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1133. 18 U.S.C. § 1832 Element Four—The Defendant Acted With the Intent to Economically Benefit a Third Party

Under § 1832, the government must prove that the act of misappropriating the trade secret was intended for the economic benefit of a person other than the rightful owner (which can be the defendant or some other person or entity). This differs from § 1831 where foreign government activity is required, and the benefits may be non-economic. Therefore, a person who misappropriates a trade secret but who does not intend for anyone to gain economically from the theft cannot be prosecuted under § 1832.

[cited in JM 9-59.100]

Updated January 21, 2020