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Over the past decade, scientists of Asian descent — mostly Chinese and Chinese American — have faced increasing government scrutiny into whether they are acting as agents for Chinese businesses and governmental entities. In 2018, the Department of Justice announced its China Initiative (the Initiative), a new policy dedicated to prosecuting economic espionage, trade secret theft, hacking, and other economic crimes done for the benefit of Chinese private and governmental entities. According to the Department of Justice (DOJ), “[a]bout 80 percent of all economic espionage prosecutions brought by [DOJ] allege conduct that would benefit the Chinese state, and there is at least some nexus to China in around 60 percent of all trade secret theft cases.” Press Release, DOJ, Information About the Department of Justice’s China Initiative and Compilation of China-Related Prosecutions Since 2018. The Initiative also increased DOJ’s focus on “non-traditional collectors [of information],” defined as individuals who are not spies, but instead are professors, students, and other ordinary citizens coopted to gather and transfer valuable information and technologies contrary to the United States’ interests. DOJ, Attorney General Jeff Session’s China Initiative Fact Sheet.
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By Bradley A. Marcus
Although the criminal prosecution of lawyer misconduct is nothing new, the recent indictment of a plaintiffs’ lawyer in Maryland and sentencing of two plaintiffs’ lawyers in Virginia illustrate the particular danger to attorneys who arguably cross the line during negotiations with potential litigation counterparties.
By Robert J. Anello and Richard F. Albert
A review of recent decisions of the Roberts court and of decisions in which Barrett participated during her limited tenure on the U.S. Court of Appeals for the Seventh Circuit provides some hints regarding how the Supreme Court’s future decisions may affect the law relevant to white-collar criminal practice.
By Elkan Abramowitz and Jonathan S. Sack
The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of “or exceed[ing] authorized access” is not so clear.
By Andrew Maloney
With a change in priorities, and issues such as health care, climate and another stimulus package potentially on the agenda for President-elect Joe Biden, white-collar defense lawyers anticipate an uptick in enforcement work.