Huawei Seeks to Have U.S. Criminal Charges Dropped

Huawei Technologies is seeking a US court’s dismissal of multiple charges in a high-profile federal indictment accusing the Chinese telecommunications giant of attempting to steal technological secrets from American competitors and misleading banks about its operations in Iran. In a detailed legal filing submitted in Brooklyn, New York, Huawei argued that the evidence does not support the conspiracy charges against it, asserting that these allegations are part of what it termed an “ill-founded” China Initiative, a Justice Department program originally aimed at prosecuting individuals and organizations with alleged links to China over intellectual property theft.

According to Huawei’s lawyers, the charges include activities that occurred outside of the United States, which they argue should not fall under the jurisdiction of US law. Furthermore, they challenged the indictment’s bank fraud allegations, which are based on a “right to control” theory. This theory posits that withholding information from banks on business dealings can be considered fraud if it limits the banks’ ability to control their financial risk. However, this concept was recently narrowed by the US Supreme Court, which rejected it in an unrelated case last year, adding weight to Huawei’s argument for dismissal of these charges.

The company, which has pleaded not guilty to all counts, claims it is being unfairly targeted and that the US government’s approach is akin to “a prosecutorial target in search of a crime.” With a trial set for January 5, 2026, Huawei continues to defend itself vigorously, casting doubt on the foundation of the Justice Department’s case and asserting that it has been unfairly treated as a scapegoat in a politically charged legal landscape.

The case against Huawei is one of the most significant brought forward under the US government’s China Initiative, which launched in 2018 during former President Donald Trump’s administration. The program aimed to curb what it described as widespread intellectual property theft and espionage connected to China, a focus that led to multiple high-stakes cases involving Chinese scientists, researchers, and companies. However, after mounting criticism that the initiative created an atmosphere of racial profiling and discouraged scientific collaboration, the Biden administration ended the program in 2022. Critics argued that the initiative led to unfair targeting of individuals of Chinese descent and created a climate of fear that hindered academic and research progress.

In the years since these charges were first filed, the legal battle has had substantial international implications, particularly following the detention of Huawei’s Chief Financial Officer, Meng Wanzhou, in Canada at the request of the US government. Meng, who is the daughter of Huawei’s founder, was held under house arrest for over two years, an event that sparked diplomatic tensions and retaliation from China. In 2022, the charges against her were ultimately dropped as part of a deferred prosecution agreement, but Huawei’s own legal issues in the US remain unresolved.

Meanwhile, the US government’s stance on Huawei has intensified, with federal restrictions imposed on the company’s access to American technology in 2019, citing national security concerns. The US alleges that Huawei’s close ties to the Chinese government could enable it to use its technology to aid in espionage, although Huawei has consistently denied posing any security risks. Headquartered in Shenzhen, Huawei operates in over 170 countries and employs around 207,000 people globally. Despite the heavy restrictions, the company has continued its operations, although it has faced setbacks in markets influenced by US policies and has turned to developing its own technology to reduce dependence on American suppliers.

As tensions continue between the US and China over technology and economic dominance, Huawei’s case has come to symbolize the broader geopolitical struggle between the two superpowers. With the stakes high for both sides, the outcome of this case will likely have lasting repercussions not only for Huawei but also for other Chinese tech companies facing scrutiny and limitations in the US market.