China helps get case dismissed against 3 scientists charged in Michigan smuggling scheme, lawyers say

China's government intervened and helped get charges dropped against three Chinese scientists at the University of Michigan who were accused of helping a colleague smuggle biological materials into the U.S., defense lawyers said.

The materials turned out to be mostly tiny, transparent worms — nothing dangerous — though U.S. officials last year hailed the arrests as a victory for national security. Attorney General Pam Bondi said the government must be vigilant when foreign nationals try to "advance a malicious agenda."

Xu Bai and Fengfan Zhang were charged with conspiring to help another scientist who shipped packages to them from China before she arrived in 2025 for temporary lab research at the University of Michigan. A third man, Zhiyong Zhang, was charged with making false statements.

Bai, Fengfan Zhang and Zhiyong Zhang were in jail for more than three months while the case was pending in federal court in Detroit. A judge suddenly dismissed the charges on Feb. 5 at the Justice Department's request and the three traveled home to China.

"This doesn't leave them with any sort of a criminal stain on their records and what they wanted all along was simply to return home," defense attorney John Minock said, adding that they learned there was "some kind of intervention by the Chinese Consulate in Chicago."

The U.S. Attorney's Office in Detroit said it would not comment on China's role or the government's retreat. CBS News Detroit reached out to the Chinese Consulate in Chicago for comment on Friday and is awaiting a response.

The University of Michigan declined to comment.  

Minock says that once University of Michigan officials found out, they terminated Bai's employment, and he lost visa status within 24 hours, leading him to self-deport.

"In the early morning hours of October 16th, he was in the boarding area waiting to get on a plane to Beijing and he was arrested and taken into custody there," said Minock.

Another attorney, Ray Cassar, said he was working toward a misdemeanor plea deal to resolve the case against Fengfan Zhang when prosecutors simply dropped it.

"We get this phone call saying China is negotiating with the U.S. over these three students. Serious talks," Cassar said. "These were kids studying for their Ph.D.s. The last thing you want to do is destroy their careers. ... Was it the proper thing to do? Absolutely."

Defense attorney Mark Satawa said the Chinese Consulate "getting involved moved the needle." He was planning to seek dismissal of the false statements charge, noting that Zhiyong Zhang, who spoke Mandarin, didn't have a translator when he was questioned by investigators.

Bai, Fengfan Zhang and Zhiyong Zhang were research scholars admitted to the U.S. to temporarily work at the University of Michigan.

The defense attorneys believe the packages were mislabeled to avoid inspection delays at the border, not to cause harm. Cassar said the worms had a limited lifespan. The packages, he added, were not properly labeled because Chengxuan Han, the woman who sent them, likely didn't want to have them held up by U.S. inspectors.

"There was no intention of doing anything nefarious," Cassar said. "The worms have been consistently used for studying chemical reactions, light sensitivity."

In September, Han pleaded no contest to smuggling and making false statements and was deported to China after three months in jail.

In a separate case, Yunqing Jian, another temporary researcher at a campus lab, pleaded guilty to similar charges involving a common plant fungus. She was deported after five months in custody.

Roger Innes, an Indiana University expert who looked at the evidence for Jian's attorneys, said there was no risk to anyone in the U.S.