Legal Question in Criminal Law in California

Conspiracy to steal company secrets

What are the legal consequences for conspiracy to steal company secrets for personal gain (client names, client information). How can a company prove this if no stealing actually occured?


Asked on 2/28/09, 6:01 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: Conspiracy to steal company secrets

First, your question does not provide enough information to give you a specific answer. You have not included any facts relevant to what you are asking. So if you want a specific answer or some real guidance rephrase your question and include some of the basic facts. However, in general terms you are talking about a number of different things. Conspiracy is a crime by itself and theft is another separate crime. Conspiracy is defined differently in different states but generally it is an agreement between two or more people to commit a crime and then some type of act in furtherance of that crime. Stealing is not a legal term, but theft is a legal term and a crime. It is also defined differently in different jurisdictions but generally it is defined as the taking of another's property without their consent with the intent to permanently deprive them of it. There are of course different degrees of theft and different definitions depending on the situation. Your definition or concepts of "stealing" may be different then the law in your jurisdiction. So if you have been charged with the crime of conspiracy to steal something that does not mean anything had to be stolen in order for you to be guilty of the crime. It only means that you and at least one other person agreed to steal something and then at least one of you took some type of act in furtherance of stealing the item or information. The problems can occur in a number of different areas. The act in furtherance can almost be anything. It is not necessary for all of the co-conspirators to participate in the act in furtherance. It only takes one. If someone has been involved in conversations or plans to do something and one of the group does an act in furtherance, the crime of conspiracy is complete. The only way out for one of the co-conspirators is to inform law enforcement about the plan. Not participating in the plan is not enough because the crime is already complete. Legal definitions are not the same as dictionary definitions. I would suggest you contact an attorney in your area to find out more about your situation. Good luck

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Answered on 3/01/09, 5:21 pm


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