United States v. Fei Ye, AKA Ye Fei Ming Zhong, AKA Zhong Ming AKA Andy Zhong

Defendants are charged with possessing stolen trade secrets in violation of the Economic Espionage Act of 1996 (“EEA”), 18 U.S.C. § 1831 et seq. The district court granted defendants’ motion for pre-trial depositions of several expert witnesses whom the government intends to call at trial. The government brings this interlocutory appeal under 18 U.S.C. § 1835 , arguing that the district court erred in granting the motion because the order authorizes and directs the disclosure of trade secrets, and because it is inconsistent with the Federal Rules of Criminal Procedure and the Jencks Act. In the alternative, the government maintains that the district court’s order is clearly erroneous and warrants mandamus relief. While we eon- elude that we do not have appellate jurisdiction under § 1835, we find this case appropriate for mandamus relief.

JURISDICTION

We have jurisdiction over an interlocutory appeal under the EEA when the district court issues “a decision or order ... authorizing or directing the disclosure of any trade secret.” 18 U.S.C. § 1835 . As discussed below, § 1835 does not provide us with jurisdiction over this appeal because the government had already disclosed all…