1133
18 U.S.C. § 1832 Element FourThe Defendant
Acted
With the Intent to Economically Benefit a Third Party
|
Under § 1832, the government must prove that the act of
misappropriating the trade secret was intended for the economic benefit of a
person other than the rightful owner (which can be the defendant or some
other
person or entity). This differs from § 1831 where foreign government
activity is required, and the benefits may be non-economic. Therefore, a
person
who misappropriates a trade secret but who does not intend for anyone to
gain
economically from the theft cannot be prosecuted under § 1832.
[cited in USAM 9-59.100] | |