1E9Ct5D

To constitute a violation of the “theft of trade secrets” prohibition, the prosecution mustshow: (1) the intentional and/or knowing theft, appropriation, alteration, or duplication oftrade secret; (2) the trade secret is related to a product or service used or intended foruse in interstate or foreign commerce; (3) intent to convert the trade secret; and (4)intent or knowledge that such action will injure the owner. 16In this context, establishingthe necessary intent to injure the trade secret owner “does not require the governmentto prove malice or evil intent, but merely that the actor knew or was aware to a practicalcertainty that his conduct would cause some disadvantages to the rightful owner.” 17Unfortunately, the EEA does not provide a private, civil right of action to victims of tradesecret theft. However, federal penalties for theft of trade secrets in violation of the EEAare substantial. Theft of trade secrets for commercial advantage is punishable by a fineof up to $250,000 for individuals, as well as imprisonment of up to 10 years, andorganizations can be fined up to $5 million. 18The EEA also authorizes the forfeiture of“any property used, or intended to be used … to commit or facilitate” an EEA violation,as well as “any property constituting, or derived from, any proceeds obtained directly orindirectly as a result of” an EEA offense. 19Offenders may be required to pay restitutionto victims of their trade secret theft. 20Finally, federal district courts are required to enter protective orders or take othermeasures “as may be necessary and appropriate to preserve the confidentiality of trade16 18 U.S.C. § 1832.17 H.R. Rep. No. 104-788, at 11 (1996).18 18 U.S.C. § 1832.19 18 U.S.C. §§ 1834; 2323.20 Id.3082723.3