22-1082 United States v. Liu UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this court’s Local Rule 32.1.1. When citing a summary order in a document filed with this court, a party must cite either the Federal Appendix or an electronic database (with the notation “summary order”). A party citing a summary order must serve a copy of it on any party not represented by counsel. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 25th day of October, two thousand and twenty-two. PRESENT: Jon O. Newman, Guido Calabresi, Steven J. Menashi, Circuit Judges. ____________________________________________ UNITED STATES OF AMERICA, Appellee, v. No. 22-1082 ZHONGSAN LIU, AKA Sealed Defendant 1, Defendant-Appellant. ____________________________________________ For Appellee: ELINOR L. TARLOW, Assistant United States Attorney (Gillian S. Grossman and Hagan Scotten, Assistant United States Attorneys, on the brief), for Damian Williams, United States Attorney for the Southern District of New York, New York, NY. For Defendant-Appellant: JUSTIN S. WEDDLE, Weddle Law PLLC (Julia I. Catania and Brian Witthuhn, Weddle Law PLLC, and Valerie Y.C. Wong, Wong, Wong & Associates, P.C., on the brief), New York, NY. Appeal from a judgment of conviction of the United States District Court for the Southern District of New York (Caproni, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of conviction entered by the district court is AFFIRMED. Defendant-Appellant Zhongsan Liu appeals from a judgment of conviction in which he was found guilty on one count of conspiracy (1) to defraud the United States in violation of 18 U.S.C. § 371 and (2) to commit visa fraud in violation of 18 U.S.C. § 1546(a). On May 13, 2022, following a jury trial, the United States District Court for the Southern District of New York entered a judgment of conviction, sentencing Liu to ten months’ imprisonment and imposing a $100 mandatory assessment. We assume the parties’ familiarity with the underlying facts and procedural history. I From March 2017 to September 2019, Liu worked in the United States for the China Association for the International Exchange of Personnel (“CAIEP”). CAEIP is a part of the larger State Administration of Foreign Experts Affairs (“SAFEA”), an agency of the People’s Republic of China (“PRC Government”) that 2 conducts talent recruitment on behalf of the government. CAIEP operates branches in multiple countries outside of China, including the United States, where it has offices in Atlanta, Georgia; San Francisco, California; and Fort Lee, New Jersey (“CAIEP-NY”). Liu was employed as Chief Representative of CAIEP- NY until his arrest in 2019. In 2017, CAIEP began to have difficulties obtaining work visas for personnel to staff its U.S. offices. According …
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