Former WVU professor pleads guilty in Chinese fraud scheme

West Virginia

WASHINGTON (WOWK) – The Department of Justice says a former professor at West Virginia University has admitted to a fraud charge involving the university.

Dr. James Patrick Lewis, 54, of Fairview, West Virginia, pleaded guilty to a one-count information charging him with “Federal Program Fraud.” The Department of Justice says Lewis, who was a tenured professor at WVU in the physics department, specializing in molecular reactions used in coal conversion technologies, entered into a contract of employment with the People’s Republic of China through its “Global Experts 1000 Talents Plan” in July 2017.

“Lewis defrauded a public university into giving him leave, so that he could satisfy his competing obligations to a Chinese institution, which he hid from the school,” said Assistant Attorney General for National Security John C. Demers.  “I applaud the increased focus of the academic community to detect conflicts of interest and conflicts of commitment.  Only with more transparency will we stem the tide of covert ties to Chinese institutions and programs, ties meant by the Chinese government to result in the transfer of intellectual property from the United States.”

China’s Thousand Talents Plan is one of the most prominent Chinese Talent recruit plans that are designed to attract, recruit, and cultivate high-level scientific talent in furtherance of China’s scientific development, economic prosperity and national security, according to the Department of Justice. These talent programs seek to lure overseas talent and foreign experts to bring their knowledge and experience to China and reward individuals for stealing proprietary information.

“This case represents an attempt to serve China to the detriment of West Virginia University and the United States. Academia is a prime target for these activities and we will remain committed to prosecuting such fraud wherever it is found. I want to thank the FBI, the IRS and our prosecution team for a job well done,” said U.S Attorney Bill Powell, Northern District of West Virginia.

According to Lewis’s contract, the Chinese Academy of Sciences agreed to employ him as a professor for at least three years. In return, Lewis agreed to maintain an active research program that yielded publications in high quality, peer-reviewed journals, and to provide research training and experience for Chinese Academy of Sciences students.

The Department of Justice says that as a part of the program, Lewis was promised benefits, including a living subsidy of 1 million yuan (approximately $143,000), a research subsidy of 4 million Yuan (approximately $573,000), and a salary of 600,000 Yuan (approximately $86,000). To receive the benefits, he would have had to work full time in China for three consecutive years, for no less than nine months per year, and would have to begin work no later than Aug. 8, 2018.

In March 2018, Lewis submitted a request to WVU for an alternate/parental work assignment, requesting to be released from his teaching duties for the fall 2018 semester in order to serve as the primary caregiver for a child he and his wife were expecting in June 2018. instead of caring for his newborn child, the Department of Justice says Lewis planned to work in China during the fall 2018 semester as a part of his agreement with the “1000 Talents Plan.” Based on the false justification Lewis offered, WVU granted his request.

In the fall of 2018, Lewis spent all but three weeks of the semester in China while his newborn child remained in the United States. During this period, Lewis received his full salary from WVU pursuant to his alternate/parental work assignment. Lewis’s scheme allowed him to fraudulently obtain $20,189 from WVU, the Department of Justice says.

As a part of the plea agreement, Lewis has agreed to pay restitution in the amount of $20,189 in full to WVU.  He resigned from WVU in August 2019. Lewis faces up to 10 years incarceration and a fine of up to $250,000.

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