On the DOJ affidavit
The 3 count of Economic Espionage is on the DOJ affidavit on the court case The United States Government v. JIAQIANG XU,
https://www.justice.gov/opa/file/866976/download
COUNT ONE
(Economic Espionage)
The Grand Jury charges:
l. From at least in or about November 2014, through on or about December 7, 2Q15,
in the Southern District of New York and elsewhere,
JIAQIANG XU, the defendant, intending
and knowing that the offense would benefit a foreign government, instrumentality, and agent,
namely the People's Republic of China ("PRC"), knowingly did steal, and without authorization
appropriate, take, carry away, and conceal, and by fraud, aiiifice and deception obtain a trade
secret, and attempted to do so, and aided and abetted the same, to wit, XU stole and converted to
his own use the source code for a piece of proprietary software, which source code was a trade
secret of a company for which XU previously worked (the "Proprietary Source Code"), with the
intent to benefit the PRC's National Health and Family Planning Commission (the "NHFPC").
(Title 18, United States Code, Sections 1831(a)(l), (4) & 2.)
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ORIGINAL
SUPERSEDING INDICTMENT
Sl 16 Cr. 10 (KMK)
Case 7:16-cr-00010-KMK Document 15 Filed 06/14/16 Page 2 of 6
COUNT TWO
(Economic Espionage)
The Grand Jury further charges:
2. From at least in or about November 2014, through on or about December 7, 2015,
in the Southern District of New York and elsewhere,
JIAQIANG XU, the defendant, intending
and knowing that the offense would benefit a foreign government, instrumentality, and agent,
namely the PRC, knowingly and without authorization did copy, duplicate, sketch, draw,
photograph, download, upload, alter, destroy, photocopy, replicate, transmit, deliver, send, mail,
communicate, and convey a trade secret, and attempted to do so, and aided and abetted the same,
to wit, XU copied the Proprietary Source Code, with the intent to benefit the NHFPC.
(Title 18, United States Code, Sections 183l(a)(2), (4) & 2.)
COUNT THREE
(Economic Espionage)
The Grand Jury further charges:
3. From at least in or about November 2014, through on or about December 7, 2015,
in the Southern District of New York and elsewhere,
JIAQIANG XU, the defendant, intending
and knowing that the offense would benefit a foreign government, instrumentality, and agent,
namely the PRC, knowingly did receive, buy, and possess a trade secret, knowing the same to
have been stolen or appropriated, obtained, and converted without authorization, and attempted
to do so, and aided and abetted the same, to wit, XU received and possessed the Proprietary
Source Code, with the intent to benefit the Nl-IFPC.
(Title 18, United States Code, Sections 183l(a)(3), (4) & 2.)
Xu pled
GUILTY on all 3 Economic Espionage charge, which means he admit he is conducting espionage that would benefit a foreign government, instrumentality, and agent, namely, the
PEOPLE REPUBLIC OF CHINA.
Again, do you know what does espionage means?
This is not according to me, this is according to the USC Title 18 definition of Economic Espionage.
https://www.gpo.gov/fdsys/pkg/PLAW-104publ294/pdf/PLAW-104publ294.pdf
To be charged or indicted for Economic Espionage, USC Title 18 offer the requirement as to;
1831. Economic espionage
‘‘(a) IN GENERAL.—
Whoever, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly—
‘‘(1)
steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains a trade secret;
‘‘(2)
without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret;
‘‘(3)
receives, buys, or possesses a trade secret, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;
‘‘(4) attempts to commit any offense described in any of paragraphs (1) through (3); or
18 USC 1 note.
Economic Espionage Act of 1996.
Oct. 11, 1996 [H.R. 3723]
110 STAT. 3489PUBLIC LAW 104–294—OCT. 11, 1996
‘‘(5) conspires with one or more other persons to commit any offense described in any of 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 not more than $500,000 or imprisoned not more than 15 years, or both. ‘‘(b) ORGANIZATIONS.—Any organization that commits any offense described in subsection (a) shall be fined not more than $10,000,000.
1832. Theft of trade secrets
‘‘(a) Whoever, with intent to convert a trade secret, that is related to or included in a product that is produced for or placed 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 $5,000,000.
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None of the requirement said what he need to steal to be a trade secret. So yes, if Microsoft still consider MS-DOS is trade secret (which they legally can, as the kernel code remain largely the basis of today windows) then stealing DOS 1.0 source code would be an act of espionage.
So, in answering your question, yes, as long as they are defined as Trade Secret, according to USC Title 18, you are conducting espionage by stealing it. And for Xu to have been charged with Economic Espionage, he would have to had intent to sell them to China. Thus, working as an agent ON
BEHALF OF CHINA.
Economic Espionage and Theft of Trade Secret are the same charge with the latter does not have intend to sell these secret to a foreign government, foreign instrumentality, or foreign agent
I remember distinctly that it was you who said This is not my forte.
Would you be better off if I show you some Identification, such as Graduation Diplomas?
I argue the law, which I did not write them, you argue my qualification, I think it's quite easy to see who is doing what?
Again, I have no hidden agenda, Xu mean nothing to me, I do not feel bad about him getting caught, I did not feel happy about him getting caught, I simply stated the law and his charge, which he
WAS CHRAGED WITH SPYING FOR CHINA, to which he pled guilty, hence in his own word, not mine, he was spying for China. Which my agenda is, why you cannot accept that, even Xu does.
SO, because Reuter is not pro China and it is more believable than the rest?? LOL
I talk law, you can argue with me in law, I am not in a business to discuss private emotion. You might think whatever, he does not spy or conduct an act of espionage on behalf of China, but under the US law, HE DID.
That is not up to you, me, Reuters or any news agency. The point is, he has been charged Economic Espionage and accused of spying for China, he pled guilty, he is currently awaiting sentence, that is FACT, and regardless of what you think, those facts cannot be changed.
@waz @The Eagle
Please check out this post. Thank you
