Defend yourself with Miami's Premier Trade Secret Theft Attorney
Top Miami Trade Secret Theft Attorney: Protect Your Interests
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In the complex world of business, trade secret theft and criminal corporate espionage are serious offenses under the Economic Espionage Act of 1996. These felonies can result in severe consequences, including substantial fines and prison time. As such, securing the services of Miami Criminal Defense Attorney Dennis Gonzalez Jr is crucial to defending your rights and safeguarding your future.
With extensive knowledge and skill, he can effectively defend your white-collar criminal case and work towards the best possible outcome. Dedicated to delivering top-quality criminal defense services to clients in Miami, Ft. Lauderdale, and Daytona Beach, Attorney Dennis Gonzalez Jr works closely with every client to maximize the chances of a favorable resolution in their federal crime case. He is well-equipped to aggressively defend you, employing the extensive resources at his disposal to seek reduced or dropped charges. |
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Understanding Trade Secret Theft
The first provision, codified at 18 U.S.C. § 1831, is directed towards foreign economic espionage and requires that the theft of the trade secret be done to benefit a foreign government, instrumentality or agent. The second provision makes criminal the more common commercial theft of trade secrets, regardless of who benefits. 18 U.S.C. § 1832.
Trade secret theft, also known as industrial espionage, encompasses various methods of misappropriating trade secrets for the benefit of a party other than the rightful owner. Typically charged as a federal crime when the product or service is used or intended for interstate or foreign commerce, this offense requires the perpetrator to know that their actions will cause harm or loss to the trade secret's owner.
Examples of trade secret theft include stealing or misappropriating documents, using deception to obtain information, duplicating plans or diagrams, and possessing stolen information. Charges can also arise from attempts to commit these offenses or conspiring with others to do so.
Trade secret theft, also known as industrial espionage, encompasses various methods of misappropriating trade secrets for the benefit of a party other than the rightful owner. Typically charged as a federal crime when the product or service is used or intended for interstate or foreign commerce, this offense requires the perpetrator to know that their actions will cause harm or loss to the trade secret's owner.
Examples of trade secret theft include stealing or misappropriating documents, using deception to obtain information, duplicating plans or diagrams, and possessing stolen information. Charges can also arise from attempts to commit these offenses or conspiring with others to do so.
The Economic Espionage Act of 1996 (18 U.S.C. §§ 1831-1839) is the main law that deals with economic espionage.
Economic espionage refers to stealing or misusing trade secrets and other intellectual property. The crime must be committed with the intent or knowledge that it will benefit a foreign government, foreign instrumentality, or foreign agent (as per 18 U.S.C. § 1831).
Why Choose Dennis Gonzalez Jr for Your Trade Secret Theft Case
When faced with allegations of trade secret theft or criminal corporate espionage, it's imperative to enlist the expertise of Miami Criminal Defense Attorney Dennis Gonzalez Jr. With over 11 years of experience, he has a proven track record of successfully defending clients against federal criminal charges. Call him at (305) 209-0384
Three scenarios where an innocent person may be wrongfully accused of Corporate Espionage of Trade Secret Theft:
Scenario 1: Misattribution of Responsibility
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An employee, Alex, works on a sensitive project with a team of colleagues. Unbeknownst to Alex, one of his coworkers, Chris, decides to steal trade secrets for personal gain. When the company discovers the breach, management mistakenly believes Alex is responsible due to his close involvement with the project. As a result, Alex is wrongfully accused of corporate espionage and trade secret theft, even though he played no part in the illegal activities.
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Scenario 2: Framed by a Competitor
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A talented and ambitious employee, Jane, has recently been promoted to a high-level position within her company. Her promotion creates animosity with a rival employee, Mark, who feels threatened by her success. In an attempt to sabotage Jane's career, Mark covertly steals confidential information from the company and plants evidence to implicate Jane. The company, unaware of Mark's actions, wrongfully accuses Jane of corporate espionage and trade secret theft.
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Scenario 3: Accidental Exposure to Confidential Information
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An employee, Sam, accidentally receives an email containing highly sensitive information about a competitor's new product. Unaware of the email's significance, Sam forwards it to a colleague for clarification. The forwarded email is intercepted by the company's security team, who, believing Sam's actions were intentional, wrongfully accuses him of corporate espionage and trade secret theft. In reality, Sam had no malicious intent and was merely seeking guidance.
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In order to establish a violation of 18 U.S.C. § 1831, the government must prove:
- the defendant stole or, without authorization of the owner, obtained, destroyed or conveyed information;
- the defendant knew this information was proprietary;
- the information was in fact a trade secret; and
- the defendant knew the offense would benefit or was intended to benefit a foreign government, foreign instrumentality, or foreign agent.
In order to establish a violation of 18 U.S.C. § 1832, the government must prove:
- the defendant stole, or without authorization of the owner, obtained, destroyed or conveyed information;
- the defendant knew this information was proprietary;
- the information was in fact a trade secret;
- the defendant intended to convert the trade secret to the economic benefit of anyone other than the owner;
- the defendant knew or intended that the owner of the trade secret would be injured; and
- the trade secret was related to or was included in a product that was produced or placed in interstate or foreign commerce.
Additional Information Resources
- Department of Justice - Introduction to the Economic Espionage Act
- Cornell Legal Information Institute (LII) - Economic Espionage Act
- 18 U.S.C. § 1831
- 18 U.S.C. § 1832
Dennis Gonzalez Jr.'s law firm is a top-tier criminal defense practice serving clients in Miami, Fort Lauderdale, West Palm Beach, and throughout Florida. Possessing the knowledge, skills, and resources necessary for successfully handling all types of crimes, Miami Criminal Defense Attorney Dennis Gonzalez Jr. will work relentlessly to protect your rights when you're in legal trouble.
Contact our office today or fill out the convenient online contact form to schedule a free consultation.
Contact our office today or fill out the convenient online contact form to schedule a free consultation.
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MIAMI CRIMINAL DEFENSE ATTORNEY DENNIS GONZALEZ JR 11401 SW 40 STREET, SUITE 204 Miami, FL 33165 (305) 209-0384 www.DGONZ.com |