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United States Court of Appeals for the First Circuit
September 28, 2000, Decided
[*6] TORRUELLA, Chief Judge. On September 16, 1998, a grand jury returned a indictment charging Dr. Stephen R. Martin and Caryn L. Camp with ten counts of wire fraud, two counts of mail fraud, one count of conspiracy to steal trade secrets, one count of conspiracy to transport stolen goods, and one count of interstate transportation of stolen goods. Camp agreed to testify against Martin as part of a plea agreement. Martin proceeded to trial, where a jury found him not guilty on six counts of wire fraud (counts 1-6) and of interstate transportation of stolen goods (count 15). The jury found Martin guilty on [**2] the remaining counts of wire fraud (counts 7-10), mail fraud (counts 11-12), conspiracy to steal trade secrets (count 13), and conspiracy to transport stolen property in interstate commerce (count 14). This appeal, challenging the sufficiency of the evidence for conviction, followed.
For the reasons stated below, we affirm.
This case arises out of an electronic mail "pen-pal" relationship between a dissatisfied Maine chemist, Caryn Camp, and a California scientist, Dr. Stephen Martin.
I. Events Prior to May 1, 1998
A. Camp's Employment at IDEXX
Camp first began work at IDEXX, Inc. ("IDEXX"), a manufacturer of veterinary products headquartered in Portland, Maine, in May of 1995. Camp's responsibilities as an IDEXX chemist included mixing chemicals for diagnostic test kits for both pets and livestock. At the time of her employment, she signed non-disclosure and non-competition agreements, promising in part not to "disclose to others, or use for [her] own benefit or the benefit of others, any of the Developments or any confidential, proprietary or secret information owned, possessed or used by [IDEXX] or its customers or contractors." The proprietary [**3] information included, but was not limited to, "trade secrets, processes, data, know-how, marketing plans, forecasts, unpublished financial statements, budgets, licenses, prices, costs, and employee, customer and supplier lists." Camp also signed the IDEXX policy on ethics and business conduct, which prohibited employees from revealing "proprietary knowledge or data" without prior authorization.
B. Martin's Communication with IDEXX
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
228 F.3d 1 *; 2000 U.S. App. LEXIS 23918 **; 56 U.S.P.Q. (BNA) 1410
UNITED STATES, Appellee, v. STEPHEN R. MARTIN, Defendant, Appellant.
Prior History: [**1] APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE. Hon. D. Brock Hornby, U.S. District Judge.
conspiracy, e-mail, trade secret, mail fraud, counts, mail, customers, confidential information, scheme to defraud, reasonable jury, confidential, software, wire fraud, x-Chek, package, convictions, transport, steal, correspondence, honest, spy, interstate, sufficient evidence, false pretenses, abetting, responded, compete, wire, fiduciary duty, rational jury
Criminal Law & Procedure, Trials, Verdicts, General Overview, Evidence, Types of Evidence, Circumstantial Evidence, Appeals, Standards of Review, Weight & Sufficiency, Business & Corporate Compliance, Criminal Offenses, Trade Secrets Law, Criminal Offenses, Inchoate Crimes, Conspiracy, Elements, Burdens of Proof, Prosecution, Labor & Employment Law, Conditions & Terms, Trade Secrets & Unfair Competition, Trade Secrets, Theft & Related Offenses, Larceny & Theft, Trade Secrets Law, Trade Secret Determination Factors, Definition Under Common Law, Economic Value, Misappropriation Actions, Protection of Secrecy, Reasonable Measures, Employee Privacy, Invasion of Privacy, Protected Information, Know-How, Stolen Property, Transporting Stolen Property, Transportation Law, Carrier Duties & Liabilities, Contraband, Miscellaneous Offenses, Fraud, Computer Fraud, Wire Fraud, Fraud Against the Government, Mail Fraud, Accessories, Aiding & Abetting, Governments, Fiduciaries, Torts, Intentional Torts, Breach of Fiduciary Duty