On Thursday, U.S. District Court Judge Vince Chhabria in San Francisco ruled that there was insufficient evidence to prove former Google software engineer Linwei Ding intended to benefit the government of China. As a result, the judge tossed the seven economic espionage counts from Ding’s earlier conviction.
Partial reversal focuses on intent
The judge emphasized that while prosecutors showed Ding stole thousands of pages of confidential information, they did not meet the legal threshold to demonstrate that his actions were meant to aid the Chinese government. The economic espionage charges each carried a potential 15‑year prison term and a $5 million fine, but those penalties were removed from the pending sentencing.
Trade‑secret theft convictions remain
Judge Chhabria affirmed the seven counts of trade‑secret theft, which can result in up to 10 years in prison and a $250,000 fine per count. The court will schedule Ding’s sentencing for September 1.
Ding, a Chinese national who joined Google in May 2019, was found guilty in January after an 11‑day trial. Prosecutors said he began copying proprietary information about Google’s hardware infrastructure and software platform for training large AI models three years later, when a Chinese start‑up courted him.
The stolen materials reportedly included chip blueprints intended to give Google an edge over cloud competitors such as Amazon and Microsoft, and to reduce reliance on Nvidia chips.
Google was not charged in the case and has said it cooperated with law enforcement. The company did not immediately respond to a request for comment.
Ding’s attorney, who also goes by Leon Ding, expressed gratitude for the ruling, noting that the partial reversal underscores the importance of proving intent in economic‑espionage prosecutions.
Legal implications
The decision highlights the high burden of proof required for economic‑espionage convictions, especially when alleged foreign government benefit is a key element. Legal analysts suggest the ruling may influence how future cases involving AI trade‑secret theft are pursued.
The Justice Department has not commented on the judge’s order. Ding remains in custody pending sentencing.
Original reporting: Appleton, WI News Feed (HLL/CB) — read the source article.
