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Date: 08-02-2022

Case Style:

United States of America v. Yu Xue, a/k/a Joyce

Case Number: 21-2227


Court: United States Court of Appeals for the Third Circuit on appeal from the Eastern District of Pennsylvania (Philadelphia County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:

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Description: Philadelphia, Pennsylvania criminal law lawyer represented defendant charged with Defendant charged with theft of trade secrets.

Defendant Yu Xue was formerly a scientist at
pharmaceutical company GlaxoSmithKline (“GSK”). While
still employed at GSK, Xue formed a pharmaceutical company
with defendant Tao Li and others and proceeded to steal a
number of GSK documents containing trade secrets. Xue and
Li each pled guilty to a single count of conspiracy to steal trade
secrets, in violation of 18 U.S.C. § 1832(a)(5). The
Government, at sentencing, requested that the District Court
apply an enhancement under the United States Sentencing
Guidelines (the “Guidelines” or “U.S.S.G.”) based on the
“loss” attributable to the defendants’ conduct. While it is
undisputed that GSK did not suffer an actual monetary loss as
a result of the trade secret theft, under the commentary to
U.S.S.G. § 2B1.1, the definition of “loss” also includes losses
that the defendants intended. The District Court, however,
declined to apply an enhancement based on the intended loss
amount, finding that the Government failed to establish the
defendants purposely sought to inflict a pecuniary harm on the
victim, GSK.

The Government appeals and challenges the District
Court’s decision not to apply the enhancement.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:


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