So your probably holding this Civil Investigative Demand from DOJ or FBI about trade secret theft and your entire career is imploding. Maybe you took files when leaving your employer. Maybe you collaborated with foreign researchers. Or maybe your just caught up in there latest technology crackdown. Look, we get it. Your ABSOLUTELY HORRIFIED. And you should be! Because engineers are getting 15 YEARS in federal prison and companies face $5 MILLION fines for trade secret theft!
What Makes IP Theft Investigations So Terrifying?
Let me explain the intellectual property nightmare your facing. The FBI has dedicated squads targeting trade secret theft and DOJ’s Disruptive Technology Strike Force is destroying “technology transferors”!
The Economic Espionage Act makes ANY trade secret theft a federal crime! Downloaded files before leaving? THEFT! Emailed yourself presentations? Criminal! Used knowledge from previous employer? ECONOMIC ESPIONAGE! We’ve seen legitimate job changes become federal prosecutions!
Here’s what’s really scary – Chenguang Gong transferred 3,600 files and faces decades in prison! He stole missile detection technology! The Google AI engineer? Arrested for taking algorithms! Your facing national security charges for corporate files!
How Crushing Are IP Theft Penalties?
Hold onto your security badge because these numbers will destroy everything!
Economic espionage under 18 USC 1831 carries 15 YEARS prison and $5 million fines! Commercial trade secret theft under 1832? 10 years and $5 million! Each file downloaded is separate count! 100 documents? That’s 1,000 years potential prison time!
Recent sentences are DEVASTATING – Chinese national got prison for stealing $1 BILLION in trade secrets! Semiconductor engineer sentenced for single chip design! Scientists imprisoned for sharing research! These aren’t spies – there engineers and researchers!
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(212) 300-5196What About the China Initiative?
The China Initiative officially ended but prosecutions INCREASED! DOJ shifted focus but still targets Chinese collaborations!
Any connection to Chinese companies? Your investigated! Attended conference in Beijing? Suspicious! Have Chinese colleagues? POTENTIAL CONSPIRACY! We’ve seen professors imprisoned for normal academic collaboration!
The racial profiling continues under new names! “Disruptive Technology Strike Force” targets same people! If your Asian-American in tech, your presumed guilty! One client got prosecuted because his NAME sounded Chinese!
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
What Triggers IP Theft Investigations?
Your probably wondering “Who reported me?” Let me tell you what puts engineers in FBI’s crosshairs:
You received a Civil Investigative Demand from the DOJ requesting all communications, technical documents, and file transfer records related to proprietary software you helped develop at your former employer before joining a competitor. The CID references the Defend Trade Secrets Act and gives you only 30 days to produce thousands of documents while your new employer's legal team is pressuring you not to cooperate.
Can I refuse to comply with the CID, or will pushing back make the DOJ escalate this into a criminal trade secret prosecution under 18 U.S.C. § 1832?
You cannot simply ignore a Civil Investigative Demand — failure to comply can result in a federal court enforcement action and contempt sanctions. However, you absolutely have the right to negotiate the scope and timeline of the CID, and an experienced attorney can file objections to overly broad requests while protecting privileged materials and Fifth Amendment concerns. What's critical right now is that you do not destroy, alter, or conceal any documents, because obstruction under 18 U.S.C. § 1519 carries up to 20 years and is often easier for prosecutors to prove than the underlying trade secret charge. We can work with the DOJ to narrow the production, assert appropriate privileges, and position your response strategically so it doesn't become a roadmap for a criminal indictment under the Economic Espionage Act.
This is general information only. Contact us for advice specific to your situation.
Employers immediately call FBI when employees leave! Exit interview red flags trigger investigations! Take new job at competitor? Criminal referral! Start your own company? THEFT PRESUMED!
Insider threat programs monitor everything! Badge swipes after hours flagged! Large downloads tracked! USB usage recorded! We’ve seen employees prosecuted for backing up there own work!
