Page 1 United States District Court
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
VENUE: SAN FRANCISCO
CR23-104 TLT
UNITED STATES OF AMERICA,
FILED
V.
WEIBAO WANG,
April 11, Mark B. Busby
CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO
DEFENDANT(S).
INDICTMENT
18 U.S.C. § 1832(a)(1), (2), (3) & (4) – Theft and Attempted Theft of Trade Secrets;
18 U.S.C. §§ 1834 and 2323 – Forfeiture Allegation
A true bill.
/s/ Foreperson of the Grand Jury
Foreman
11th day of
Filed in open court this __________
April, _________________________________.
Rose Maher, Clerk
____________________________________________
Clerk
____________________________________________
bail arrest warrant
Bail, $ no
_____________
Hon. Thomas S. Hixson, U.S. Magistrate JudgePage 2 FILED
1 ISMAIL J. RAMSEY (CABN 189820)
United States Attorney
April 11,
Mark B. Busby
CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
WEIBAO WANG,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
CASE NO. CR23-104 TLT
VIOLATIONS:
18 U.S.C. § 1832(a)(1), (2), (3) & (4) – Theft and
Attempted Theft of Trade Secrets;
18 U.S.C. §§ 1834 and 2323 – Criminal Forfeiture.
SAN FRANCISCO VENUE
INDICTMENT
19 The Grand Jury charges:
Introductory Allegations
21 At all times relevant to this Indictment:
1.
Apple, Inc. (“Apple”) is a technology company headquartered in Cupertino, California.
2.
By 2018, Apple was involved in the research and development of technology related to
24 autonomous systems (the “Project”), which can have a variety of applications, such as self-driving cars.
25 Apple employees working on the Project designed and developed both the hardware and software
26 necessary for motion planning for such autonomous systems, and over the span of many years the
27 company invested substantial resources into development of the Project.
3.
Apple owned all of the Project’s intellectual property, including but not limited to the
INDICTMENTPage 3 1 trade secrets at issue, as alleged below.
4.
Apple placed limits on the number of employees with knowledge about the Project.
3 Specifically, Apple granted employees “disclosure” for the Project. Disclosure status allowed an
4 employee to receive information for the Project and was solely granted on a strict “need to know” basis.
5 Around April 2018, only around 5,000 of Apple’s over 135,000 full time employees were disclosed on
6 the Project.
5.
Apple maintained multiple confidential databases which contained proprietary and
8 confidential information about the Project (the “Databases”). Not all employees disclosed on the Project
9 had access to the Databases. Around April 2018, approximately 2,700 Apple employees had access to
10 one or more of the Databases.
6.
Apple also communicated the importance of secrecy to its employees. Before starting at
12 Apple, corporate employees were required to sign a Confidentiality and Intellectual Property Agreement
13 (“IPA”). The IPA specified that an employee must not use Apple’s intellectual property except as
14 authorized by Apple, and it included a prohibition against transfer and transmission of intellectual
15 property without Apple’s consent.
7.
Employees disclosed on the Project were also required to attend in-person secrecy
17 training for the Project (“Secrecy Training”). Secrecy Training covered the importance of keeping the
18 nature and the details of the Project secret and avoiding intentional and unintentional information leaks.
19 Secrecy Training taught methods for ensuring that information about the Project was only provided to
20 individuals disclosed on the Project. The training covered possible consequences for providing
21 information or confirmation of information to non-disclosed individuals, including employment
22 termination. In addition, Secrecy Training covered Apple’s policy prohibiting employees from storing
23 Apple’s intellectual property on devices over which they do not have personal control, and the
24 requirements for storing and transmitting Project documents using secure mechanisms.
8.
On or about March 7, 2016, Weibao WANG joined Apple as a software engineer on the
26 Project. On or about December 15, 2015, before starting at Apple, WANG signed Apple’s IPA.
27 Because of his position, WANG was granted disclosure on the Project. On March 23, 2016, WANG
28 attended Secrecy Training for the Project. Additionally, during each year of his employment, WANG
INDICTMENT
2Page 4 1 took a Business Conduct course at Apple, which covered the appropriate handling of confidential
2 material.
9.
While at Apple, WANG was a member of the Annotation Team, which worked on
4 algorithms to accelerate or enhance the process of annotating real-world objects. Due to WANG’s role
5 on the Project, he was granted broad access to the Databases, which contained trade secrets and
6 intellectual property for the Project.
10.
On or about April 3, 2018, WANG sent an email to his supervisor stating that he was
8 resigning from Apple, and that his last day with the company would be April 16, 2018. WANG’s
9 resignation email did not indicate what he planned to do after leaving Apple. During an exit interview
10 with his supervisor, WANG did not reveal where he was going to work after Apple.
11.
Unbeknownst to Apple, on or about November 22, 2017, more than four months prior to
12 his resignation email, WANG signed a letter accepting an offer of full-time employment as a Staff
13 Engineer with the U.S.-based subsidiary of another company that was headquartered in the People’s
14 Republic of China and was working to develop self-driving cars (“COMPANY ONE”).
12.
In or around May 2018, Apple representatives reviewed access logs documenting
16 historical activity on Apple’s network. While reviewing access log activity for the Databases containing
17 proprietary and confidential information relating to the Project, Apple identified WANG as having
18 accessed large amounts of sensitive Project information in the days leading up to his departure from
19 Apple.
13.
On June 27, 2018, law enforcement executed a search warrant at WANG’s residence in
21 Mountain View, California. During the search, agents recovered several of WANG’s personal
22 electronic devices. WANG was present at the search and told agents that he had no plans to travel.
14.
Nevertheless, later the same day, at approximately 8:34 p.m., WANG purchased a one-
24 way plane ticket from San Francisco International Airport to Guangzhou, China. Records indicate that
25 WANG boarded the flight, which departed San Francisco at approximately 11:55 p.m. that night.
15.
Analysis of various devices seized from WANG’s home revealed that he had stored large
27 quantities of data taken from Apple prior to his departure. WANG’s personal desktop computer and
28 personal external hard drive each contained various confidential, proprietary materials from the Project.
INDICTMENT
3Page 5 1 Among the materials recovered was the entire Project source code, as it existed at the time surrounding
2 WANG’s departure from Apple.
16.
Data associated with several of the computer files containing confidential, proprietary
4 materials from the Project indicated that most of the files identified below were last accessed during the
5 period following WANG’s departure from Apple, while he was employed by the subsidiary of
6 COMPANY ONE.
8 COUNTS ONE THROUGH SIX: (18 U.S.C. § 1832(a)(1), (2), (3) & (4) – Theft and Attempted Theft of
Trade Secrets)
17.
The allegations contained in Paragraphs 1 through 16 are realleged and incorporated as if
11 fully set forth herein.
18.
On or about the dates set forth in the separate counts below, in the Northern District of
13 California and elsewhere, the defendant,
WEIBAO WANG,
15 intending to convert a trade secret that was related to a product and service used in and intended for use
16 in interstate and foreign commerce to the economic benefit of anyone other than the owner of that trade
17 secret, and knowing and intending that the offense would injure the owner of that trade secret, as
18 specifically alleged in each of Counts One through Six below:
a. knowingly stole, and without authorization appropriated, took, carried away, concealed,
and by fraud, artifice, and deception obtained trade secrets belonging to Apple, and attempted to
do so;
b. knowingly and without authorization copied, duplicated, sketched, drew, downloaded,
uploaded, altered, photocopied, replicated, transmitted, delivered, sent, communicated, and
conveyed trade secrets belonging to Apple, and attempted to do so; and
c. knowingly and without authorization received, bought, and possessed trade secrets
belonging to Apple, and attempted to do so, knowing the same to have been stolen and
appropriated, obtained, and converted without authorization:
28 //
INDICTMENT
4Page 6 Count
One
Date
Item Description
On or about August 11,
Entire Autonomy Source
Code
Two
On or about April 18,
Tracking for an Autonomous
System
Three
On or about April 15,
Behavior Planner for an
Autonomous System
Four
On or about April 14,
Architecture Design for an
Autonomous System
Five
In or about April
Descriptions of Hardware
Systems, Including
Architecture, Modules,
Power, and Inputs
Six
On or about April 15,
Motion Planner for an
Autonomous System
15 Each in violation of Title 18, United States Code, Sections 1832(a)(1), (2), (3) & (4).
16 FORFEITURE ALLEGATION: (18 U.S.C. §§ 1834 and 2323 – Proceeds and Property Involved in
Theft of Trade Secrets)
19.
The allegations contained in Counts One through Six of this Indictment are hereby
19 realleged and incorporated as if fully set forth here. Upon conviction of any of those offenses, the
20 defendant,
WEIBAO WANG,
22 shall forfeit to the United States of America, pursuant to Title 18, United States Code, Sections 1834 and
23 2323, any property used, or intended to be used, in any manner or part to commit or facilitate the
24 commission of the offenses, and any property constituting or derived from any proceeds obtained
25 directly or indirectly as a result of the commission of the offenses.
20.
If any of the property described above, as a result of any act or omission of the defendant:
a.
cannot be located upon the exercise of due diligence;
b.
has been transferred or sold to, or deposited with, a third party;
INDICTMENT
5Page 7
c.
has been placed beyond the jurisdiction of the court;
d.
has been substantially diminished in value; or
e.
has been commingled with other property which cannot be divided without
difficulty,
5 the United States of America shall be entitled to forfeiture of substitute property pursuant to Title 21,
6 United States Code, Section 853(p), as incorporated by Title 18, United States Code, Section 2323(b).
All pursuant to Title 18, United States Code, Sections 1834 and 2323.
9 DATED: April 11,
A TRUE BILL.
/s/ Foreperson
FOREPERSON
San Francisco, California
14 ISMAIL J. RAMSEY
United States Attorney
/s/ Sloan Heffron
17 SLOAN HEFFRON
MARISSA HARRIS
18 Assistant United States Attorney
INDICTMENT
6Page 8 FILED
April 11,
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Mark B. Busby
CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO
CRIMINAL COVER SHEET
Instructions: Effective November 1, 2016, this Criminal Cover Sheet must be completed and submitted,
along with the Defendant Information Form, for each new criminal case.
CASE NAME:
USA V.
CASE NUMBER:
WEIBAO WANG
Is This Case Under Seal?
Total Number of Defendants:
Does this case involve ONLY charges
under 8 U.S.C. § 1325 and/or 1326?
Venue (Per Crim. L.R. 18-1):
CR
Yes ✔ No
1 ✔ 2-Yes
No
8 or more
✔
SF ✔ OAK
Is this a potential high-cost case?
Yes
No ✔
Is any defendant charged with
a death-penalty-eligible crime?
Yes
No ✔
Is this a RICO Act gang case?
Yes
No ✔
Assigned AUSA
(Lead Attorney):
Sloan Heffron
CR23-104 TLT
SJ
Date Submitted:
4/11/
Comments:
Form CAND-CRIM-COVER (Rev. 11/16)
RESET FORM
SAVE PDFPage 9 AO 257 (Rev. 6/78)
DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. DISTRICT COURT
BY:
COMPLAINT
INFORMATION
INDICTMENT
Name of District Court, and/or Judge/Magistrate Location
NORTHERN DISTRICT OF CALIFORNIA
SUPERSEDING
OFFENSE CHARGED
SAN FRANCISCO DIVISION
Petty
18 U.S.C. § 1832(a)(1), (2), (3) & (4) - Theft and Attempted
Theft of Trade Secrets (Counts One - Six)
18 U.S.C. §§ 1834 and 2323 - Forfeiture Allegation
Minor
Misdemeanor
April 11,
Weibao Wang
Felony
PENALTY:
FILED
DEFENDANT - U.S
Mark B. Busby
CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO
DISTRICT COURT NUMBER
CR23-104 TLT
Maximum Penalties (per count):
Ten years' imprisonment;
$250,000 fine, or twice the gross gain/loss;
Three years' supervised release; and
$100 special assessment
DEFENDANT
IS NOT IN CUSTODY
PROCEEDING
Name of Complaintant Agency, or Person (& Title, if any)
1)
Has not been arrested, pending outcome this proceeding.
If not detained give date any prior
summons was served on above charges
2)
Is a Fugitive
3)
Is on Bail or Release from (show District)
Federal Bureau of Investigation
person is awaiting trial in another Federal or State Court,
give name of court
this person/proceeding is transferred from another district
per (circle one) FRCrp 20, 21, or 40. Show District
this is a reprosecution of
charges previously dismissed
which were dismissed on motion
of:
U.S. ATTORNEY
}
DEFENSE
this prosecution relates to a
pending case involving this same
defendant
}
prior proceedings or appearance(s)
before U.S. Magistrate regarding this
defendant were recorded under
Name and Office of Person
Furnishing Information on this form
5)
On another conviction
6)
Awaiting trial on other charges
MAGISTRATE
CASE NO.
Yes
Has detainer
been filed?
DATE OF
ARREST
Federal
State
No
}
If "Yes"
give date
filed
Month/Day/Year
Or... if Arresting Agency & Warrant were not
DATE TRANSFERRED
TO U.S. CUSTODY
Month/Day/Year
This report amends AO 257 previously submitted
ADDITIONAL INFORMATION OR COMMENTS
NO PROCESS*
WARRANT
Bail Amount: No Bail
* Where defendant previously apprehended on complaint, no new summons or
warrant needed, since Magistrate has scheduled arraignment
Date/Time:
Comments:
}
Other U.S. Agency
If Summons, complete following:
Arraignment
Initial Appearance
Defendant Address:
On this charge
Sloan Heffron, Marissa Harris
PROCESS:
SUMMONS
4)
If answer to (6) is "Yes", show name of institution
Ismail J. Ramsey
U.S. Attorney
Name of Assistant U.S.
Attorney (if assigned)
SHOW
DOCKET NO.
IS IN CUSTODY
Before Judge:
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 3:23-cr-00104-TLT Document 1 Filed 04/11/23 Page 1 of 7
United States District Court
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
VENUE: SAN FRANCISCO
CR23-104 TLT
UNITED STATES OF AMERICA,
FILED
V.
WEIBAO WANG,
April 11, 2023
Mark B. Busby
CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO
DEFENDANT(S).
INDICTMENT
18 U.S.C. § 1832(a)(1), (2), (3) & (4) – Theft and Attempted Theft of Trade Secrets;
18 U.S.C. §§ 1834 and 2323 – Forfeiture Allegation
A true bill.
/s/ Foreperson of the Grand Jury
Foreman
11th day of
Filed in open court this __________
April, 2023
_________________________________.
Rose Maher, Clerk
____________________________________________
Clerk
____________________________________________
bail arrest warrant
Bail, $ no
_____________
Hon. Thomas S. Hixson, U.S. Magistrate Judge
PDF Page 3
Case 3:23-cr-00104-TLT Document 1 Filed 04/11/23 Page 2 of 7
FILED
1 ISMAIL J. RAMSEY (CABN 189820)
United States Attorney
2
April 11, 2023
3
Mark B. Busby
CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN FRANCISCO DIVISION
11
UNITED STATES OF AMERICA,
Plaintiff,
12
13
v.
14
WEIBAO WANG,
15
Defendant.
16
)
)
)
)
)
)
)
)
)
)
)
CASE NO. CR23-104 TLT
VIOLATIONS:
18 U.S.C. § 1832(a)(1), (2), (3) & (4) – Theft and
Attempted Theft of Trade Secrets;
18 U.S.C. §§ 1834 and 2323 – Criminal Forfeiture.
SAN FRANCISCO VENUE
17
18
INDICTMENT
19 The Grand Jury charges:
20
Introductory Allegations
21 At all times relevant to this Indictment:
22
1.
Apple, Inc. (“Apple”) is a technology company headquartered in Cupertino, California.
23
2.
By 2018, Apple was involved in the research and development of technology related to
24 autonomous systems (the “Project”), which can have a variety of applications, such as self-driving cars.
25 Apple employees working on the Project designed and developed both the hardware and software
26 necessary for motion planning for such autonomous systems, and over the span of many years the
27 company invested substantial resources into development of the Project.
28
3.
Apple owned all of the Project’s intellectual property, including but not limited to the
INDICTMENT
PDF Page 4
Case 3:23-cr-00104-TLT Document 1 Filed 04/11/23 Page 3 of 7
1 trade secrets at issue, as alleged below.
2
4.
Apple placed limits on the number of employees with knowledge about the Project.
3 Specifically, Apple granted employees “disclosure” for the Project. Disclosure status allowed an
4 employee to receive information for the Project and was solely granted on a strict “need to know” basis.
5 Around April 2018, only around 5,000 of Apple’s over 135,000 full time employees were disclosed on
6 the Project.
7
5.
Apple maintained multiple confidential databases which contained proprietary and
8 confidential information about the Project (the “Databases”). Not all employees disclosed on the Project
9 had access to the Databases. Around April 2018, approximately 2,700 Apple employees had access to
10 one or more of the Databases.
11
6.
Apple also communicated the importance of secrecy to its employees. Before starting at
12 Apple, corporate employees were required to sign a Confidentiality and Intellectual Property Agreement
13 (“IPA”). The IPA specified that an employee must not use Apple’s intellectual property except as
14 authorized by Apple, and it included a prohibition against transfer and transmission of intellectual
15 property without Apple’s consent.
16
7.
Employees disclosed on the Project were also required to attend in-person secrecy
17 training for the Project (“Secrecy Training”). Secrecy Training covered the importance of keeping the
18 nature and the details of the Project secret and avoiding intentional and unintentional information leaks.
19 Secrecy Training taught methods for ensuring that information about the Project was only provided to
20 individuals disclosed on the Project. The training covered possible consequences for providing
21 information or confirmation of information to non-disclosed individuals, including employment
22 termination. In addition, Secrecy Training covered Apple’s policy prohibiting employees from storing
23 Apple’s intellectual property on devices over which they do not have personal control, and the
24 requirements for storing and transmitting Project documents using secure mechanisms.
25
8.
On or about March 7, 2016, Weibao WANG joined Apple as a software engineer on the
26 Project. On or about December 15, 2015, before starting at Apple, WANG signed Apple’s IPA.
27 Because of his position, WANG was granted disclosure on the Project. On March 23, 2016, WANG
28 attended Secrecy Training for the Project. Additionally, during each year of his employment, WANG
INDICTMENT
2
PDF Page 5
Case 3:23-cr-00104-TLT Document 1 Filed 04/11/23 Page 4 of 7
1 took a Business Conduct course at Apple, which covered the appropriate handling of confidential
2 material.
9.
3
While at Apple, WANG was a member of the Annotation Team, which worked on
4 algorithms to accelerate or enhance the process of annotating real-world objects. Due to WANG’s role
5 on the Project, he was granted broad access to the Databases, which contained trade secrets and
6 intellectual property for the Project.
10.
7
On or about April 3, 2018, WANG sent an email to his supervisor stating that he was
8 resigning from Apple, and that his last day with the company would be April 16, 2018. WANG’s
9 resignation email did not indicate what he planned to do after leaving Apple. During an exit interview
10 with his supervisor, WANG did not reveal where he was going to work after Apple.
11.
11
Unbeknownst to Apple, on or about November 22, 2017, more than four months prior to
12 his resignation email, WANG signed a letter accepting an offer of full-time employment as a Staff
13 Engineer with the U.S.-based subsidiary of another company that was headquartered in the People’s
14 Republic of China and was working to develop self-driving cars (“COMPANY ONE”).
12.
15
In or around May 2018, Apple representatives reviewed access logs documenting
16 historical activity on Apple’s network. While reviewing access log activity for the Databases containing
17 proprietary and confidential information relating to the Project, Apple identified WANG as having
18 accessed large amounts of sensitive Project information in the days leading up to his departure from
19 Apple.
20
13.
On June 27, 2018, law enforcement executed a search warrant at WANG’s residence in
21 Mountain View, California. During the search, agents recovered several of WANG’s personal
22 electronic devices. WANG was present at the search and told agents that he had no plans to travel.
23
14.
Nevertheless, later the same day, at approximately 8:34 p.m., WANG purchased a one-
24 way plane ticket from San Francisco International Airport to Guangzhou, China. Records indicate that
25 WANG boarded the flight, which departed San Francisco at approximately 11:55 p.m. that night.
26
15.
Analysis of various devices seized from WANG’s home revealed that he had stored large
27 quantities of data taken from Apple prior to his departure. WANG’s personal desktop computer and
28 personal external hard drive each contained various confidential, proprietary materials from the Project.
INDICTMENT
3
PDF Page 6
Case 3:23-cr-00104-TLT Document 1 Filed 04/11/23 Page 5 of 7
1 Among the materials recovered was the entire Project source code, as it existed at the time surrounding
2 WANG’s departure from Apple.
16.
3
Data associated with several of the computer files containing confidential, proprietary
4 materials from the Project indicated that most of the files identified below were last accessed during the
5 period following WANG’s departure from Apple, while he was employed by the subsidiary of
6 COMPANY ONE.
7
8 COUNTS ONE THROUGH SIX: (18 U.S.C. § 1832(a)(1), (2), (3) & (4) – Theft and Attempted Theft of
Trade Secrets)
9
17.
10
The allegations contained in Paragraphs 1 through 16 are realleged and incorporated as if
11 fully set forth herein.
18.
12
On or about the dates set forth in the separate counts below, in the Northern District of
13 California and elsewhere, the defendant,
WEIBAO WANG,
14
15 intending to convert a trade secret that was related to a product and service used in and intended for use
16 in interstate and foreign commerce to the economic benefit of anyone other than the owner of that trade
17 secret, and knowing and intending that the offense would injure the owner of that trade secret, as
18 specifically alleged in each of Counts One through Six below:
a. knowingly stole, and without authorization appropriated, took, carried away, concealed,
19
20
and by fraud, artifice, and deception obtained trade secrets belonging to Apple, and attempted to
21
do so;
b. knowingly and without authorization copied, duplicated, sketched, drew, downloaded,
22
23
uploaded, altered, photocopied, replicated, transmitted, delivered, sent, communicated, and
24
conveyed trade secrets belonging to Apple, and attempted to do so; and
c. knowingly and without authorization received, bought, and possessed trade secrets
25
26
belonging to Apple, and attempted to do so, knowing the same to have been stolen and
27
appropriated, obtained, and converted without authorization:
28 //
INDICTMENT
4
PDF Page 7
Case 3:23-cr-00104-TLT Document 1 Filed 04/11/23 Page 6 of 7
Count
1
One
2
Date
Item Description
On or about August 11, 2016
Entire Autonomy Source
Code
3
Two
4
On or about April 18, 2018
Tracking for an Autonomous
System
5
Three
6
On or about April 15, 2018
Behavior Planner for an
Autonomous System
7
Four
On or about April 14, 2018
Architecture Design for an
Autonomous System
8
Five
9
In or about April 2018
Descriptions of Hardware
Systems, Including
10
Architecture, Modules,
11
Power, and Inputs
12
Six
13
On or about April 15, 2018
Motion Planner for an
Autonomous System
14
15 Each in violation of Title 18, United States Code, Sections 1832(a)(1), (2), (3) & (4).
16 FORFEITURE ALLEGATION: (18 U.S.C. §§ 1834 and 2323 – Proceeds and Property Involved in
Theft of Trade Secrets)
17
18
19.
The allegations contained in Counts One through Six of this Indictment are hereby
19 realleged and incorporated as if fully set forth here. Upon conviction of any of those offenses, the
20 defendant,
21
WEIBAO WANG,
22 shall forfeit to the United States of America, pursuant to Title 18, United States Code, Sections 1834 and
23 2323, any property used, or intended to be used, in any manner or part to commit or facilitate the
24 commission of the offenses, and any property constituting or derived from any proceeds obtained
25 directly or indirectly as a result of the commission of the offenses.
26
20.
If any of the property described above, as a result of any act or omission of the defendant:
27
a.
cannot be located upon the exercise of due diligence;
28
b.
has been transferred or sold to, or deposited with, a third party;
INDICTMENT
5
PDF Page 8
Case 3:23-cr-00104-TLT Document 1 Filed 04/11/23 Page 7 of 7
1
c.
has been placed beyond the jurisdiction of the court;
2
d.
has been substantially diminished in value; or
3
e.
has been commingled with other property which cannot be divided without
4
difficulty,
5 the United States of America shall be entitled to forfeiture of substitute property pursuant to Title 21,
6 United States Code, Section 853(p), as incorporated by Title 18, United States Code, Section 2323(b).
7
All pursuant to Title 18, United States Code, Sections 1834 and 2323.
8
9 DATED: April 11, 2023
A TRUE BILL.
10
11
/s/ Foreperson
FOREPERSON
San Francisco, California
12
13
14 ISMAIL J. RAMSEY
United States Attorney
15
16
/s/ Sloan Heffron
17 SLOAN HEFFRON
MARISSA HARRIS
18 Assistant United States Attorney
19
20
21
22
23
24
25
26
27
28
INDICTMENT
6
PDF Page 9
Case 3:23-cr-00104-TLT Document 1-1 Filed 04/11/23 Page 1 of 1
FILED
April 11, 2023
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Mark B. Busby
CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO
CRIMINAL COVER SHEET
Instructions: Effective November 1, 2016, this Criminal Cover Sheet must be completed and submitted,
along with the Defendant Information Form, for each new criminal case.
CASE NAME:
USA V.
CASE NUMBER:
WEIBAO WANG
Is This Case Under Seal?
Total Number of Defendants:
Does this case involve ONLY charges
under 8 U.S.C. § 1325 and/or 1326?
Venue (Per Crim. L.R. 18-1):
CR
Yes ✔ No
1 ✔ 2-7
Yes
No
8 or more
✔
SF ✔ OAK
Is this a potential high-cost case?
Yes
No ✔
Is any defendant charged with
a death-penalty-eligible crime?
Yes
No ✔
Is this a RICO Act gang case?
Yes
No ✔
Assigned AUSA
(Lead Attorney):
Sloan Heffron
CR23-104 TLT
SJ
Date Submitted:
4/11/23
Comments:
Form CAND-CRIM-COVER (Rev. 11/16)
RESET FORM
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Case 3:23-cr-00104-TLT Document 1-2 Filed 04/11/23 Page 1 of 1
AO 257 (Rev. 6/78)
DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. DISTRICT COURT
BY:
COMPLAINT
INFORMATION
INDICTMENT
Name of District Court, and/or Judge/Magistrate Location
NORTHERN DISTRICT OF CALIFORNIA
SUPERSEDING
OFFENSE CHARGED
SAN FRANCISCO DIVISION
Petty
18 U.S.C. § 1832(a)(1), (2), (3) & (4) - Theft and Attempted
Theft of Trade Secrets (Counts One - Six)
18 U.S.C. §§ 1834 and 2323 - Forfeiture Allegation
Minor
Misdemeanor
April 11,2023
Weibao Wang
Felony
PENALTY:
FILED
DEFENDANT - U.S
Mark B. Busby
CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO
DISTRICT COURT NUMBER
CR23-104 TLT
Maximum Penalties (per count):
Ten years' imprisonment;
$250,000 fine, or twice the gross gain/loss;
Three years' supervised release; and
$100 special assessment
DEFENDANT
IS NOT IN CUSTODY
PROCEEDING
Name of Complaintant Agency, or Person (& Title, if any)
1)
Has not been arrested, pending outcome this proceeding.
If not detained give date any prior
summons was served on above charges
2)
Is a Fugitive
3)
Is on Bail or Release from (show District)
Federal Bureau of Investigation
person is awaiting trial in another Federal or State Court,
give name of court
this person/proceeding is transferred from another district
per (circle one) FRCrp 20, 21, or 40. Show District
this is a reprosecution of
charges previously dismissed
which were dismissed on motion
of:
U.S. ATTORNEY
}
DEFENSE
this prosecution relates to a
pending case involving this same
defendant
}
prior proceedings or appearance(s)
before U.S. Magistrate regarding this
defendant were recorded under
Name and Office of Person
Furnishing Information on this form
5)
On another conviction
6)
Awaiting trial on other charges
MAGISTRATE
CASE NO.
Yes
Has detainer
been filed?
DATE OF
ARREST
Federal
State
No
}
If "Yes"
give date
filed
Month/Day/Year
Or... if Arresting Agency & Warrant were not
DATE TRANSFERRED
TO U.S. CUSTODY
Month/Day/Year
This report amends AO 257 previously submitted
ADDITIONAL INFORMATION OR COMMENTS
NO PROCESS*
WARRANT
Bail Amount: No Bail
* Where defendant previously apprehended on complaint, no new summons or
warrant needed, since Magistrate has scheduled arraignment
Date/Time:
Comments:
}
Other U.S. Agency
If Summons, complete following:
Arraignment
Initial Appearance
Defendant Address:
On this charge
Sloan Heffron, Marissa Harris
PROCESS:
SUMMONS
4)
If answer to (6) is "Yes", show name of institution
Ismail J. Ramsey
U.S. Attorney
Name of Assistant U.S.
Attorney (if assigned)
SHOW
DOCKET NO.
IS IN CUSTODY
Before Judge: