Chung
United States v. Chung
Opinion
Opinion
Carney, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS COUNTS 1 THROUGH 9 OF THE INDICTMENT AS UNCONSTITUTIONALLY VAGUE
INTRODUCTION
Before the Court is Defendant Dongfan “Greg” Chung’s motion to dismiss Counts 1 through 9 of the Indictment as unconstitutionally vague. Mr. Chung argues that 18 U.S.C. § 1831 , the Economic Espionage Act of 1996 (“EEA”), is unconstitutionally vague as applied to him because it fails to adequately define the term “trade secret.” Accordingly, Mr. Chung argues that the Counts of the Indictment that charge him with violating the EEA and conspiracy to commit those violations must be dismissed. For the following reasons, Mr. Chung’s motion to dismiss is DENIED.
BACKGROUND
Mr. Chung worked at Rockwell International (“Rockwell”) and then Boeing, when Boeing acquired the space division of Rockwell. (Indictment ¶ 10.) Mr. Chung worked as a stress analyst on the forward fuselage section of the Space Shuttle from 1973 through 2002. (Id.) Mr. Chung also worked on the Space Shuttle as an independent contractor at Boeing from 2003 through 2006. (Id. ¶ 11.) The Indictment alleges that Mr. Chung, at the request of the government of the People’s Republic of China (“PRC”),…