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1138. Civil Proceedings

While the EEA does not provide for civil forfeiture proceedings, it does authorize the government to file a civil action seeking injunctive relief. 18 U.S.C. § 1836(a). Injunctive relief should be sought to prevent further disclosure of the trade secret during a criminal investigation or in cases in which a defendant's conduct does not warrant criminal prosecution. Federal District Courts have exclusive jurisdiction over such civil actions. 18 U.S.C. § 1836(b).

[cited in JM 9-59.100]

Updated January 21, 2020