The jury seat at the Brooklyn Federal Court in New York is becoming the final fact-finding spot for Huawei’s years of criminal dispute.According to Reuters.Huawei has entered the criminal trial process.The prosecutor has filed criminal charges; Huawei does not acknowledge guilt; before the jury makes a judgment, both must write the report at the same time.

What the accused has to prove

The first chain of evidence revolved around Skycom. prosecutors said Huawei borrowed the company to conduct business in Iran and to international banks to lighten the real relationship between the two sides, so that the dollar transactions were handled without the bank understanding the full risk.

北京华为门店资料图。|来源:Voice of America / Reuters
北京华为门店资料图。|来源:Voice of America / Reuters

The second chain of evidence points to business secrets.The U.S. Department of Justice's previous prosecution material said that Huawei and related entities are suspected of obtaining unpublished technology from U.S. companies through fraud and recruitment of competitor employees.

The legal bottom line: the indictment is not a verdict. The prosecutor assumes the responsibility for proof, and the defendant should be presumed innocent before the court decides guilty according to law.

[Proof seat] Next should look at the four categories of materials

  1. control and personal relationship documents between Huawei and Skycom;
  2. written or verbal statements made to the bank;
  3. liquidation records of funds and U.S. dollars related to Iran transactions;
  4. internal communications, technical documents and witness testimony involving allegations of business secrets.

What does Huawei say?

Huawei denies misconduct and believes the U.S. government's overall narrative of the case is false. Beijing has long described the case as the U.S. suppression of Chinese technology companies. These are the official positions of the defendants and the Chinese Communist Party and cannot replace court evidence.

华为年度报告发布现场资料图。|来源:Huawei
华为年度报告发布现场资料图。|来源:Huawei

Why this trial is not just a corporate trial

The case also touched on U.S. sanctions enforcement, bank compliance, intellectual property rights and U.S.-China technology competition. If the jury found that part of the crime was found, the next phase will enter the penalty, fine and potential asset seizure dispute; if the crime is not found, it will also re-examine the U.S. for years against Huawei's part of the law enforcement story.

Journalist Observation *

Such cases are most likely to be overwhelmed by diplomatic language. The real proof is not the political statements in Washington or Beijing, but the court permits the documents, witnesses and financial records to be presented to the jury. Subsequent reports should be checked on a trial schedule, rather than concluded in advance by the jury.

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