![]() According to the same report since being enacted in 1996, about 80%of all economic espionage prosecutions brought by the DOJ allege conduct that would benefit the Chinese state, and there is at least some nexus to China in around 60 percent of all trade secret theft cases. § 1831 (in which the trade secret was intended to benefit the Chinese government, bringing the total to five since the Initiative was first announced. Three of these cases in 2020 were charged under 18 U.S.C. Approximately a quarter of them were charged under the EEA. ‘Rob, Replicate and Replace’Īccording to the DOJ, it has charged 61 cases under the China Initiative. The China Initiative is led by the Department of Justice’s National Security Division, which is responsible for countering nation-state threats to the United States. The China Initiative reflects the strategic priority of countering Chinese national security threats and reinforces the government’s overall national security plan. Last year marked the two-year anniversary of the Department of Justice’s “China Initiative,” which was announced by Attorney General Jeff Sessions on November 1, 2018, and which was intended to increase the focus on the investigation and prosecution of trade secret theft and economic espionage under the Economic Espionage Act (EEA) and other “unfair trade practices” committed by the Chinese government and Chinese Nationals. One of the key trade secret trends in 2020 that was not mentioned by James Pooley in his excellent recap of the year’s trends was the continued focus by the government on Chinese economic espionage. “The Biden administration and the DOJ should review the China Initiative to determine whether prosecutions and investigations are based on the race, ethnicity or ancestry of the targeted individual, and if so to take remedial action to prevent such profiling in the future.”
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