Jonathan Stempel

NEW YORK (Reuters), A U.S. appeals court overturned Wednesday’s conviction of a former Chinese diplomat, head of U.S. Operations for a Chinese construction firm for engaged in forced labor. It also upheld two other charges.

The 2nd U.S. cited improper testimony by a government expert in forced labor. Circuit Court of Appeals, Manhattan, ordered a fresh trial for Dan Zhong. He was charged with three counts of allegedly forcing workers to sign “debt bondsage” agreements.

Zhong, 52 years of age, is serving a term in prison for 190 months. It follows Zhong’s March 2019 conviction.

The Wednesday decision upheld the convictions but allowed for a resentence on visa fraud.

Brooklyn U.S. Attorney Breon peace declined to comment. Zhong’s lawyers didn’t immediately reply to our requests for comment.

According to Forbes magazine, Zhong was responsible for U.S. operations of China Rilin Construction Group. His uncle Wang Wenliang is a billionaire.

Prosecutors claim that Zhong brought Chinese employees to the United States from 2010 to 2016 on visas. They were allegedly there to assist with diplomatic activities, such as China’s U.N. mission and consulates.

Instead, Zhong threatened to take their home in China and force them into private construction jobs or do yard work at his New Jersey address.

Appeal court ruled that Zhong’s expert witness gave “color commentary,” which was “dangerously close”, to cementing his guilt. He also testified in a largely unrelated manner about forced labor around the world and China’s poor record of forced labor.

The jury was also told that Rilin’s treatment of workers in 2001/2002, long before Zhong’s crimes were alleged, should not be heard.

Circuit Judge Steven Menashi stated that “we cannot conclude the cumulative effect was harmless.” He wrote this for a panel of three judges.

Since his November 2016 arrest, Zhong is currently in U.S. custody. He’s currently in West Virginia at a federal jail.

U.S. against Zhong 2nd U.S. Circuit Court of Appeals. 19-4110.