Legal News

Sealed memo momentarily open to public in espionage case

By Richard Binder

As the first defendants in the nation to plead guilty to economic espionage charges, Ming Zhong and Fei Ye admitted they stole secrets from Silicon Valley companies and sought VC funding from the Chinese government.

The fact of their cooperation with American authorities has been no secret: It appeared in an unredacted portion of their plea agreements. Still, in preparation for sentencing Friday, Santa Cruz, Calif., solo Paul Meltzer asked Northern District of California Judge James Ware to seal Ye's entire sentencing memo. Referring in a declaration to China's economic espionage program, "press disclosure of the details contained in the sentencing memorandum concerning the 863 Program could expose Mr. Ye to reprisals," Meltzer wrote.

Such sealing requests are fairly common and routinely granted, allowing no one but the parties to evaluate their merit. But for a few moments on Tuesday, Ye's sentencing memo was publicly available on the court's electronic docket. In the memo, Meltzer says his client provided "invaluable" information to the feds.

But the document doesn't detail China's program, contrary to what Meltzer wrote in his declaration. Regardless, Ware granted Meltzer's motion Wednesday, with no objection from the government. Meltzer did not respond to messages.

Read the full Recorder story.

Full post as published by Legal Pad | LA on November 20, 2008 (boomark / email).