Department of Justice
U.S. Attorney’s Office
District of Massachusetts
FOR IMMEDIATE RELEASE Thursday, October 1, 2020
Lexington Couple and their Semiconductor Company Indicted on Charges of Theft of Trade Secrets from Norwood Semiconductor Company
BOSTON – A naturalized U.S. citizen living in Lexington, his wife, and a company they established were charged today in a 24-count superseding indictment in connection with the theft of hundreds of files containing proprietary information from Analog Devices, Inc. (ADI), a worldwide semiconductor company headquartered in Norwood.
波士顿 — 今天，一名居住在莱克星顿的归化美国公民、他的妻子以及他们成立的一家公司遭到24项起诉，罪名是盗窃总部位于诺伍德的全球半导体公司模拟设备Analog Devices, Inc. (ADI)的数百份包含专有权信息的文件。
Haoyang Yu, a/k/a “Jack Yu,” a/k/a “Harry Yu,” a/k/a “Jack Tricon,” 41, of Lexington, and his company, Tricon MMIC LLC (Tricon), were charged with three counts of possession and attempted possession of a trade secret; two counts of smuggling; two counts of transporting stolen goods; one count of visa fraud; and one count of procuring U.S. citizenship unlawfully. Yu and his wife, Yanzhi Chen, 22, also of Lexington, were also charged with three counts of wire fraud and aiding and abetting wire fraud. Yu was previously charged by indictment in June 2019 with stealing, copying, downloading, and possessing ADI’s trade secrets.
41岁的莱克星顿的余浩洋， “Jack Yu”，又名 “Harry Yu”，又名 “Jack Tricon”，和他的公司Tricon MMIC LLC (Tricon)，被控三项拥有和企图拥有商业秘密罪；两项走私罪；两项运输赃物罪；一项签证欺诈指控；一项非法取得美国国籍指控。余和他22岁的妻子陈彦之，也是莱克星顿人，同样也被指控犯有三项：电报诈骗，协助和教唆电报诈骗罪。余在2019年6月被起诉，罪名是窃取、复制、下载和拥有ADI公司的商业机密。
According to the superseding indictment, Yu was born in Harbin, China, and first came to the United States in 2002 through the student visa program. He became a lawful permanent resident in June 2009, and a naturalized U.S. citizen in March 2017. From July 2014 to July 2017, Yu was employed by ADI as a principal design engineer.
As alleged in the indictment, Yu worked for ADI designing and developing parts of monolithic microwave integrated circuits (MMICs), which are used in radio, cellular and satellite communications, as well as in defense and aerospace applications. As a result of his work, Yu had access to data and information relating to ADI’s present and future product designs, schematics, manufacturing files and testing procedures. It is alleged that, while working for ADI, Yu downloaded hundreds of highly confidential schematic design and modeling files that belonged to ADI, and uploaded many of these files to his personal Google drive account. The files YU stole from ADI were worth millions of dollars.
In March 2017, approximately five months before he resigned from ADI, Yu and his wife established Tricon, which, according to its website, “specializes in wide band MMIC amplifiers,” and serves customers in “defense and aerospace, test and instrumentation, [and] satellite communications.”
2017年3月，也就是在他从ADI辞职前约5个月，余和他的妻子成立了Tricon公司，据其网站介绍，该公司 “专注于宽频MMIC放大器”，服务于 “国防和航空航天、测试和仪器仪表、[和]卫星通信 “领域的客户们。
On July 31, 2017, Yu allegedly resigned from ADI and signed an agreement affirming that he had surrendered all proprietary information or data. Nevertheless, in December 2018 and again in June 2019, Yu allegedly had propriety ADI files in his possession both in his Google drive account and on his personal computers. Since creating Tricon in March 2017, Yu marketed and sold approximately 20 ADI designs as his own, and even used the same Taiwanese semiconductor fabrication plant as ADI to manufacture Tricon’s MMIC parts. The superseding indictment alleges that the defendants fraudulently obtained MMIC and other semiconductor parts from the Taiwanese semiconductor fabrication plant by providing the plant with ADI’s stolen designs and other proprietary information, and furthermore concealed the fact that the designs were stolen from ADI.
Yu and Tricon also allegedly smuggled export-controlled technology from the United States to Taiwan without obtaining the necessary export license from the U.S. Department of Commerce.
Finally, the superseding indictment alleges that Yu committed visa fraud and procured U.S. citizenship unlawfully by failing to disclose material facts and information concerning the theft of ADI’s trade secrets in his Application for Naturalization (Form N-400), which he submitted to the U.S Department of Homeland Security in or about February 2017.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. All other charges each provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling; William Higgins, Special Agent in Charge of the Department of Commerce, Office of Export Enforcement, Boston Field Office; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigation, Boston Field Office; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Michael Wiest, Special Agent in Charge of the Naval Criminal Investigative Service, Northeast Field Office made the announcement today. U.S. Customs and Border Protection, Coast Guard Investigative Service, Defense Criminal Investigative Service, the Massachusetts State Police, the Lexington Police Department and the Hingham Police Department also provided assistance with the investigation. Assistant U.S. Attorneys Amanda Beck and Jason A. Casey of Lelling’s National Security Unit and B. Stephanie Siegmann, Chief of Lelling’s National Security Unit, are prosecuting the case.
美国检察官安德鲁·莱林Andrew Lelling、波士顿外地办事处出口执法办公室商务部负责特工威廉·希金斯William Higgins、波士顿外地办事处负责国土安全调查的代理特工Michael Shea、联邦调查局波士顿特勤处负责特工约瑟夫·波纳沃隆塔Joseph R.Bonavolonta 和东北外勤办公室海军刑事调查处特工迈克尔·威斯特Michael Wiest今天作出了上述宣布。美国海关和边境保护局、海岸警卫队调查处、国防刑事调查处、马萨诸塞州警察局、莱克星顿警察局和欣汉警察局也为调查提供了协助。美国助理检察官阿曼达·贝克Amanda Beck和莱林Lelling国家安全组的杰森·凯西Jason A. Casey以及Lelling国家安全组组长斯蒂芬妮·西格曼B. Stephanie Siegmann正在起诉此案。
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
翻译：【文所未闻】 校对：【奔腾的长江】 编辑：【GM31】