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United States Sixth Circuit


US v. YANG, 00-3125, 00-3126, 00-3150

Where the defendants believed the information they conspired and attempted to steal was a trade secret, the fact that the information was not an actual trade secret was irrelevant, as the defense of impossibility is unavailable to defendants charged under the Economic Espionage Act of 1996, 18 U.S.C. sections 1832(a)(4) and (5).

Appellate Information

  • Argued 06/05/2001
  • Decided 02/20/2002
  • Published 02/20/2002

Judges

  • Before:  BATCHELDER and MOORE, Circuit Judges;  BERTELSMAN, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Kirby Heller (argued and briefed), U.S. Dept. of Justice, Crim. Div. App. Section, Washington, DC, for United States of America., Nancy Luque (argued and briefed), Eric A. Dubelier (argued and briefed), Reed, Smith, Shaw & McClay, Washington, DC, for Pin Yen Yang and Four Pillars Enterprise Co., LTD in Nos. 00-3125 and 00-3150., Ralph E. Cascarilla (argued and briefed), Darrell A. Clay (briefed), Walter & Haverfield LLP, Cleveland, OH, for Hwei Chen Yang in No. 00-3126.

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