
The state of Missouri won a multi-billion dollar lawsuit against China for its role in the COVID-19 pandemic after none of the defendants showed up to court.
A Missouri federal judge ordered China and the other defendants on Friday to pay the state âan amount of $24,488,825,457.00,â with post-judgment interest âat a rate of 3.91 percent, compounded annually.â The Peopleâs Republic of China and co-defendants, including the Wuhan Institute of Virology, âfailed to appear or otherwise answer after being properly served, and therefore in default,â Senior U.S. District Judge Stephen Limbaugh wrote in his order.
In 2020, Missouri sued the Chinese government for $25 billion âfor causing and exacerbating the COVID-19 pandemicâ and for hoarding medical equipment during the pandemic, but China refused to appear in court, according to Baileyâs office. Instead, Beijing dispatched a Chinese government surrogate to litigate its lawsuit on its behalf to shield itself from legal repercussions, Missouri Attorney General Andrew Baileyâs office asserted in a legal filing on Friday.
Bailey told the DCNF it was âno surpriseâ the Chinese Communist Party (CCP) opted to hide behind âproxy organizations like the Chinese Society of Private International Law rather than appearing in court to answer for their actions.â
âWe will not allow the CCP to manipulate the legal process to evade justice â our mission is to fight for the truth and recover damages for the people of Missouri,â Bailey said.
Hiding Behind Proxy Groups
Baileyâs motion earlier on Friday argued that an amicus brief filed on Feb. 27 by The China Society of Private International Law (China Society) in defense of the Chinese government in the case of Missouri v. China should be struck from the record because the organization is allegedly a proxy for a Ministry of Foreign Affairs-run organization called the Chinese Society of International Law (CSIL).
The filing alleged that the China Society, which presents itself as an academic organization, âis actually controlled by Defendants,â i.e., the Chinese government, because China Society is led by many of the same individuals as CSIL, which was âfounded by Chinaâs Ministry of Foreign Affairs.â
âChina Society and CSIL appear to have the same President â a President who is also a government official in Chinaâs legal field,â the legal motion reads. âThe organizationsâ share a president, a Chinese government official named Huang Jin, who, in addition to these (and other) presidencies, also currently works as âSpecial Counsel of the Supreme Peopleâs Courtâ and Expert Counselor of the Supreme Peopleâs Procuratorate â the top prosecutorial agency of the Peopleâs Republic of China.â
The DCNF also discovered that Huang apparently has several other Chinese government ties, such as being identified as a member of the CCP on China Societyâs website.
The Chinese Peopleâs Political Consultative Conference (CPPCC) also identified Huang as a participant in 2020.
âCPPCC delegates attend a high-profile annual meeting to receive direction from the CCP regarding the ways its policies should be characterized to both domestic and foreign audiences,â according to the U.S.-China Economic and Security Review Commission. âDelegates to the CPPCC serve as proxies for CCP interests by virtue of their participation in this forum, and they frequently act as interlocutors with foreign government officials, businesses and academic institutions.â
The CPPCCâs charter states that delegates must âuphold the leadershipâ of the CCP, âfacilitate implementation of state foreign policy,â and even âkeep state secrets.â
âThe reality is that China Society simply seeks to litigate this case on behalf of Defendants while shielding Defendants from any actual participation in this lawsuit,â the legal motion reads.
The legal motion also alleged that China Societyâs executive vice president, Xiao Yongping, is CSILâs vice president.
âThe list of direct overlap in leaders between China Society and (an express arm of the CPC), many of whom also appear to conveniently work as high-ranking government officials in China, goes on and on,â the legal motion continues. âFor example, Yongping Xiao works concurrently as Executive Vice President of China Society and Vice President of , while also working as a member of the Advisory Committees of the Supreme Peopleâs Procuratorate of China and the Ministry of Foreign Affairs.â
The DCNF discovered that Xiao is also listed as holding several other Chinese government affiliations.
In addition to being identified as a CCP member by Wuhan University, where he is a faculty member, China Societyâs website likewise identifies Xiao as a Chang Jiang Scholar, which is one of many so-called Chinese âtalent recruitment plans.â The FBI has warned that all of Chinaâs talent recruitment plans incentivize participants to âsteal foreign technologies needed to advance Chinaâs national, military, and economic goals,â and the Department of Defense has labeled the Chang Jiang Scholar program as posing âa threat to national security interests of the United States.â
âIn other words, the purported âacademic organizationâ that seeks to file an amicus supporting Defendants is in fact directly controlled and directed by Defendantsâ agents â while it seeks to argue on behalf of Defendants, who themselves have refused to appear,â the legal motion asserts. âThis Court should strike or otherwise set aside the arguments of China Society as an improper attempt by a purported amicus to litigate this case on behalf of a defaulting party.â
Bailey told the DCNF that Missouri will hold the CCP accountable for âunleashing COVID-19 on the world.â
âThe people of Missouri suffered immense loss â lives were lost, businesses shuttered, and livelihoods devastated â because of the CCPâs deception and negligence. This case is about standing up for the rule of law and fighting for justice on behalf of every Missourian impacted by the pandemic,â Bailey said.
China Society did not respond to the DCNFâs request for comment and CSIL could not be reached for comment.
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