Bittenbender Indicted for Theft of Trade Secrets and Wire Fraud

A federal grand jury has indicted a Matthew Bittenbender in an alleged scheme to rig federal aircraft fuel bids.^[1] Bittenbender is charged in U.S. District Court of Maryland with conspiracy to defraud the U.S. Department of Defense, conspiracy to commit wire fraud and conspiracy to steal trade secrets.^[2]

The government asserts that Bittenbender worked in 2005 at Avcard, a Hunt Valley firm that sells aircraft fuel to the government for military posts and other facilities.^[3]

He's accused of offering information about Avcard's bids to competing firms. The two other alleged conspirators were arrested Saturday in New York City; they, and their companies, are also named in the indictment.^[4]

Theft of trade secrets is covered under 18 U.S.C. § 1832. wherein it states that Whoever, with intent to convert a trade secret, that is related to or included in a product that is produced for or placed in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret, knowingly 1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information; 2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys such information; 3) receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization; 4) attempts to commit any offense described in paragraphs (1) through (3); or 5) conspires with one or more other persons to commit any offense described in paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy, shall, except as provided in subsection (b), be fined under this title or imprisoned not more than 10 years, or both.^[5]

Section B of 1832 states that any organization that commits any offense described in subsection (a) shall be fined not more than$5,000,000.^[6]

---

^[1] AP Staff, Man Indicted In Alleged Bid Rigging Scheme, Associated Press Newswire, January 8, 2008, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] 18 U.S.C. § 1832(a)(2008).
^[6] Id. at §1832(b).