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Liang Chen, Trade Secret Theft, California 2017

Four high-ranking executives at a Bay Area semiconductor equipment manufacturer have been charged with conspiracy to steal trade secrets and related crimes, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.

Liang Chen, Donald Olgado, Wei-Yung Hsu, and Robert Ewald were charged for their respective roles in an alleged scheme to steal trade secrets from their employer, according to an indictment handed down on November 30, 2017 by a federal grand jury.

According to the indictment, the defendants were employed at a Silicon Valley-based semiconductor manufacturer. Chen, 52, of Saratoga, Calif., was a corporate vice president and general manager of the alternative energy products division; Olgado, 54, of Palo Alto, was a managing director of engineering within the product business group; Hsu, 57, of San Jose, was a vice president and general manager within the semiconductor LED division; and Ewald, 60, of Aptos, was a director of the energy and environmental systems within the alternative energy products division.

The indictment alleges that in September 2012, while the defendants were still employed by the semiconductor equipment manufacturer, they conspired to steal their employer’s trade secrets and use them in a competing company to be based in the United States and the People’s Republic of China.

The technology at issue was developed by the semiconductor equipment manufacturer through years of research and testing, and through millions of dollars in investment. The technology related to the high-volume manufacturing of semiconductor wafers to be used in lighting and electronic devices, such as flat screen televisions and smart phones.

Each defendant was charged with one count of conspiracy to commit theft of trade secrets, in violation of 18 U.S.C. § 1832(a)(5), and eleven counts of possessing stolen trade secrets, in violation of 18 U.S.C. § 1832(a)(3) & 2.

The maximum sentence for a violation of 18 U.S.C. § 1832(a)(5) is 10 years’ imprisonment and a $250,000 fine. The maximum sentence for a violation of 18 U.S.C. §§ 1832(a)(3) & 2 is 10 years’ imprisonment and a $250,000 fine.

The defendants are scheduled to be arraigned on the indictment on December 15, 2017, before the Honorable Susan van Keulen, United States Magistrate Judge.

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