The U.S. Department of Justice has announced in a press release the conviction of a former Google software engineer of economic espionage concerning the theft of trade secrets about artificial intelligence. The Press Release states:
Yesterday, a federal jury in San Francisco convicted former
Google software engineer Linwei Ding, also known as Leon Ding, 38, on seven
counts of economic espionage and seven counts of theft of trade secrets for
stealing thousands of pages of confidential information containing Google’s
trade secrets related to artificial intelligence technology for the benefit of
the People’s Republic of China (PRC). The jury’s verdict follows an 11-day
trial before U.S. District Judge Vince Chhabria for the Northern District of
California.
“This conviction exposes a calculated breach of trust
involving some of the most advanced AI technology in the world at a critical
moment in AI development,” said Assistant Attorney General for National
Security John A. Eisenberg. “Ding abused his privileged access to steal AI
trade secrets while pursuing PRC government-aligned ventures. His duplicity put
U.S. technological leadership and competitiveness at risk. I commend the trial
team and investigators whose exceptional work resulted in this conviction.”
“In today’s high-stakes race to dominate the field of
artificial intelligence, Linwei Ding betrayed both the U.S. and his employer by
stealing trade secrets about Google’s AI technology on behalf of China’s
government,” said Assistant Director Roman Rozhavsky of the FBI's
Counterintelligence and Espionage Division. “Not only does this case mark the
first-ever conviction on AI-related economic espionage charges, but it also
demonstrates the FBI’s unwavering dedication to protecting American businesses
from the increasingly severe threat China poses to our economic and national
security. We remain committed to working closely with our partners across the
private sector to protect our nation’s innovation, safeguard our trade secrets,
and hold our foreign adversaries accountable.”
“Silicon Valley is at the forefront of artificial
intelligence innovation, pioneering transformative work that drives economic
growth and strengthens our national security. The jury delivered a clear
message today that the theft of this valuable technology will not go
unpunished. We will vigorously protect American intellectual capital from
foreign interests that seek to gain an unfair competitive advantage while
putting our national security at risk,” said U.S. Attorney Craig H. Missakian
for the Northern District of California.
“This conviction reinforces the FBI’s steadfast commitment to
protecting American innovation and national security. The theft and misuse of
advanced artificial intelligence technology for the benefit of the People’s
Republic of China threatens our technological edge and economic
competitiveness,” said FBI Special Agent in Charge Sanjay Virmani for the San
Francisco Field Office. “The FBI San Francisco division serves Silicon Valley
and the companies who lead the world in innovation, and we are committed to safeguarding
their work. This case demonstrates the strength of collaboration between the
FBI and the private sector, including leading companies like Google, whose
partnership is critical to protecting sensitive U.S. technology. Today’s
verdict affirms that federal law will be enforced to protect our nation’s most
valuable technologies and hold those who steal them accountable.”
Ding was originally indicted in March 2024. A superseding
indictment returned in February 2025 described seven categories of
trade secrets stolen by Ding and charged Ding with seven counts of economic
espionage and seven counts of theft of trade secrets.
According to the evidence presented at trial, between
approximately May 2022 and April 2023, while a Google employee, Ding stole more
than two thousand pages of confidential information containing Google’s AI
trade secrets from Google’s network and uploaded them to his personal Google
Cloud account. Ding also secretly affiliated himself with two PRC-based
technology companies while he was employed by Google: around June 2022, Ding
was in discussions to be the Chief Technology Officer for an early-stage technology
company based in the PRC; by early 2023, Ding was in the process of founding
his own technology company in the PRC focused on AI and machine learning and
was acting as the company’s CEO. In multiple statements to potential investors,
Ding claimed that he could build an AI supercomputer by copying and modifying
Google’s technology. In December 2023, less than two weeks before he resigned
from Google, Ding downloaded the stolen Google trade secrets to his own
personal computer.
The jury found that Ding stole trade secrets relating to the
hardware infrastructure and software platforms that allow Google’s
supercomputing data center to train and serve large AI models. The trade
secrets contained detailed information about the architecture and functionality
of Google’s custom Tensor Processing Unit chips and systems and Google’s
Graphics Processing Unit systems, the software that allows the chips to
communicate and execute tasks, and the software that orchestrates thousands of
chips into a supercomputer capable of training and executing cutting-edge AI
workloads. The trade secrets also pertained to Google’s custom-designed
SmartNIC, a type of network interface card used to facilitate high speed
communication within Google’s AI supercomputers and cloud networking products.
In presentations to investors, Ding called out the PRC’s
national policies prioritizing AI development and innovation in the PRC, and in
late 2023 Ding applied for a government sponsored “talent plan” in Shanghai,
PRC. The jury heard evidence pertaining to the PRC government’s establishment
of talent plans to encourage individuals to come to China to contribute to the
PRC’s economic and technological growth. Ding’s application for this talent
plan stated that he planned to “help China to have computing power
infrastructure capabilities that are on par with the international level.” The
evidence at trial also showed that Ding intended to benefit two entities
controlled by the government of China by assisting with the development of an
AI supercomputer and collaborating on the research and development of custom
machine learning chips.
Ding is next scheduled to appear at a status conference on
Feb. 3, 2026. Ding faces a maximum sentence of 10 years in prison for each
count of theft of trade secrets in violation of 18 U.S.C. § 1832 and 15 years
in prison for each count of economic espionage in violation of 18 U.S.C § 1831.
Any sentence following conviction would be imposed by the Court only after
consideration of the U.S. Sentencing Guidelines and the federal statute
governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys for the Northern District of
California Casey Boome, Molly K. Priedeman, and Roland Chang are prosecuting
this case, with assistance from Veronica Hernandez and Trial Attorney Yifei
Zheng from the Counterintelligence and Export Control Section, National
Security Division. The prosecution is the result of an investigation by
the FBI.
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