United States v. Agrawal

726 F.3d 235 (2013)

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United States v. Agrawal

United States Court of Appeals for the Second Circuit
726 F.3d 235 (2013)

AR

Facts

Samarth Agrawal (defendant) worked at Société Générale, a French bank, and had access to the bank’s confidential computer code that it used to make high-frequency securities trades. Agrawal took a new job at Tower Research Capital and agreed to build a similar system for Tower. To do so, Agrawal printed out thousands of pages of Société’s code and took the pages to his home. The day Agrawal was to begin working for Tower, he was arrested. Agrawal was then convicted under the Economic Espionage Act for stealing Société’s trade secrets. Agrawal appealed to the United States Court of Appeals for the Second Circuit. Agrawal argued that he could not be convicted under the act, because the act only applied to trade secrets that were “related to or included in a product that is produced for or placed in interstate or foreign commerce” and Société’s code was never intended to be sold or licensed.

Rule of Law

Issue

Holding and Reasoning (Raggi, J.)

Dissent (Pooler, J.)

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