Back to FedCases

08/01/2016 Update

Thanks to Professor Shubha Ghosh (and his assistant Hyung-Gyu Sun), Professor Andrew Kim (and his assistant Sean Wynn), Mr. Daniel Olmos, Esq. and Ms. Jenny Brant, Esq., a full list of federal prosecutions related to the Economic Espionage Act (EEA) is now posted.  They have been verified and validated by multiple sources, primarily the Public Access to Court Electronic Records (PACER) system.

FedCases currently has 173 cases since the enactment of EEA in 1996 and an additional 7 cases where the Department of Justice (DOJ) alleged the defendants of spying for China, but did not charge them under the EEA. Professor Xiaoxing Xi and Sherry Chen were 2 of these 7 cases.  Use of this “alternative charge” approach bypassing a safeguard of high-level review for national security prosecutions appeared to start around 2010.  DOJ made a rule change in March 2016 that did not prohibit the practice but subject them to high-level review.

The 180 cases include 266 defendants and 19 firms.  Citizenship and residency of the defendants are reported when they are known.  The “Source” column has been updated but hidden from public display according to the following identification:

03/31/2016 Update

A column titled “Source” was added.  It indicates how the corresponding case was obtained according to the following format:

• NXXX where N refers to the Nolan list covering 1996 to July 1, 2015 and XXX is the sequence number on the Nolan list

• JW-X refers to an additional case prior to July 1, 2015 recovered by Jeremy Wu and X is a sequence number 

• NEW-XXX refers to a new case after July 1, 2015 added by Jeremy Wu and X is a sequence number

• ALT-X refers to a case based exclusively on “alternative charges” added by Jeremy Wu and X is a sequence number 

As of today, the distribution of 51 cases by source is as follows:

FedCases was redefined to be a complete list of China-related prosecutions according to the Economic Espionage Act of 1996.  As a result, 3 cases (N029, N037, and N110) are now hidden and 2 cases (N082 and N131) have been added.  This means that Asian or Asian Americans not alleged in China-related prosecutions have been temporarily removed from FedCases, and non-Asian individuals alleged in China-related cases are now included in FedCases.

Thanks to Hyung Gyu Sun, the status of one case was corrected from JW-X to ALT-X.  The disposition of 3 cases on the Nolan list (N009, N076 and N107) has been identified and added to FedCases.  One case, JW-1, was removed because it was not China-related.

A joint effort with Professor Shubha Ghosh, Professor Andrew Kim, and law school student Hyung Gyu Sun is ongoing to verify, validate and expand on the Nolan list with the objective of a future version of FedCases that will cover comprehensively all prosecutions covered by and related to the Economic Espionage Act. 

Back to FedCases