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9-59.000
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9-59.100 | Economic Espionage Act of 1996 (18 U.S.C. §§ 1831-1837)Prosecutive Policy | ||
9-59.110 | Economic Espionage ActAssignment of Responsibilities | ||
9-59.100
Economic Espionage Act of 1996 (18 U.S.C.
§§ 1831-1837)Prosecutive Policy
| The EEA is not intended to criminalize every theft of trade secrets for which civil remedies may exist under state law. It was passed in recognition of the increasing importance of the value of intellectual property in general, and trade secrets in particular to the economic well-being and security of the United States and to close a federal enforcement gap in this important area of law. Appropriate discretionary factors to be considered in deciding whether to initiate a prosecution under § 1831 or § 1832 include: (a) the scope of the criminal activity, including evidence of involvement by a foreign government, foreign agent or foreign instrumentality; (b) the degree of economic injury to the trade secret owner; (c) the type of trade secret misappropriated; (d) the effectiveness of available civil remedies; and (e) the potential deterrent value of the prosecution. The availability of a civil remedy should not be the only factor considered in evaluating the merits of a referral because the victim of a trade secret theft almost always has recourse to a civil action. The universal application of this factor would thus defeat the Congressional intent in passing the EEA. A more detailed discussion of the prosecutions of theft of trade secrets is contained in the Computer Crime and Intellectual Property Section's manual entitled Federal Prosecution of Violations of Intellectual Property Rights, (Copyrights, Trademarks and Trade Secrets). See the Criminal Resource Manual for a more detailed discussion of the Economic Espionage Act of 1996 |
9-59.110
Economic Espionage ActAssignment of Responsibilities
Supervisory responsibility for prosecutions brought under 18 U.S.C. § 1831
rests with the Counterespionage Section of the Criminal Division which shall
obtain approval from the Assistant Attorney General for the Criminal
Division. Prosecutors are strongly urged to consult with the Computer Crime
and Intellectual Property Section before initiating prosecutions under 18
U.S.C. § 1832. The Federal Bureau of Investigation has investigative
responsibility for complaints arising under both of these sections. Cases
involving importation of goods which contain or use the misappropriated
trade secret may also be investigated by the United States Customs Service. |
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