Michael McMahon, a former New York police sergeant, has been sentenced to 18 months in prison after being convicted for his involvement in a transnational repression scheme orchestrated by China.
The case stems from McMahon’s role in helping to pressure Xu Jin, a former Chinese official, to return to China. Xu had fled the country in 2010 and faced accusations of bribery, which he denied.
China, not having an extradition treaty with the US, could not legally force Xu’s return, needing it to employ covert tactics to intimidate him into compliance.
McMahon, in 2016, took on what he believed was a standard private investigation job, only to find himself involved in a larger operation linked to China’s “Operation Fox Hunt”. This initiative aims to capture alleged criminals and dissidents who have fled abroad, but critics, including US authorities, view it as a campaign to intimidate and harass people critical of the Chinese government.
McMahon was charged with illegal foreign agent activity and stalking after his surveillance on Xu led to the placement of a threatening note on Xu’s door, demanding his return to China.
McMahon maintained that he was unaware of the Chinese government’s involvement, but US district judge Pamela Chen, said that McMahon contributed to a campaign of transnational repression that harmed Xu, his family, and US national security. McMahon was sentenced alongside two co-defendants, who were also convicted in connection with the case.
Brooklyn-based US attorney John Durham said in a statement on Thursday that the former officer “acted on his own and disgracefully took part in a scheme directed by the People’s Republic of China.”
During the trial, McMahon expressed regret. “I never thought for one minute I was working for China, stalking anyone. Yet now I’ve lost everything. This is such a nightmare,” said McMahon as quoted by Associated Press.
His attorney, Lawrence Lustberg, defended him, claiming McMahon was deceived into taking the job and wouldn’t have accepted the assignment had he known it was tied to China’s efforts. He argued that McMahon should be seen as a patriot who was misled by those who hired him.
Some of McMahon’s former colleagues and members of congress, including Republicans Reps. Mike Lawler and Pete Sessions, have publicly expressed their belief in his innocence, urging the judge to show leniency.
