Ye

BACKGROUND

Defendants Fei Ye and Ming Zhong were arrested by fed- eral law enforcement agents while attempting to board a flight to China at the San Francisco International Airport. Federal agents simultaneously seized various materials from defen- dants’ personal luggage, homes, and offices, alleged to be trade secrets stolen from four American technology compa- nies. Defendants were subsequently charged with possessing stolen trade secrets with the intent to benefit the People’s Republic of China.1 1 The ten-count indictment included conspiracy to commit economic espionage, possession of stolen trade secrets, and foreign transportation of stolen property, in violation of 18 U.S.C. §§ 371, 1831(a)(5), and 1832(a)(5); economic espionage, in violation of 18 U.S.C. § 1831(a)(3); possession of stolen trade secrets, in violation of 18 U.S.C. § 1832(a)(3); and foreign transportation of stolen property, in violation of 18 U.S.C. § 2314. 1270 UNITED STATES v. YE Prior to trial, defendants filed a motion for a bill of particu- lars, for discovery, and to dismiss the indictment. At the hear- ing on this motion, the prosecutor explained that “all the trade secret…