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Description: San Francisco, California criminal law lawyers represented Defendants charged with conspiracy to commit theft of trade secrets and making false statements to a government agency.
18:1030(b) - Conspiracy to Commit Computer Fraud and Abuse
(15ss)
(a) Whoever, with intent to convert a trade secret, that is related to a product or service used in or intended for use in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly—
(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information;
(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys such information;
(3) receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;
(4) attempts to commit any offense described in paragraphs (1) through (3); or
(5) conspires with one or more other persons to commit any offense described in paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy,
shall, except as provided in subsection (b), be fined under this title or imprisoned not more than 10 years, or both.
(b) Any organization that commits any offense described in subsection (a) shall be fined not more than the greater of $5,000,000 or 3 times the value of the stolen trade secret to the organization, including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided.
18:371 - Conspiracy
(24ss)
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.
18:1001(a)(2) - False Statements to a Government Agency
(25ss)
(a) Except as otherwise provided in this sec-
tion, whoever, in any matter within the jurisdic-
tion of the executive, legislative, or judicial
branch of the Government of the United States,
knowingly and willfully—
(1) falsifies, conceals, or covers up by any
trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or
fraudulent statement or representation; or
(3) makes or uses any false writing or docu-
ment knowing the same to contain any mate-
rially false, fictitious, or fraudulent statement
or entry;
shall be fined under this title, imprisoned not
more than 5 years or, if the offense involves
international or domestic terrorism (as defined
in section 2331), imprisoned not more than 8
years, or both. If the matter relates to an of-
fense under chapter 109A, 109B, 110, or 117, or
section 1591, then the term of imprisonment im-
posed under this section shall be not more than
8 years.
(b) Subsection (a) does not apply to a party to
a judicial proceeding, or that party’s counsel,
for statements, representations, writings or doc-
uments submitted by such party or counsel to a
judge or magistrate in that proceeding.
(c) With respect to any matter within the ju-
risdiction of the legislative branch, subsection
(a) shall apply only to—
(1) administrative matters, including a
claim for payment, a matter related to the
procurement of property or services, personnel
or employment practices, or support services,
or a document required by law, rule, or regula-
tion to be submitted to the Congress or any of-
fice or officer within the legislative branch; or
(2) any investigation or review, conducted
pursuant to the authority of any committee,
subcommittee, commission or office of the
Congress, consistent with applicable rules of
the House or Senate.
Outcome: Xanthe Lam: Court sentenced defendant to 6 months BOP imprisonment on Counts 1, 15, 24, and 25 of the Superseding Indictment, to all run concurrent; 3 years supervised release on counts 1, 15, 24, and 25, to run concurrently; special assessment: $400; fine: $10,000.00. Fine and special assessment to be paid within 30 days. Court recommends placement in a facility in California.
Allen Lam: Court sentenced defendant to 6 months BOP imprisonment on Counts 1, 20 thru 24 of the Superseding Indictment, to all run concurrent; 3 years supervised release on counts 1, 20 thru 24, to run concurrently; special assessment: $600; fine: $10,000.00. Fine and special assessment to be paid within 30 days. Court recommends placement in a facility in California.
Plaintiff's Experts:
Defendant's Experts:
Comments:
