Criminal Defense Lawyers

What are defenses for Corporate Espionage Fraud?

Corporate Espionage Fraud: Legal Defenses and Strategies

At Spodek Law Group, we understand the serious nature of corporate espionage fraud charges. If you or your company is facing allegations of stealing trade secrets or proprietary information from competitors, you need experienced legal representation to protect your rights and defend against these complex charges. Our team of skilled attorneys has extensive experience handling corporate espionage cases and can help you navigate this challenging legal terrain.

What Constitutes Corporate Espionage Fraud?

Corporate espionage fraud involves illegally obtaining confidential business information from a competitor to gain an unfair advantage. This can include:

• Stealing trade secrets or proprietary technology
• Hacking into computer systems to access sensitive data
• Using deception to obtain confidential documents
• Bribing or blackmailing employees to reveal inside information
• Industrial sabotage to damage a competitor’s operations

The Economic Espionage Act of 1996 (18 U.S.C. § 1831-1839) made the theft of trade secrets a federal crime. Penalties can include up to 10 years in prison and $5 million in fines for individuals, or up to $10 million for organizations.

Common Defenses Against Corporate Espionage Charges

If you’re facing accusations of corporate espionage, there are several potential defenses we can explore:

1. Lack of Intent

To be convicted of corporate espionage under federal law, prosecutors must prove you intentionally stole or misappropriated trade secrets. We may be able to argue that any access or possession of confidential information was accidental or inadvertent, not deliberate theft.

2. Information Was Not Actually a Trade Secret

For information to qualify as a protected trade secret, a company must take reasonable measures to keep it secret and it must derive independent economic value from not being publicly known. We can challenge whether the alleged stolen information truly meets the legal definition of a trade secret.

3. Independent Development

If your company independently developed similar technology or information, rather than stealing it, this is a valid defense. We can present evidence of your own research and development process to show the information was not misappropriated.

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2024-03-21

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4. Public Availability

Information that is publicly available or easily ascertainable is not considered a protected trade secret. We may be able to demonstrate that the alleged stolen information was actually accessible through legal means.

5. Whistleblower Protections

In some cases, employees who reveal corporate wrongdoing or illegal activities may be protected under whistleblower laws, even if it involves disclosing confidential information. We can explore whether your actions qualify for whistleblower immunity.

6. Statute of Limitations

The statute of limitations for bringing federal trade secret theft charges is 5 years from the date of discovery. We can argue the case should be dismissed if too much time has elapsed.

Key Legal Precedents in Corporate Espionage Cases

Several important court decisions have shaped how corporate espionage laws are interpreted and applied:

• United States v. Hsu (1999): Established that attempted corporate espionage is prosecutable, even if no actual trade secrets were obtained.
• United States v. Chung (2011): Clarified that the government must prove the defendant knew the information was a trade secret, not just confidential.
• United States v. Aleynikov (2012): Found that software source code did not qualify as a trade secret under the Economic Espionage Act (later overturned).
• United States v. Nosal (2016): Ruled that the Computer Fraud and Abuse Act applies to theft of trade secrets by former employees.

Understanding these precedents is crucial for building an effective defense strategy. Our attorneys stay up-to-date on the latest case law to provide you with the strongest possible defense.

Strategies for Defending Against Corporate Espionage Charges

When you work with Spodek Law Group, we’ll develop a comprehensive defense strategy tailored to the specifics of your case. Some key approaches we may employ include:

1. Challenging the evidence: We’ll scrutinize how the evidence against you was obtained and push to suppress any improperly gathered information.
2. Negotiating with prosecutors: In some cases, we may be able to negotiate reduced charges or a favorable plea deal to minimize penalties.
3. Presenting alternative explanations: We’ll work to provide innocent explanations for any suspicious activities or possession of sensitive information.
4. Demonstrating lack of economic benefit: If we can show you did not actually profit from or use the alleged stolen information, it may undermine the prosecution’s case.
5. Highlighting inadequate security measures: If the alleged victim company did not take reasonable steps to protect their information, it may not qualify as a trade secret.
6. Leveraging expert witnesses: We can bring in technical experts to challenge the prosecution’s claims about the nature and value of the alleged stolen information.
7. Pursuing civil resolutions: In some cases, we may be able to resolve the matter through a civil settlement rather than criminal prosecution.

Our goal is always to achieve the best possible outcome for our clients, whether that’s an acquittal, case dismissal, or minimizing penalties.

The Importance of Experienced Legal Representation

Corporate espionage cases are highly complex, often involving technical evidence and intricate legal issues. Having an experienced attorney who understands both the legal and business aspects of these cases is crucial.At Spodek Law Group, we have a proven track record of successfully defending clients against corporate espionage charges. Our team includes former federal prosecutors who understand how the government builds these cases and know how to effectively counter their strategies.We take a proactive approach, conducting our own thorough investigation to uncover exculpatory evidence and build a strong defense. Our attorneys will fight aggressively to protect your rights at every stage of the legal process.If you’re facing corporate espionage allegations, don’t wait to get legal help. Contact Spodek Law Group today at 212-300-5196 for a confidential consultation. Let us put our experience and expertise to work for you.Remember, the stakes in corporate espionage cases are high. Your freedom, reputation, and financial future may be on the line. With Spodek Law Group on your side, you’ll have a powerful advocate fighting to protect your interests and achieve the best possible outcome.