The gate that splits them
A jury can find that someone stole trade secrets, or tried or conspired to. Economic espionage also requires proof it was meant to benefit a foreign government.
Economic espionage
18 U.S.C. 1831 · Foreign government proof required
The government must prove the theft, attempt or conspiracy was meant to benefit a foreign government.
For a person: up to 15 years and $5 million per count.GE Aviation. Jury: proved, for attempt and conspiracy. 20 years.
Google. Jury, Jan. 2026: proved.
Theft of trade secrets
18 U.S.C. 1832 · Not required
No foreign government needed.
For a person: up to 10 years and $250,000 per count.Judge, Aug. 2026: theft only. Sentenced Sept. 1, 2026: 12 months minus one day.
Companies face fines instead; in the Micron case each company faced a maximum of more than $20 billion.
Micron (Fujian Jinhua). Judge: not guilty. Acquitted.
Follow a case
The same steps can end in a sentence, an acquittal or a narrower verdict. Select a case to see the record at each step.
Pick a case to walk it through the five steps.
GE Aviation
U.S. v. Yanjun Xu, Southern District of Ohio
Decided here: jury found the espionage proved.
- 1
First act
A GE Aviation employee was invited to give a talk at a university in China. He went two months later and was introduced to Xu. Prosecutors say Xu was a deputy division director in a provincial bureau of China's Ministry of State Security and had targeted aviation companies since at least December 2013.
Source - 2
Investigated
When Xu asked for technical documents in January 2018, the employee answered with the company's cooperation, while the company worked with the FBI.
Source - 3
Charged
Arrested in Belgium on a federal complaint. He was indicted in Ohio and extradited; charges were unsealed Oct. 10, 2018. The Justice Department says he was the first Chinese intelligence officer extradited to the U.S. to stand trial.
Source · Arrest and status - 4
In court
A jury convicted him on all counts: conspiracy and attempt to commit economic espionage and theft of trade secrets.
Source - 5
From charge to outcome: 4 years 7 months
Micron
U.S. v. United Microelectronics Corp. et al., Northern District of California
Decided here: judge found it not proved.
- 1
First act
A Micron Taiwan executive left for UMC. Prosecutors say he then arranged for UMC to pass Micron memory chip technology to Fujian Jinhua.
Source - 2
Investigated
The FBI and federal prosecutors built a criminal case; its start date is not public. Separately, Micron had sued in civil court in 2017.
Source · Civil suit - 3
Charged
A grand jury indicted Taiwan's UMC, China's state-owned Fujian Jinhua and three people. Unsealed Nov. 1, 2018. Each company faced a maximum fine of more than $20 billion.
Source - 4
In court
UMC pleaded guilty to trade secret theft, was sentenced to pay a $60 million fine and agreed to cooperate.
Source - 5
Outcome
Fujian Jinhua acquitted after a trial before a judge. Judge Maxine Chesney found the company not guilty after a trial without a jury.
Source
From charge to outcome: 5 years 5 months
U.S. v. Linwei Ding, Northern District of California
Decided twice: the jury said yes in January; the judge said no in August.
- 1
First act
Prosecutors say a Google engineer uploaded confidential AI chip and data center files to a personal cloud account.
Source - 2
- 3
Charged
Indicted. A new indictment in February 2025 charged seven economic espionage counts and seven theft counts.
Source - 4
- 5
From charge to outcome: 2 years 6 months
Export controls: the gate for chips leaving the country
On Dec. 8, 2025, the Justice Department said a Houston company and its owner had pleaded guilty on Oct. 10, 2025 to smuggling and unlawful export activities. Court papers say he and others exported or tried to export at least $160 million worth of export-controlled Nvidia H100 and H200 chips. The government seized more than $50 million in Nvidia technology and cash. Two other men charged in the same investigation are presumed innocent.