18 U.S.C. 1832, Theft of trade secrets: How Federal Cases Ended, FY2016–2025
Of the 16 federal trials under 18 U.S.C. 1832 that ended in fiscal years 2016 to 2025, 8 ended in an acquittal (50%). Across all 77 defendants, 43 (56%) pleaded guilty, 18 (23%) had their cases dismissed, and 16 (21%) went to trial. In total, 51 of the 77 (66%) were convicted.
Understanding Trends in Military Practice · 6 min read
Trends › Federal Prosecution Analysis › 18 U.S.C. 1832
In brief: Of the 16 federal trials under 18 U.S.C. 1832 that ended in fiscal years 2016 to 2025, 8 ended in an acquittal (50%). Across all 77 defendants, 43 (56%) pleaded guilty, 18 (23%) had their cases dismissed, and 16 (21%) went to trial. In total, 51 of the 77 (66%) were convicted.
This post uses the Federal Judicial Center's records of 77 federal defendants whose cases ended in fiscal years 2016 to 2025. The series also draws on the U.S. Sentencing Commission's records of 659,036 people sentenced in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
How Did the 16 Trials End?
Juries decided 11 trials and acquitted in 4 (36%). Judges decided 5 bench trials and acquitted in 4 of 5. Together, 8 of the 16 trials ended in an acquittal.
These are small numbers. A change in 1 or 2 trials would move the percentages a great deal. The trial group also differs from the cases that ended in a plea, so the acquittal share applies to trials only.
The Section and Who Is Counted
The U.S. Code heading for this section is "Theft of trade secrets". This post does not describe the law beyond that heading.
The 77 defendants are those whose most serious charge at the end of the case fell under this section. The count follows the federal courts' Table D-4, and every charge was a felony: 77 (100%).
Pleas and Dismissals
A guilty plea ended 43 cases (56%). Another 18 (23%) ended in a dismissal of the charges.
The dismissal group includes cases the government moved to dismiss, such as after the defendant pleaded guilty in another case. A dismissal in these records does not by itself say anything about guilt or innocence.
Prison Terms for Those Convicted
Of the 51 convicted, 35 (69%) received a prison term on this charge. The median was 12 months for those with a term of 1 month or more.
The median counts only the term on this section. It leaves out any time ordered on other counts or in other cases.
Counsel at the End of the Case
Retained private counsel represented 59 defendants (77%). In that group, 61% pleaded guilty, 15% had their cases dismissed, and 14 went to trial, with 7 acquittals (50%).
CJA panel attorneys, private lawyers appointed by the court, represented 8 defendants (10%). Federal public or community defenders represented 2 (3%). Each of those groups had 1 trial.
The appointed counsel groups are too small for useful comparison. In any case, these figures describe groups of cases, not the quality of lawyers, since defendants with hired and appointed counsel face different charges and circumstances.
| Type of counsel at the end of the case | Defendants | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
|---|---|---|---|---|---|
| Federal public or community defender | 2 | 1 of 2 | 0 of 2 | 1 | 1 (1 of 1) |
| CJA panel attorney | 8 | 6 of 8 | 1 of 8 | 1 | 0 (0 of 1) |
| Private (retained) counsel | 59 | 61% | 15% | 14 | 7 (50%) |
Small Yearly Counts
Fiscal year 2020 had the most cases, 20, with 40% ending in a guilty plea and 35% dismissed. In fiscal year 2021, all 4 trials ended in an acquittal (4 of 4). Most other years had 10 cases or fewer. The table lists each year, but counts this small do not form a trend.
| Fiscal year | Cases ended | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
|---|---|---|---|---|---|
| 2016 | 6 | 4 of 6 | 1 of 6 | 1 | 0 (0 of 1) |
| 2017 | 3 | 3 of 3 | 0 of 3 | 0 | 0 |
| 2018 | 5 | 3 of 5 | 0 of 5 | 2 | 2 (2 of 2) |
| 2019 | 2 | 2 of 2 | 0 of 2 | 0 | 0 |
| 2020 | 20 | 40% | 35% | 5 | 2 (2 of 5) |
| 2021 | 9 | 5 of 9 | 0 of 9 | 4 | 4 (4 of 4) |
| 2022 | 9 | 7 of 9 | 2 of 9 | 0 | 0 |
| 2023 | 7 | 2 of 7 | 3 of 7 | 2 | 0 (0 of 2) |
| 2024 | 6 | 3 of 6 | 1 of 6 | 2 | 0 (0 of 2) |
| 2025 | 10 | 60% | 40% | 0 | 0 |
Beyond the Records
These records cannot show the evidence, the value of anything at issue, or why a case was dismissed or a jury acquitted. The approved crosswalk has no close court-martial counterpart for this section.
How We Counted
Every federal defendant whose case ended in fiscal years 2016 to 2025 and whose most serious charge at the end of the case (TTITLE1) was under 18 U.S.C. 1832, any subsection (77), Federal Judicial Center, counted as in the federal courts' Table D-4. Type of counsel is TCOUNSEL; labels from the FJC criminal codebook. Section heading from the U.S. Code as published by the Office of the Law Revision Counsel (release point 119-136).
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
Who is in each set of numbers. The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended.
How "plea" and "trial" are counted. In the federal sentencing numbers, "trial" means the person was convicted after a trial, including people who pleaded guilty to some counts and went to trial on others. People acquitted at trial are not in these numbers at all (see "Who is in each set of numbers"). In the federal case data, the trial rate counts both convictions and acquittals at trial among all defendants whose cases ended, including dismissed cases. Military numbers count contested cases that reached a verdict. These denominators are not the same, and each post states the one it uses.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
Type of counsel describes groups of cases, not lawyers. The Federal Judicial Center records the type of counsel at the end of the case. Defendants who hire a lawyer differ from defendants who receive an appointed lawyer in their charges, criminal history, and circumstances, and some defendants change lawyers during a case. Differences in outcomes by type of counsel therefore cannot be credited to the type of lawyer.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- 18 U.S.C. 1752, Restricted building or grounds: How Federal Cases Ended, FY2017–2025 (same title of the U.S. Code)
- 18 U.S.C. 1791, Providing or possessing contraband in prison: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 18 U.S.C. 1920, False statement or fraud to obtain Federal employees’ compensation: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 18 U.S.C. 1951, Interference with commerce by threats or violence: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- Appointed vs. Retained Lawyers in Federal Criminal Cases: How Cases Ended, 2016–2025
- Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.