Theft of trade secrets typically spurs civil actions against the offender, but theft of trade secrets can also be prosecuted criminally under the Economic Espionage Act, 18 U.S.C. § 1831 et seq. (the “Act”) and other related statutes. Several high-profile arrests, convictions, and indictments have come down in recent months highlighting the Department of Justice’s active enforcement in this area...
The Act makes it a crime to steal trade secrets or obtain trade secrets knowing them to have been stolen. 18 U.S.C. § 1831(a). The Act broadly defines trade secrets to include
provided that the owner takes “reasonable measures to keep such information secret” and the continued secrecy of the information has actual or potential “independent economic value.” 18 U.S.C. § 1839. Violators can be imprisoned and/or fined. Violators who intend to benefit a foreign government face higher penalties. moreall forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing
