Prosecutors say two agricultural scientists passed trade secrets to Chinese delegation who were found to have seeds in luggage

This article is more than 6 years old

This article is more than 6 years old

Two agricultural scientists from China have been accused of conspiring to take seeds from a research facility in Kansas and pass them to a Chinese delegation visiting the United States.

At a detention hearing in Arkansas on Friday, a judge ordered one of the scientists, Wengui Yan, to remain in custody. The other scientist, Weiqiang Zhang, is set to have a hearing on Tuesday in Kansas.

Yan and Zhang are charged with conspiracy to steal trade secrets. Prosecutors say the pair arranged for a Chinese delegation to visit the US this year and that customs agents later found stolen seeds in the delegation's luggage as it was preparing to return to China.

At Friday's hearing, a federal judge ordered Yan, a naturalised US citizen, to remain in custody after prosecutors argued that he could flee the country.

Yan's lawyer, Chris Tarver, said Yan had lived in the US for years and that authorities had seized his passport. Zhang's lawyer did not immediately respond to an email seeking comment.

US magistrate Judge J Thomas Ray acknowledged that Yan has strong ties to Arkansas, but added, "There is a strong inference from the complaint that Dr Yan and his co-defendant were involved in a conspiracy to try to get advanced agricultural technology into the hands of the delegation that they helped to invite into the country."

Also this week, prosecutors in Iowa said six men from China, including the CEO of a seed corn subsidiary of a Chinese conglomerate, have been charged with conspiring to steal patented seed corn from two of America's leading seed developers. It was not immediately clear if the cases in Kansas and Iowa were related.

Seed developers spend millions of dollars a years to develop new varieties and carefully protect them against theft to maintain a competitive advantage.

Yan worked for the Department of Agriculture as a research geneticist at the Dale Bumpers National Rice Research Center in Arkansas, and Zhang worked as an agricultural seed breeder for a biopharmaceutical company that has a production facility in Junction City, Kansas, according to a court document.

Prosecutors only identified the business where Zhang worked as Company A, but said the business invested about $75m in technology used to create seeds.

"If this technology was compromised or the seeds were stolen, Company A believes its entire research and development investment would be compromised," an FBI special agent wrote in a court document.

Zhang allegedly took seeds that his employer had grown and kept them at his home in Kansas. After a Chinese delegation visited the US, customs agents searched its luggage and found stolen seeds in envelopes and also in makeshift containers, including a newspaper page that had been folded in the shape of an envelope, according to court documents.

If convicted, Zhang and Yan could face up to 10 years in federal prison and a fine of up to $250,000.