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Corporate espionage sentence11/28/2023 The statutory maximum terms of imprisonment are 15 years for a section 1831 offense and 10 years for a section 1832 offense. § 1832 (Theft of trade secrets), which does not require such specific intent or knowledge. § 1831 (Economic espionage), which requires that the defendant specifically intend or know that the offense “will benefit any foreign government, foreign instrumentality, or foreign agent,” and 18 U.S.C. The offenses described in the directive may be prosecuted under 18 U.S.C. Section 3(a) of the Act directs the Commission to “review and, if appropriate, amend” the guidelines “applicable to persons convicted of offenses relating to the transmission or attempted transmission of a stolen trade secret outside of the United States or economic espionage, in order to reflect the intent of Congress that penalties for such offenses under the Federal sentencing guidelines and policy statements appropriately reflect the seriousness of these offenses, account for the potential and actual harm caused by these offenses, and provide adequate deterrence against such offenses.” Section 3(b) of the Act states that, in carrying out the directive, the Commission shall consider, among other things, whether the guidelines adequately address the simple misappropriation of a trade secret the transmission or attempted transmission of a stolen trade secret outside of the United States and the transmission or attempted transmission of a stolen trade secret outside of the United States that is committed or attempted to be committed for the benefit of a foreign government, foreign instrumentality, or foreign agent. 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: Amendment: Section 2B1.1(b) is amended by striking paragraph (5) as follows:
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