A Chinese-American jailed in Knoxville, Tennessee for passing on restricted U.S. nuclear technology to China that might be used to produce nuclear bombs is asking to be released on bail.

The federal government is opposing the plea of Dr. Szuhsiung "Allen" Ho, saying "If he goes to China, we will not get him back."

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Ho, his firm, Energy Technology International, and China General Nuclear Power (a Chinese nuclear power plant) were indicted this April in an alleged conspiracy to lure nuclear experts in the U.S. into providing information that will allow China to develop and produce nuclear material based on American technology. American law forbids this.

The information Ho was buying for China is shared freely among those in the American nuclear power industry but by law can't be shared with China. The technology Ho wanted to deliver to China is used to produce nuclear power for electricity, but materials that can be used to build nuclear bombs are a byproduct of the power generation process.

A government such as China determined to make nuclear bombs could use the technology to do so. The U.S. Congress passed a law against sharing this kind of information without government approval. Ho did not receive this permission from the federal government.

Assistant U.S. Attorney Charles Atchley Jr. is asking the U.S. District Court in Knoxville to keep Ho imprisoned pending trial.

Atchley argued that Ho, a naturalized U.S. citizen born in Taiwan, is employed by the Chinese government and has funneled $3 million through a Chinese bank during the conspiracy of which he is accused.

Atchley also noted that Ho has a wife in Delaware and a "second family," including a 9 year-old son, in China.

"This man is not living in the U.S.," said Atchley. "He may be a U.S. citizen, but he lives in China. His family is in China."

On the other hand, Ho's lawyer claims no crime has been committed by Ho.

"I think there's a real question in our minds whether a crime has even been alleged," said Peter Zeidenberg, Ho's defense lawyer.

"There is no suggestion Dr. Ho is involved in terrorism, assisting terrorists."

TagsDr. Szuhsiung "Allen" Ho, nuclear spy, Assistant U.S. Attorney Charles Atchley Jr., nuclear bombs, Peter Zeidenberg