In a victory for Sherry Chen, the MSPB ruled the DOC did not have cause to fire her, ordering the agency to reinstate her position

Sherry Wins for now

On April 23, 2018, the U.S. Merit Systems Protection Board (MSPB) ruled that the Department of Commerce (DOC) did not have cause to fire Sherry and therefore ordered the agency to (1) reinstate her employment at the National Weather Service and (2) pay her back pay plus benefits.

This is a significant milestone for Sherry Chen, for the Asian American community, and for the nation as whole, in our quest for equal justice for all people regardless of their race, color and national origin.

OCAA has issued a statement congratulating Sherry for her victory, and urging the DOC to comply with the MSPB decision, and put Sherry Chen back to work immediately.

Media Coverage

Numerous media outlets have reported Sherry’s win on the MSPB case.

MSPB Decision Text

Under the Freedom of Information Act (FOIA), the MSPB Decision document is available here.

The fight for justice is not over yet

However, the fight is not over yet. The DOC has until May 28 to appeal the decision. If they do so, Sherry will be dragged again into another lengthy process.

We call on all community organizations and individuals to contact their senators, representatives and government officials to urge the DOC to comply with the MSPB’s decision, and ask the DOC’s Inspector General to investigate the handling of Sherry’s case, for racial bias, abuse of power, violation of due process, and lack of efficiency.

Please click here to see what you can do.

Case Timeline

2013

2013-06

7-hour Marathon Interrogation

Chen was interviewed in her office by two security agents from the Department of Commerce. It was a 7-hour marathon interrogation with no food, water, or break after Chen had worked for half a day. The two agents told Chen that she could not tell this interview to anyone, and that..Read More

2014

2014-10

Publicly Arrested and Falsely Charged

Six FBI agents took her away in handcuffs in front of her colleagues. The Department of Justice (DOJ) issued an indictment with a punishment of 25 years in jail and $1M in fines. The original charges included accusing Chen of stealing data, intentionally exceeded authorized access to a database and..Read More

2015

2015-02

Fatal Flaws Found By Chen’s Lawyer and Dismiss Requested

Chen’s lawyer, Peter R. Zeidenberg, a partner at Arent Fox in Washington, defended her case. He found fatal flaws in the case and filed three motions pointing out these flaws and request DOJ to have the case dismissed.

2015-03

Increased to 8-Count charge

The prosecutor went back to grand jury to fix the problems and came back with eight charges and added another prosecutor on his team.

2015-03

All charges dropped

After extensive interviews of witness including almost all of Chen’s coworkers, search of the history of Chen’s bank account statements over twenty years since she came to the US, personal and official email accounts, computer activities, the government decided to drop all the charges against Chen in March 2015.

2016

2016-03

Termination For Same Unfounded Reasons

Despite dropped charges, Department of Commerce still fired Ms. Chen over many of the same issues raised in the case that has been dropped a year earlier.

2016-04

Appeal to DOC’s Decision Filed to MSRB

Within 30 days of the DOC’s decision, Ms. Sherry Chen and her lawyer filed the appeal to that decision for its wrongful termination, racial discrimination and retaliation.

2017

2017-03

MSPB Hearing

Ms. Chen’s appeal will be heard on March 14 and 15 at the Federal Courthouse, Cincinnati, OH.

Sherry Chen, a U.S. Citizen and award winning hydrologist, continues her legal battle with the government — Department of Commerce on March 14th and 15th at Federal Courthouse in Cincinnati OH. She is appealing DOC’s decision for wrongful termination, racial discrimination and retaliation.

In 2014, Sherry was falsely charged by Justice Department as a spy for China; however, no evidence was found after extensive search made by the prosecutors. The Justice Department dropped all charges without explanation right before she was scheduled to go on trial.

Charges were dropped but Sherry’s life was turned upside down. She has been terminated by Department of Commerce for the same unfounded reasons. She has been in debt for over 200,000 dollars due to legal fees. The false charges permanently stained her reputation and deprived her of a normal life.

Sherry Chen has been wrestling with the government in the legal battle for equality, fairness and justice, for herself, for you and for all.

Let’s rally for justice for Ms. Sherry Chen during her MSBP hearing.

Support Timeline

2015

2015-05

TWL Letter to Attorney General on Sherry Chen with signatures

Ms Chen’s case, the arrest appeared to be based less on the alleged evidence than on the suspect’s race. Federal prosecutors subsequently dropped the spying charges. In the hearing that freed Mr. Lee, Federal District Judge James Parker stated the government’s tactics; have embarrassed this entire nation and each of..Read More

2015-11

Members of Congress Letter to AG Lynch on Targeting of Asian Americans with signatures

We are concerned that espionage threats from foreign nations are creating a climate in which both and prosecutors are rushing into indictments against Americans who happen to be minorities, into question civil rights protections. Otherwise innocent actions by Americans do not become simply because the person taking those actions has..Read More

2015-11

CAPAC Letter To Department of Commerce Regarding Sherry Chen With Signatures

Despite having all the charges dropped, this arrest and accusation turned Ms. Chen’s life inside out. Not only she been placed on administrative leave from the job that she loves,but she also suffers the mental and impact of being falsely accused of espionage by her own government in a prolonged...Read More

2015-11

United States Commission On Civil Rights Letter to Department of Justice regarding Asian American Prosecutions With Signatures

We are concerned these and other examples may show a pattern of overzealous targeting of Chinese. Members of Congress and national Asian and Chinese American organizations have raised similar with you, but the Department of Justice’s response has been to dismiss these concerns without the underlying policies and practices that..Read More

2015-12

U.S. Senators’ Letter to AG Lynch Regarding Chinese-American Espionage Cases With Signatures

We hope that by closely examining the Chen and Xi cases, as well as other recent cases that resulted in dismissed charges, and by considering what additional role technical and scientific experts might play in assisting investigators and prosecutors, we can strengthen the effectiveness of those cases brought forward in..Read More

2016

2016-07

U.S. Commission on Civil Rights Letter To Inspector General With Signatures

On behalf of the U.S. Commission on Civil Rights, we write to request you to conduct a full and independent into recent espionage prosecutions against Chinese Americans that were eventually dropped. We believe in the need for the government to protect national security. However, we are concerned that cases may..Read More

ASIAN AMERICAN GROUPS NATIONWIDE RALLY AROUND SHERRY CHEN’S QUEST FOR JUSTICE

Sherry Chen Wins Her MSPB Case Against the Department of Commerce!

Sherry Chen Wins Her MSPB Case Against the Department of Commerce!

In a victory for Sherry Chen, the MSPB ruled the DOC did not have cause to fire her, ordering the agency to reinstate her position

Sherry Wins for now

Media Coverage

MSPB Decision Text

Under the Freedom of Information Act (FOIA), the MSPB Decision document is available here.

The fight for justice is not over yet

Sherry Chen MSPB Hearing

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Falsely accused of spying, award winning scientist Ms. Sherry Chen’s life was turned upside down.

Case Background

Case Timeline

Justice For Sherry Chen. Justice For All

All Sides About The Case

If you’re looking everywhere for spies, you will find spies everywhere, even where they don’t exist.

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Backed by public outrage over recent cases of Chinese-American scientists accused of espionage, Asian-American congressional leaders joined more than 40 members of Congress to call for a further investigation of Ms. Sherry Chen’s case.

“I don’t see why they would not investigate,” Rep. Ted Lieu told NBC News.

Support Letters

Statements From Members of Congress, Advocacy Organizations and Civic Leaders

Support Timeline

Organizations That Support Ms. Sherry Chen (Selected)

The charges can be dropped, but this will never go away

This is the human cost