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What is the Background of Espionage Charges?
Corporate espionage is unlawfully exposing a business’s secrets and information to parties that could disrupt the entity’s interests. At the federal level, the crime could entail stealing and sharing any information that could interfere with military operations.
A common espionage scenario is when an organization plants a spy in another company’s ranks to infiltrate their defenses. In the past, spies have been used to steal or sabotage technology to the detriment of the target entity. Atlanta criminal defense lawyers explain that the crime is severe and attracts hefty penalties.
Examples of Espionage
White-collar criminal defense lawyers in Atlanta highlight that the Espionage Act of 1996 prohibits individuals and entities from sharing information without proper authorization. The following are some crimes that could put you at risk of facing espionage charges:
- Data theft and piracy
- Stealing secret formulas
- Stealing, copying, conveying, destroying, changing, or conveying trade secrets
- Acquiring, receiving, purchasing, or possessing a trade secret knowing that it has been stolen or acquired wrongfully
- Using patented manufacturing techniques without authorization
- Using hidden surveillance programs, sniffer bots, and keyloggers
- Industrial espionage, such as sending malware to a competitor’s website or hacking into their computers
What Are the Penalties for Espionage Charges?
The stakes are high when you’re facing espionage charges in Georgia. Your liability may depend on whether you acted based on a personal initiative or under direct instructions from higher authorities. A conviction attracts hefty legal consequences such as an extended prison term:
- Up to ten years in jail and a fine of up to $500,000 if convicted as an individual. The jail term could increase to 15 years if the victim is a foreign agent or country.
- Fines of up to $5,000,000 for a corporation found guilty, which could increase to $10,000,000 if the victim is a foreign agent or country
Atlanta white-collar criminal defense lawyers say the court could impose civil remedies. Examples are damage awards to the victim, which could sum into millions. You could also be slapped with an injunction requiring you to return the stolen property or information.
Based on the case specifics, the court could also issue a cease and desist order. This happens in cases where the defendant has been using stolen trade secrets or copyrighted materials to their benefit. If you’re facing espionage charges, hiring aggressive Atlanta criminal defense attorneys to help you fight the charges would be in your best interest.
How Do Prosecutors Decide Which Espionage Cases to Pursue?
Not every espionage case warrants criminal prosecution, and the Department of Justice in the United States has guidelines it refers to determine the cases to pursue based on:
- Available evidence
- Scope of the crime
- Degree of economic damage caused to the victim
- Effectiveness of available civil remedies
- Whether the case is weighty enough to be a potential deterrent to potential offenders
Nonetheless, the fact that the Department of Justice may not pursue all espionage cases doesn’t make stealing legal. A violation could form the basis of a civil lawsuit that could have
What Factors Must the Prosecution Prove in Espionage Charges?
Corporate espionage charges can revolve around various legal challenges. First, the prosecution must prove the following factors:
- You intentionally or knowingly obtained a trade secret for the benefit of another agent in person or through electronic means
- You acted on the information knowing it could help a foreign agent gain an advantage over the affected entity
- You performed an evident and overt act that provides further evidence of a conspiracy to engage in espionage
- Someone willfully received, transferred, or communicated the classified information
These elements can be challenging to prove, but with proper legal representation, you can beat the charges to protect your rights and future. Experienced white-collar criminal defense lawyers in Atlanta know how to navigate such charges to cast doubt on the prosecutor’s claims to have the charges dropped or penalties reduced.
How Can I Defend Myself Against Corporate Espionage Charges?
Creating a compelling defense strategy against corporate espionage charges can be challenging unless you understand the intricacies of the complex justice system. Work closely with skilled criminal defense attorneys in Atlanta to craft arguments and collect evidence that works in your favor. The stakes are high, and you can’t afford to go to the legal battle alone.
From a legal perspective, you can apply the following defenses to beat the charges:
- You didn’t know the information was a trade secret
- You didn’t obtain the information to benefit economically
- The information you obtained was not a trade secret
For information to be categorized as a trade secret under the Economic Espionage Act, it must:
- Be economically valuable to its owner
- Not be commonly known to others
- Be reasonably secure
Skilled Atlanta white-collar defense lawyers can help you navigate all these issues, fighting for your freedom and rights while protecting you from severe legal consequences.
An Experienced Criminal Defense Attorney Defending You Against Corporate Espionage Charges
Industrial or corporate espionage is a severe crime that may cause businesses to lose revenue and other opportunities. If you’re accused of the crime, you risk serious legal consequences that could impede your freedom and rights. Consulting with experienced criminal defense lawyers in Atlanta is crucial to navigate the charges.
Mones Law is a reputable law firm with aggressive white-collar criminal defense attorneys who can help you through this difficult moment. A conviction can have devastating consequences beyond the hefty fines and sentencing, and we can use our skills and knowledge to protect you from the aftermath. Call us at 678-616-2647 to schedule a FREE 60-minute consultation.
