Commercial Espionage Attorneys
It used to be that individuals or even organizations could engage in what’s now known as commercial espionage with relative impunity. Unless what was stolen was covered by a patent, there were typically no criminal charges that could apply. The most that would happen was that there might be civil penalties, fines if the matter was brought to court.
But everything has changed now. The larceny statute is now typically used in cases of commercial espionage, and the penalties (both civil and legal) can be very harsh. With all of that said, if you’re facing legal problems or even a criminal charge related to commercial espionage, you’ll want to find legal representation immediately. You’ll want to go with a firm that has the skill, experience, and care to get you the results you deserve.
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What is Commercial Espionage?
As with many other charges, commercial espionage is more of an umbrella term that encompasses a variety of criminal charges that could be brought against you. It’s important to note, too, that multiple charges can get brought against a single individual in a case, so it pays to have an understanding of what those charges are and what they entail.
What Are My Options?
As with all white-collar crime, prosecution tends to be especially harsh when it comes to commercial espionage. This is done as a deterrent to other possible offenders. For that reason, it’s imperative that you find representation that is experienced and skilled and has a proven track record, specifically in the federal court system. One common mistake is to just go with the first defense attorney or firm that you come across, but not all firms are equal, and not all defense lawyers have experience representing clients like you or cases like yours. On top of that, they might have plenty of experience defending at the state level, but the federal court system is entirely different.
Also common to all federal criminal charges is just how imperative it is that you seek legal counsel immediately. You don’t want to wait and waste precious time that could be spent on mounting an airtight legal defense. If you find yourself facing criminal charges or even the preliminary stages of an investigation, you should get in touch with legal counsel right away.
Transportation of Stolen Goods
The National Stolen Property Act (18 U.S.C. ß 2314) has to do with a variety of schemes of transporting, transferring, or otherwise transmitting any sort of goods, merchandise, or wares that someone knows is stolen or taken by fraud. As you might’ve already realized, the operative word there is “knows.” It needs to be proven that this was knowingly and intentionally done in order for a criminal charge of commercial espionage to be successfully prosecuted. Another caveat is that the overall value of the good or goods were stolen must be $5,000.00 or more. If it’s any less than that, this statute doesn’t apply to the crime involved.
Federal Mail Fraud
Another way that the prosecution will tend to pursue criminal charges of commercial espionage is through the federal mail fraud statutes, specifically through 18 U.S.C. ß 1341. This is typically used as a last-ditch effort by the prosecution, however, as it’s the easiest to prosecute and requires only that the defendant be proven to have used the mail to further some sort of fraud, not simply to have used it to commit the fraud itself. With that said, federal mail fraud is still a serious criminal charge that a defense attorney will need to fight vigorously on your behalf.
Federal Wiretap Law
Another avenue for prosecution when it comes to pursuing criminal charges of commercial espionage is through federal wiretap law. Title 18 U.S.C. ßß 2510-2520 specifically applies to instances of wiretapping that’s done for the purposes of stealing information, typically trade secrets, for the overall purpose or furtherance of commercial espionage. There are exceptions to this statute, but they typically only apply to law enforcement or for individuals who are working with law enforcement to uncover some sort of illegal activity.
This law can also apply to employers who spy on their employees or vice versa. As it’s a fairly broad charge, there are many ways that this statute can be used against a defendant. While the terminology seems to specifically refer to either tapping phone lines or using an audio recording device, this actually applies to all forms of electronic surveillance, including digital video.
Finding the Right Commercial Espionage Attorney
When you’re facing the stress and pressure involved with federal criminal charges, the last thing you want is to add to that stress by having to sift through a long list of attorneys and firms that might or might not be able to adequately defend you. We make the choice easy. Our firm has a combined 70 years of experience representing clients and cases just like you and yours. We’re skilled with cases of any type or size, and complexity is not an issue for us. If you’re coming to us for help, we’re here.
At the Norman Spencer Law Group, we believe in 1:1 service, and that starts at the top. We offer a variety of accessibility options, including legal consultations that we can set up for you remotely, using Zoom, Skype, or Google Duo. Then, if you need someone to come to you, we can make that happen as well, no matter where you might be in the country. No matter what sort of legal trouble you might find yourself in, the Norman Spencer Law Group has a team of seasoned professionals who can help, a group of defense attorneys who have a proven track record of success, ready to fight for you. To get in touch, simply give us your name and information, and someone from our team will be in touch with you as soon as possible.