112–269 (enacted January 14, 2013), which contains a directive to the Commission regarding offenses involving stolen trade secrets or economic espionage. Reason for Amendment: This amendment responds to section 3 of the Foreign and Economic Espionage Penalty Enhancement Act of 2012, Pub. “ Subsection (b)(13) implements the directive in section 3 of Public Law 112–269.”. The Commentary to §2B1.1 captioned “Application Notes” is amended in Note 6 by striking “(b)(7)” both places it appears and inserting “(b)(6)” in Note 10 by striking “(b)(13)” both places it appears and inserting “(b)(14)” in Note 11 by striking “(b)(15)(A)” both places it appears and inserting “(b)(16)(A)” in Note 12 by striking “(b)(15)(B)” and inserting “(b)(16)(B)” in Note 12(A) by striking “(b)(15)(B)(i)” and inserting “(b)(16)(B)(i)” in Note 12(B) by striking “(b)(15)(B)(ii)” and inserting “(b)(16)(B)(ii)” in Note 13 by striking “(b)(17)” both places it appears and inserting “(b)(18)” in Note 13(B) by striking “(b)(17)(A)(iii)” both places it appears and inserting “(b)(18)(A)(iii)”, and by striking “(b)(15)(B)” both places it appears and inserting “(b)(16)(B)” in Note 14 by striking “(b)(18)” each place it appears and inserting “(b)(19)” and in Note 19(B) by striking “(b)(17)(A)(iii)” and inserting “(b)(18)(A)(iii)”. In paragraph (16) (as so renumbered) by striking “(b)(15)(B)” and inserting “(b)(16)(B)”. If subparagraph (B) applies and the resulting offense level is less than level 14, increase to level 14.” and (B) that the offense would benefit a foreign government, foreign instrumentality, or foreign agent, increase by 4 levels. (A) that the trade secret would be transported or transmitted out of the United States, increase by 2 levels or “(13) (Apply the greater) If the offense involved misappropriation of a trade secret and the defendant knew or intended. “(5) If the offense involved misappropriation of a trade secret and the defendant knew or intended that the offense would benefit a foreign government, foreign instrumentality, or foreign agent, increase by 2 levels.” īy renumbering paragraphs (6) through (8) as (5) through (7) by renumbering paragraphs (13) through (18) as (14) through (19) by inserting after paragraph (12) the following: Maegerle, 78, is to be sentenced later and remains free on bail.Amendment: Section 2B1.1(b) is amended by striking paragraph (5) as follows: national security in the 21st century,” said David Johnson, the FBI’s special agent in charge of the San Francisco office. “The battle against economic espionage has become one of the FBI’s main fronts in its efforts to protect U.S. technology is one of the biggest threats to the country’s economy and national security. About 20 other defendants have pleaded guilty to economic espionage charges before trial.įederal officials say foreign governments’ theft of U.S. They are the first people to be convicted of economic espionage by a jury since Congress passed the Economic Espionage Act in 1996, according to the U.S. Robert Maegerle, a retired DuPont engineer, was convicted of economic-espionage charges along with Walter Liew in March. Prosecutors allege that the operating Chinese factory was built with a detailed DuPont instruction manual stamped “confidential,” which earlier was used to build DuPont’s newest plant in Taiwan. The same company had earlier awarded the Liews’ company millions more in similar contracts for smaller projects. awarded the Liews’ company a $17 million contract to build a factory that could produce 100,000 metric tons of the pigment a year. In 2009, the Chinese government-controlled Pangang Group Co. Liew’s wife has pleaded not guilty to obstruction of justice and other charges.
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