Trade secrets security
Stealing Trade Secrets and Economic Espionage:An Overview of the Economic Espionage Act
Stealing a trade secret is a federal crime when the information relates to a product in interstate or
foreign commerce, 18 U.S.C. 1832 (theft of trade secrets), or when the intended beneficiary is a
foreign power, 18 U.S.C. 1831 (economic espionage). Section 1832 requires that the thief be
aware that the misappropriation will injure the secret’s owner to the benefit of someone else.
Section 1831 requires only that the thief intend to benefit a foreign government or one of its
instrumentalities.
Offenders face lengthy prison terms as well as heavy fines, and they must pay restitution.
Moreover, property derived from the offense or used to facilitate its commission is subject to
confiscation. The sections reach violations occurring overseas, if the offender is a United States
national or if an act in furtherance of the crime is committed within the United States.
Depending on the circumstances, misconduct captured in the two sections may be prosecuted
under other federal statutes as well. A defendant charged with stealing trade secrets is often
indictable under the Computer Fraud and Abuse Act, the National Stolen Property Act, and/or the
federal wire fraud statute.
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