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Economic espionage comes to trial, first time with a jury

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True entrepreneurs will go to any length to get their companies off the ground. And, they're known for accepting the consequences of the risks they take. Some businesses never make it to launch, never bring in a dime, never lead to that killer IPO. In even rarer cases, these adventures can put two people behind the defendants' table on charges of corporate espionage. Lan Lee, an American, and Yuefei Ge, a Chinese citizen, allegedly swiped computer chip blueprints and tried to gain Chinese government support for a startup using these illicit goods. Now, they could face up to 65 years on charges of corporate espionage.


What makes this case unique, aside from the fact that it involves China, espionage and technology, is that it will be the first economic espionage trial to involve a jury. Economic espionage, by definition, entails the theft of trade secrets with the intent to benefit a foreign government (and the government doesn't have to be a party to the scheme). Until now, these trials have been conducted only by judges.

Lee and Ge used to work for NetLogic Microsystems, a Silicon Valley chipmaker. They are accused of having downloaded technical descriptions for a chip in 2003 and using it to try to pick up venture capital money from China<.

So far, only one economic espionage case has gone to trial, that of Dongfan "Greg" Chung. The 73-year-old was a former engineer at Boeing (NYSE: BA) and Rockwell International (NYSE: COL). He was convicted of passing along space shuttle and weapons secrets to China. His case was tried by a judge (not a jury), and Chung could face up to 90 years -- his sentencing comes next month.

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Last updated: November 24, 2009: 11:52 AM

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