US v. Agrawal

(United States Second Circuit) – Defendant’s convictions under the Economic Espionage Act (EEA) and the National Stolen Property Act (NSPA) are affirmed, where: 1) on the EEA conviction, defendant fails to show that purported error in the pleading of the law’s jurisdictional element affected his substantial rights or the fairness, integrity, or public reputation of judicial proceedings; 2) on the NSPA conviction, defendant fails to show that the theft of his employer’s computer code did not satisfy the law’s “goods, wares, or merchandise” requirement because, although the code itself was intangible intellectual property, defendant stole it in the tangible form of thousands of sheets of paper; 3) defendant fails to establish any instructional error; and 4) defendant’s claims of constructive amendment and prejudicial variance fail on the merits.