy in China - and posted a copy to his Instagram account, which Wu follows.

Individual 1 is a U.S. lawful permanent resident originally from the PRC, and has family members who still reside in the PRC.

That night, Wu posted a reaction in the Berklee Class of 2024 group on WeChat, a Chinese social-media network, the affidavit continues. In translation:

@[Individual 1] don’t you fucking post reactionary posters
Fucking tear [tore] all of them you bastard
You go to post them at Tian’anmen Square
Post more, I will chop your bastard hand(s) off
...
Let barklee [sic] bite your hand(s) off
Not killed by pandemic but about to be killed by Public Security
[image of law enforcement personnel]

Early the next morning, the affidavit states, Wu followed up with:

I already called the tipoff line in the country, the public security agency will go greet your family.

The agent explained:

Based on my training and experience, I believe that when WU said he had called the “tipoff line in the country,” and referenced the “public security agency,” he was referring to informing either the Ministry of Public Security (MPS) or the Ministry of State Security (MSS) in the PRC. MPS is a PRC government ministry responsible for public security/law enforcement, as well as counterintelligence and political security functions. MSS is a PRC government agency responsible for counterintelligence, foreign intelligence, and political security. Both agencies investigate political dissidents, including those who voice support for democracy. In addition, based on my investigation, I know that Berklee College interviewed WU about this message. WU admitted to sending the message, and said that the term "greet" was a reference to beginning an investigation into the political loyalty of Individual 1's family. In other words, I believe WU was informing Individual 1 that he had reported Individual 1's actions to either MPS or MSS, and that he believed either MPS or MSS agents would then visit Individual 1's family in the PRC to begin an investigation into their political loyalty. ...

Prosecutions in the PRC also rely heavily on confessions, many of which are believed to be obtained through torture, and criminal trials are frequently closed to the public. According to human rights agencies such as Freedom House, detention conditions in the PRC are harsh, with reports of inadequate food, regular beatings, and deprivation of medical care. Torture and other forms of coercion are also widely employed by PRC authorities to force political dissidents to recant their beliefs, and the CCP has historically used its security apparatus to repress overseas voices critical of its power, including by detaining and harassing dissidents' parents. As a result, a threat to report a person's anti-PRC activities (which would include voicing support for "democracy" and "freedom") to MPS or MSS – or a statement that such a report had been made – would be reasonably expected to cause substantial emotional distress to that person. Furthermore, I know, based on my investigation, that WU admitted that he sent these messages with the intent to scare and cause fear to Individual 1.

The affidavit continues that in additional posts, Wu said he was looking for Indiviual 1's specific location - and urging anybody who did know it to "greet" Individual 1. Wu allegedly then concluded:

Let’s call a spade a spade, your family can spend money providing for your overseas studies, you f**king should be truly thankful. WTF You have no freedom?

He then wrote Individual 1 on the Berklee mail system, telling him he would be arrested on his return to China, but he's truly screwed because he would find no refuge in Boston's Chinatown or in Quincy:

In any case if you went to Chinatown, Quincy to post, you could be beaten to death by people of the chamber of commerce there, and by then no one would rescue you even if 911 was dialed. Those who follow you to kick up a fuss are all supporters of Hong Kong independence and Taiwan Independent, right? Then as a Chinese growing up in Mainland China, you are rather pathetic. No, I don't think you deserve to be a Chinese. You don't deserve to hold a red- cover passport. You should wash dishes for the capitalist dogs. Be careful that you get poked with a needle by a homeless person someday when you pass by south bay, then get eaten by someone.

He then allegedly posted Individual 1's e-mail address in the Class of 2024 group on WeChat and urged other posters to harass him.

Although the harassment allegedly occurred between two Massachusetts residents, federal law applies in part because Berklee e-mail accounts are hosted by Google, which is headquartered in California.

Based on my investigation and experience, I am aware that Google has no data centers located in Massachusetts, and therefore any email sent or received using the Berklee Email Account would have been stored in data centers located outside of Massachusetts.

If convicted, Wu faces up to five years in federal prison and a fine of up to $250,000.

Innocent, etc.