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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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DOJ’s Cyber Fraud Initiative: A Wake-up Call That Keeps Ringing
By Randy S. Grossman, Kareem A. Salem and Kayla LaRosa
DOJ’s Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.
The State of Supreme Court Jurisprudence On Public Corruption
By Carrie H. Cohen and Allison M. Magnarelli
In the past decade, each time the Supreme Court has taken certiorari in a public corruption case, the court has reversed trial convictions and limited the types of conduct that constitute a federal bribery offense.
Defending Against Extradition to the United States
By Robert J. Anello and Richard F. Albert
The arm of U.S. extradition law is long. Fortunately, practitioners have defenses at their disposal that they may raise in the requested country’s courts to help either limit the scope of prosecution once extradition occurs, or to prevent it altogether.
New DOJ Self-Disclosure Pilot Program Increases Risk for Startups
By Jonathan Fahey, Jonathan P. Lienhard and Oliver Roberts
The DOJ has created new incentives for employee, or anyone, to report criminal misconduct allegedly committed by companies and their agents. Given their often laxer internal reporting structures and higher employee turnover rates, startup companies should pay particularly close attention to this new development to best mitigate legal risks.