Berklee College of Music Student Convicted of Stalking, Threatening Individual Promoting Democracy in China

A federal jury convicted a People's Republic of China (PRC) national and Berklee College of Music student for stalking and threatening an individual who posted fliers in support of democracy in China around the Berklee campus area.

According to court documents and evidence presented at trial, Xiaolei Wu, 26, was convicted following a four-day jury trial of one count of cyberstalking, one count of interstate transmissions of threatening communication and one count of stalking. Wu was arrested and charged by criminal complaint in December 2022 and subsequently indicted by a federal grand jury in January 2023.

"Today's verdict by a jury in the District of Massachusetts underscores the Department's commitment to ensuring all U.S. residents are able to freely exercise their fundamental rights," said Assistant Attorney General Matthew G. Olsen of the Justice Department's National Security Division.

"No one in this country should ever be subjected to threats of violence or a cyberstalking harassment campaign for expressing their political views. Mr. Wu now stands as a convicted felon for his illegal efforts to suppress speech by a fellow Berklee School of Music student who was critical of the government of China. This type of conduct will never be tolerated," said Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts. "The Department of Justice is committed to safeguarding the fundamental right to free speech for all. Our office will hold accountable individuals whose actions threaten or violate this fundamental tenet of our democratic society."

"What Xiaolei Wu did in attempting to silence and intimidate an activist who expressed dissension with the ruling Communist Party of China is not only criminal, but completely against our country's democratic values," said Special Agent in Charge Jodi Cohen of the FBI Boston Division. "Today's conviction upholds one of our most fundamental rights - freedom of speech - and the FBI will ensure that anyone who tries to infringe on this right using threats or harassment will face the same fate as Mr. Wu."

Beginning on or about Oct. 22, 2022, and continuing until Oct. 24, 2022, Wu made a series of communications via WeChat, email and Instagram directed towards the victim who posted the flier. Among other things, Wu said, "Post more, I will chop your bastard hands off." He also told the victim that he had informed the public security agency in China about the victim's actions and that the public security agency in China would "greet" the victim's family. Additionally, Wu solicited others to find out where the victim was living and publicly posted the victim's email address in the hopes that others would abuse the victim online, and he reported the victim's information back to a member of the Chinese government.

Wu was convicted of cyberstalking, which carries a maximum statutory penalty of five years in prison, three years of supervised release and a fine of up to $250,000; and interstate transmissions of threatening communication, which carries a maximum penalty of five years in prison, three years of supervised release and a fine of up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI investigated the case.

Assistant U.S. Attorneys Timothy H. Kistner and Alathea E. Porter for the District of Massachusetts are prosecuting the case with the assistance of Trial Attorney Menno Goedman of the National Security Division's Counterintelligence and Export Control Section.