Hunter Biden referred to Dr. Patrick Ho as “the f––g spy chief of China,” clearly demonstrating that he knew what kind of person he was working with. Yet evidence shows that the Department of Justice (DOJ) has gone out of its way to conceal this information from the public since at least 2017. The consequences of subordinating national security to domestic politics in this important case are still being felt today. This memo identifies six key irregularities in the Ho case that connect the DOJ, CEFC China Energy, Chinese intelligence, and members of the Biden family. Heritage Oversight proposes concrete actions by which Congress can obtain answers about how politics have influenced the handling of investigations related to Ho and the CCP intelligence-linked conglomerate CEFC for which he worked.
On November 18, 2017, the U.S. Department of Justice (“DOJ”) arrested Dr. Patrick Ho and charged him with four counts of violating the Foreign Corrupt Practices Act, two counts of Money Laundering, and single counts of conspiracy to commit the same. On, December 5, 2018, he was convicted at a trial in the Southern District of New York (“SDNY”) and sentenced to three years imprisonment and payment of a $400,000 fine.1 Dr. Ho was affiliated with CEFC China Energy Company Limited (“CEFC”) as well as other individuals and entities with connections to the Chinese intelligence apparatus. Ho and his associates also paid millions of dollars to the Biden family.
Since Ho’s conviction, significant evidence has emerged identifying concerning irregularities with the DOJ investigation and prosecution. The concern about these irregularities is compounded by additional evidence linking Ho, CEFC, and the Biden family. At a minimum, it appears DOJ was aware of connections between the Biden family and CEFC at least as early as 2017 and that they acted to conceal this information from the public. In addition, new evidence has emerged revealing contacts between Hunter Biden and FBI agents related to Ho’s arrest, allegations have been made of a leak of investigatory information in the Ho case, and a senior FBI counterintelligence official has been arrested. That official not only likely oversaw the Ho investigation, but also is now charged with having held undisclosed meetings with another foreign CEFC affiliate. These events raise significant questions about DOJ’s behavior.
This memorandum first provides a brief background on Dr. Ho, CEFC, and payments to the Biden family. Next, it describes multiple irregularities related to the Ho case with supporting evidence from public sources. Finally, it proposes investigative steps and questions which Congress should pursue to determine if members of the FBI or DOJ have allowed domestic political considerations to interfere in important national security cases. All of the information contained in this memo is derived from open source, non-classified information.
The Biden Family Received Millions of Dollars from Companies Linked to the Chinese Intelligence Apparatus
Dr. Ho was the Executive Vice President of the CEFC Hong Kong Non-Governmental Fund Committee (“CEFC NGO”), and its U.S. based subsidiary, China Energy Fund Company U.S. Inc.
(EIN: 35-2444623). These entities formed two think tank arms of the larger CEFC conglomerate led by its Chairman Ye Jianming. CEFC, in turn, funneled millions of dollars to Hunter Biden and his associates. To date, Congressional investigators and career IRS criminal investigators who blew the whistle to Congress have identified at least $6.8 million flowing from entities related to CEFC or its Chairman Ye to Biden family members via conduits Hudson West III and Robinson Walker LLC.2,3,4
