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Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 1 of 15
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`A09i (Rev. 11/11) Criminal Complaint
`
`United States District Court
`for the
`
`Northern District of California
`
`''ILko
`0 9 2018
`^ SOOWG
`SANjose ^ORNIA
`
`United States of America
`
`V.
`
`XIAOLANG ZHANG
`
`Defendant(s)
`
`Cfi 18.70919
`
`MAG
`
`CRIMINAL COMPLAINT
`
`I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
`
`On or about the date(s) of
`
`April 30, 2018
`
`in the county of
`
`Santa Clara
`
`in the
`
`Northern
`
`District of
`
`California
`
`, the defendant(s) violated:
`
`Code Section
`
`Offense Description
`
`18 U.S.C.§ 1832(a)(1)
`
`Theft of Trade Secrets
`
`This criminal complaint is based on these facts:
`
`See attached affidavit of S/A Eric Proudfoot
`PENALTIES: 10 years imprisonment. $250,000 fine, $100 special assessment, and 3 years' supervised release
`
`Sf Continued on the attached sheet.
`
`Sworn to before me and signed in my presence.
`
`Date:
`
`acts
`
`''s signaliire
`
`Eric M. Proudfoot, Special Agent, FBI
`Printed name and title
`
`Judge's signature
`
`tXMK:
`
`City and state:
`
`San Jose, California
`
`Virginia K, DeMarchi, U.S. Magistrate Judge
`Printed name and title
`
`

`

`, Case 5:18-cr-00312-EJD Document1 Filed 07/09/18 Page 2 of 15
`Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 2 of 15
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`AFFID/.VIT PRESENTED IN SUPPORT FOR A CRIMINAL COMPLAINT
`
`I, Eric M. Proudfoot, Special Agent of the Federal Bureau of Investigation (“FBI”), being
`
`duly sworn, hereby declare as follows:
`
`INTRODUCTION AND AGENT BACKGROUND
`
`1. This affidavit is presented in support of a criminal complaint charging Xiaolang Zhang
`
`(“Zhang”) with the crime oftheft of trade secrets, in violation of Title 18, United States Code,
`
`Section 1832, Theft of Trade Secrets.
`
`2.
`
`lam an “investigative or law enforcementofficer of the United States” within the
`
`meaning of Section 2510(7) of Title 18, United States Code, that is, an officer of the United
`
`States who is empowered by law to conduct investigations of, and to makearrests for, offenses
`
`enumerated in Title 18, United States Code, Section 1832.
`
`3.
`
`Ihave been employed as a Special Agent of the Federal Bureau of Investigation since
`
`March2, 2008, and am currently assigned to the San Francisco Division. While employed by
`
`the Federal Bureau of Investigation, I have investigated federal criminal violations related to
`
`high technology/cybercrime, child exploitation, child pornography, foreign counterintelligence,
`
`and intellectual property crime. I have gained experience through training at the Federal Bureau
`
`of Investigation and everyday work relating to conducting these types of investigations. As a
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`federal agent, I am authorized to investigate violations of United States laws and to execute
`
`warrants issued underthe authority of the United States.
`
`4. Asan FBI agent, I am authorized to investigate violations of United States law and I am a
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`law enforcement officer with the authority to execute warrants issued underthe authority ofthe
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`United States. During my career as a Special Agent of the FBI, I have received training and
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`possess actual experience relating to Federal criminal procedures and Federalstatutes. I have
`
`

`

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`Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 3 of 15
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`also received specialized training and instruction in thefield of investigation in computer-related
`
`crimes. I have had the opportunity to conduct, coordinate, and participate in numerous
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`investigations relating to computer-related crimes. I have participated in the execution of
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`numerous search warrants conducted by the FBI and haveparticipated in the seizure of email
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`accounts and computer systems.
`
`5.
`
`Thefacts in this affidavit are based on mypersonalparticipation in this investigation, my
`
`training and experience, and documents, records, emails, and other types of information obtained
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`during the investigation from other sources and witnesses. The FBI has, thus far conducted
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`interviews and reviewed documentation provided by the victim company, Apple, (“Apple”),
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`which included file listings, closed circuit television images, physical access badge history, and
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`employee agreements. The FBI has also conducted a physical search of ZHANG’s residence,
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`authorized on June 22, 2018, by the Honorable Susan van Keulen, Magistrate Judge, United
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`States District Court, Northern District of California, San Jose Disivison. Becausethis affidavit
`
`is being submitted for the limited purpose of securing a criminal complaint, I have not included
`
`every fact known to me concerningthis investigation. I have set forth only the facts that I believe
`
`are necessary to establish probable cause to believe that evidence ofviolations of U.S. law
`
`occurred. Also, where I refer to conversations and events, I often refer to them in substance and
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`in relevant part rather than in their entirety or verbatim, and figures and calculations set forth in
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`this complaint are approximate, unless otherwise noted.A
`
`APPLICABLE STATUTES
`
`6. The FBIis investigating alleged violations of Title 18, United States Code, Section 1832,
`
`whichstates in part:
`
`(a) Whoever, with intent to convert a trade secret, that is related to a product or
`service used in or intendedforuse in interstate or foreign commerce, to the
`
`

`

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`economic benefit of anyone other than the owner thereof, and intending or
`knowing that the offense will, injure any ownerofthat 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, .
`.
`. downloads, uploads, . .
`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)...
`(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 . . . be fined underthis title or imprisoned not more than 10 years, or both.
`
`.
`
`ENTITIES
`
`7.
`
`Apple, Inc. “Apple” is a technology company headquartered in Cupertino,
`
`California with an annual revenue (in 2017) of $229billion.
`
`8.
`
`Xiaopeng Motors, aka Xpeng Motors, (“XMotors”) is an intelligent electric vehicle
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`company with headquarters in Guangzhou, China, and North American offices located in Palo
`
`Alto, California.
`
`INDIVIDUALS
`
`9.
`
`Xiaolang Zhang (“ZHANG”) is a former Apple employee, working as a hardware
`
`engineer on their autonomous vehicle developmentteam.
`
`ZHANG BACKGROUND
`
`10.
`
`ZHANGwas hired at Apple starting on December 7, 2015, to work on a project to
`
`develop software and hardwarefor use in autonomousvehicles (the Project). Although Apple
`
`has made general statements to the press about being interested in autonomous vehicle
`
`development, the details of Apple’s research and developmentfor the Project is a closely
`
`3
`
`

`

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`guardedsecret that has never been publicly revealed. Most recently, ZHANG worked on the
`
`Compute Team, where he designed andtested circuit boards to analyze sensor data within the
`
`Project. Because ofhis role on the team, ZHANG was granted broad access to secure and
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`confidential internal databases containing trade secrets andintellectual property for the Project.
`
`Amongthese are multiple confidential databases whose names and categories are known to the
`
`government(the “Databases”).
`
`11.
`
`ZHANGtookpaternity (new parent) leave following the birth of his child from April
`
`1 to April 28, 2018, pursuant to Apple’s employee leave policy. While on paternity leave,
`
`ZHANGtraveled with his family to China. On April 30, 2018, shortly after returning from
`
`China, ZHANG metwith his immediate supervisor at Apple, and explained that ZHANG would
`
`be resigning to move back to Chinain orderto be closer to his mother who he stated was in poor
`
`health. As the meeting progressed, ZHANGdisclosed that he intended to work for XMOTORS—
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`a Chinese start-up company focused on electric automobiles and autonomousvehicle technology.
`
`12.
`
`After hearing ZHANG’sintentions and feeling that he had been evasive during their
`
`meeting, ZHANG’ssupervisor asked a representative from Apple’s New Product Security
`
`Division to join the meeting with ZHANG. Atthe conclusion of their meeting, ZHANG was
`
`asked to turn in all Apple-owned devices, and ZHANG wasadvised he would then be walked
`
`off the campus. ZHANGturned over to Apple two (2) Apple iPhones and one (1) MacBook
`
`laptop computer. Apple security then immediately disabled ZHANG’s remote network access,
`
`badgeprivileges, network access, and other employee accesses. ZHANGwasalso reminded
`
`about Apple’s intellectual property policy, and ZHANG acknowledgedthat he understood and
`
`would comply.
`
`

`

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`Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 6 of 15
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`13. On May 1, 2018, Apple New Product Security asked that the internal Apple team
`
`overseeing the confidential Databases where Apple’s materials, including proprietary and
`
`confidential materials, are stored began reviewing ZHANG'shistorical network user activity. At
`
`the same time, an Apple Global Security attorney began a physical security review of ZHANG's
`
`building access and activities on the Apple campus. The Apple security attorney also requested
`
`forensic analysis of ZHANG's Apple-owned devices from Apple Information Security.
`
`14. Apple’s database security team found that in the days just prior to April 30, 2018,
`
`ZHANG’s Apple network activity increased exponentially compared to the prior two years of
`
`his employment. The majority of his activity consisted of both bulk searches and targeted
`
`downloading copious pages of information from the various confidential database
`
`applications. The information contained within the downloading contained trade secret
`
`intellectual property, based on the level of ZHANG’s access within Apple's autonomousvehicle
`
`team.
`
`15. Historical analysis of ZHANG’s networkactivity by Apple Information Security (AIS)
`
`show that with the confidential database A (the name of which is knownto the affiant), ZHANG
`
`generated 581 rowsofuser activity on April 28, 2018 alone. On April 30, 2018, ZHANG
`
`generated 28 rowsofuseractivity. By comparison, ZHANG generated 610 rowsofuseractivity
`
`during the entire previous month. The amountofactivity is unusual for ZHANGgiventhat he
`
`announcedhis resignation on April 30, 2018.
`
`16. AIS historical network activity of ZHANG from confidential database B (database
`
`containing technical documentsfor the Project) reflect 3,390 rows of user activity generated on
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`April 28 and April 29, 2018. By comparison, ZHANGgenerated 1,484 rowsofuseractivity
`
`overthe time period of July 2017 through March 2018. Someof the technical .pdf documents
`
`

`

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`Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 7 of 15
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`downloaded on April 28 and April 29, 2018 include confidential topics such as Prototypes and
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`Prototype Requirements (power requirements, low voltage requirements, battery system,
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`drivetrain suspension mounts, etc.) As noted above, this amount of downloadingactivity is
`
`unusual for ZHANGgivenhis resignation on April 30, 2018.
`
`17. Apple Security’s review of swipe badge access and closecircuit television footage
`
`revealed that ZHANGhad been on Apple's campusat or around 9:14 p.m. on the evening of
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`Saturday, April 28, 2018. CCTV footage showed that ZHANGentered both the autonomous
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`vehicle software and hardwarelabs, andleft the building less than an hourlater carrying a
`
`computer keyboard, somecables, and a large box. ZHANG’s networkactivity, physical
`
`presence on campus, and removal of Apple property all occurred during ZHANG's paternity
`
`leave - contrary to Apple corporate policy. ZHANG’sactivity was particularly alarming to
`
`several groups within Apple’s hierarchy: the New Product Security Division, Apple’s Research
`
`and Development team overseeing the AutonomyProject, and Apple’s Global Security
`
`Investigations Group since it occurred in the few days prior to ZHANG’sresignation from
`
`Apple.
`
`18. The Apple security attorney then contacted Apple Employee Relations on May 1, 2018,
`
`to discuss bringing ZHANGback to Apple for a follow-up interview. ZHANGwascontacted
`
`and replied later in the evening of May1, agreeing to be re-interviewed by Apple.
`
`19. On May2, 2018, ZHANGwasinterviewed a second time by the Apple security
`
`attorney and an Apple employeerelations representative whose identity is known. During the
`
`interview, ZHANGadmitted to pursuing employment with X-Motors whilestill employed at
`
`Apple. ZHANGinitially denied coming onto the Apple campus during his paternity leave and
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`denied removing items that were Apple property. Asthe interview progressed, Apple security
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`

`

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`Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 8 of 15
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`personnel confronted ZHANGverbally, stating that Apple was aware that ZHANGwas,in fact,
`
`on the Apple campus during the evening of April 28, 2018. After being confronted with this
`
`information, ZHANGrecanted his earlier denials and admitted to being present on the Apple
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`campuswhilestill on paternity leave. ZHANG further admitted to taking the online data from
`
`“the Databases” while on paternity leave. ZHANGalso admitted removing items from the
`
`laboratories prior to his paternity leave (including two circuit boards and a Linux server from the
`
`hardware lab). ZHANG?’sreason for these actions were that he took the hardware because he
`
`thought the hardware might benefit him in a new position within Apple. (Prior to taking paternity
`
`leave, ZHANGhad begun negotiations to transfer to a separate proprietary research program at
`
`Apple, but the transfer had never taken place.) ZHANG further explained that he had compiled
`
`and downloaded the data because ZHANGhasan interest in platforms and wantedto study the
`
`data on his own.
`
`20.
`
`ZHANGadmitted to being shown a proprietary chip by colleagues while on campus
`
`during the evening of Saturday, April 28, 2018. Further, ZHANG admitted “air-dropping”the
`
`data he had taken from Apple’s system onto a personally-owned device (a device not owned by
`
`Apple), which ZHANGidentified as his wife’s laptop computer. ZHANGprovided the Apple
`
`interviewers consent to search ZHANG’s wife’s laptop for any Appleintellectual property.
`
`ZHANGalso offered to return the Linux server and circuit boards he had taken from the
`
`hardwarelab.
`
`21. ZHANGdeparted the Apple campus during the May | interview and returned in less
`
`than an hour with the computer ZHANGidentified as his wife’s laptop computer (Subject
`
`Computer), along with a Linux server and the two circuit boards ZHANG had admitted to taking
`
`from Apple. The Apple security attorney and the employeerelations representative performed a.
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`

`

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`Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 9 of 15
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`cursory review of the Subject Computer in ZHANG’s presence for any intellectual property and
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`noted several folders of concern, particularly a folder entitled “RECENT”that contained
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`approximately 40GB worth of data. Additionally, the laptop's system event logs reflected “Air
`
`Drop”activity on both April 29, 2018 and April 30, 2018.
`
`22. Apple security personnel asked ZHANGif he further ex-filtrated or forwarded any of
`
`the data on his wife’s laptop, which ZHANG denied. ZHANG wasadvised that the Apple team
`
`would need to keep the Subject Computerin order to perform a more in-depth search for Apple
`
`intellectual property, to which ZHANGconsented.
`
`23. Apple security personnel has advised the FBI thatat the present time, the Apple Digital
`
`Forensic Investigations team has discovered that approximately 60 percent ofthe data on the
`
`Subject Computer was “highly problematic;” the complete evaluation remains ongoing.
`
`24.
`
`ZHANGwasvoluntarily terminated from Apple effective May 5, 2018 (though his
`
`accesses and permissions had been de-activated since April 30, 2018), and now claims to be
`
`working for XMotorsout of their Mountain View, California location. ZHANG also advised the
`
`Apple investigators that he is planning to move his family to Guangzhou, China in the near
`
`future.
`
`FILES RECOVERED FROM SUBJECT COMPUTER
`
`25. Apple Information Security provided the FBI with a sampleset offiles Apple identified
`
`as belonging to Apple and recovered from the Subject Computer along with technical
`
`descriptions of each file. The information contained in eachfile is largely technical in nature,
`
`including engineering schematics, technical reference manuals, and technical reports.
`
`26. One of these files was identified as by its specific file name (known tothe affiant), and
`
`it is a 25-page pdf documentcontaining electrical schematics for one of the circuit boards that
`
`

`

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`Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 10 of 15
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`form Apple’s proprietary infrastructure technology for the Project. An excerpt of the schematic
`
`showingthe Intellectual Property caveatis included below:
`
`DRAWING TITLE
`
`TABLE OF CONTENTS
`
`1 OF 25
`
`oe-— ‘D
`
`REVISION
`
`NOTICE OF PROPRIETARY PROPERTY:
`
`BRANCH
`
`PROPRIETARY PROPERTY OF APPLE IN
`THE INFORMATION CONTAINED HEREIN|IS THE
`THE POSESSOR AGREES TO THE FOLLOWING:
`| TO MAINTAIN THIS DOCUMENTIN CONFIDENCE
`Il NOT TO REPRODUCE OR COPYIT
`Ill NOT TO REVEAL OR PUBLISH IT IN WHOLE OR PART
`IV ALL RIGHTS RESERVED
`
`PAGE
`
`SHEET
`
`1 OF ? 3
`
`27. The file was only accessible to certain Apple employees that were disclosed on the
`
`Project as described below. This single file serves as the basis for the instant criminal charge.
`
`The Subject Computer is currently in the possession of the FBI, having been seized from Apple
`
`pursuant to a search warrantissued by U.S. Magistrate Judge Susan van Keulen on June 22,
`
`2018.
`
`APPLE’S STEPS TO PROTECTITS INTELLECTUAL PROPERTY
`
`28. Apple goesto great lengths to protect data and intellectual property for the Project. The
`
`Databases are protected by several layers of access control. First, an employee must be logged
`
`into Apple’s virtual private network (VPN). Accounts for VPN are provisioned during the
`
`onboarding process for new hires and controlled via an internal tool. The employee must then
`
`download an internal application and install the VPN. Next, the employee must be granted
`
`“disclosure” for the Project. Disclosure status allows an employee to receive information for the
`
`Project.
`
`

`

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`Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 11 of 15
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`29. Apple uses an internal software tool to manage requests for project disclosure and
`
`maintains a record ofall disclosures. An employee has to be “sponsored” for disclosure on the
`
`Project by someone whois already disclosed. The sponsor will submit a disclosure request on
`
`behalf of the employee through the disclosure tool. The request must include a business
`
`justification for the employee to be granted access. An administrator reviews the request and
`
`approvesor denies it. Approximately 5,000 of Apple’s over 135,000 full time employees are
`
`disclosed on the Project.
`
`30. Not all employees disclosed on the Project are granted access to the Databases. After
`
`receiving disclosure, an employee must also separately request database access, unless they are
`
`designated as a “core employee”for the Project.
`
`31. ZHANGhadcore employee status and access to the Databases because he was working
`
`full time on the Project under the Research and Developmentorganization. Approximately 2,700
`
`employees have access to one or more of the Databases.
`
`32. Apple also goes to great lengths to communicate the importanceof secrecy to its
`
`employees. Before starting at Apple, corporate employees mustsign an Intellectual Property
`
`Agreement(IPA). The IPA specifies that an employee may not use Apple’s intellectual property
`
`except as authorized by Apple, including a prohibition against transfer and transmission of
`
`intellectual property without Apple’s consent.
`
`33. ZHANGsigned an IPA on October 28, 2015. In addition, ZHANG took an annual
`
`Business Conduct course which discussed appropriate handling of confidential material. The
`
`training explained that confidential material includes unannounced product designs and features,
`
`project or producttimelines and staffing, project code names and marketing andfinancial
`
`information, among otherthings.
`
`10
`
`

`

`Case 5:18-cr-00312-EJD Document1 Filed 07/09/18 Page 12 of 15
`Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 12 of 15
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`34. The annual Business Conducttraining also explained that once an employee is formally
`
`disclosed on a project, an employee has authorized awarenessofa confidential project, can
`
`discuss project details with people disclosed on the project, and may be given accessto specific
`
`confidential information or documents. Thetraining stated that being disclosed does not mean an
`
`employee can disclose other people at will.
`
`35. Employees disclosed on the Project must also attend an in-person secrecytraining for
`
`the Project. ZHANG attendedthe secrecy training on December 9, 2015. The training covered
`
`the importance of keeping the nature and the details of the Project secret and avoiding intentional
`
`or unintentional information leaks. The training reviewed methods for ensuring information
`
`about the project is only provided to individuals disclosed on the project, the fact that family
`
`members should not have access to information about the Project, as well as possible
`
`consequencesfor providing information or confirmation ofinformation to non-disclosed
`
`individuals, including employmenttermination. The training also covered Apple’s policy
`
`prohibiting employees from storing IP on devices over which they do not have personalcontrol,
`
`and requirements for storing and transmitting Project documents using secure mechanisms.
`
`INTERVIEW OF ZHANG BY FBI AGENTS
`
`36. ZHANGwasinterviewed by Agents from the FBI on June 27, 2018, at the time of an
`
`execution of a Federal search warrant at his residence. ZHANGadmitted to taking files from
`
`the Project, and further admitted to transferring these files to a non-Apple digital device,
`
`described by ZHANGashis wife’s laptop computer (Subject Computer). ZHANGtold the
`
`Agents that because he neededto turn-in his Apple-owned laptop upon resignation, he
`
`transferred the files to Subject Computer for access in the future.
`
`11
`
`

`

`Case 5:18-cr-00312-EJD Document1 Filed 07/09/18 Page 13 of 15
`Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 13 of 15
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`ZHANG'S INTERNATIONAL TRAVEL PLANS
`
`37. On July 7, 2018, FBI Agents learned that ZHANG purchaseda last-minute round-trip
`
`airline ticket with no co-travelers, departing San Jose, California on July 7, 2018 traveling to
`
`Beijing, China with a final destination of Hangzhou, China aboard Hainan Airlines. Agents
`
`intercepted ZHANGat the San Jose International Airport after he had passed through the
`
`security checkpoint of Terminal B, where he wasarrested by federal agents without incident
`
`based on probable cause to believe that he had committed theft of trade secrets in violation of 18
`
`U.S.C. § 1832.
`
`CONCLUSION
`
`38. Through mytraining and experience as an FBI Agent, I believe that ZHANG usedhis
`
`employmentas an Apple employee, working on a secretive program, to obtain intellectual
`
`property and trade secrets from Apple prior to resigning from Apple. ZHANG admitted both to
`
`Apple and to the FBI to taking Apple’s data and admitted “air-dropping”this information onto
`
`Subject Computer. Subject had received initial Intellectual Property training and annualtraining
`
`thereafter which would have prohibited such behavior. Further, ZHANG signed an Intellectual
`
`Property Agreement on October 28, 2015, indicating that ZHANGunderstoodhis
`
`responsibilities and would abide by Apple’s policies.
`
`39. Based upon the foregoing, my training and experience, and the training and experience
`
`of agents and investigators involved in this investigation, I believe that there is probable cause to
`
`believe that ZHANG has committed the crimeof theft of trade secrets in violation of Title 18,
`
`United States Code Section 1832.
`
`12
`
`

`

`_
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`Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 14 of 15
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`
`
`ERIC M. PROUDFOOT
`Special Agent
`Federal Bureau of Investigation
`
`Sworn to before methis Fhday of July, 2018
`
`HONORABLEVIRGINIA K. DeMARCHI
`United States Magistrate Judge
`
`13
`
`

`

`AO 257 (Rev.6/78)
`
`Case 5:18-cr-00312-EJD Document1 Filed 07/09/18 Page 15 of 15
`Case 5:18-cr-00312-EJD Document 1 Filed 07/09/18 Page 15 of 15
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`DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION- IN U.S. DISTRICT COURT
`
`By:[X]comptaint [J INFoRMATION LC] INDICTMENT
`
`
`
`NameofDistrict Court, and/or Judge/Magistrate Location
`
`L] sUPERSEDING
`NORTHERN DISTRICT OF CALIFORNIA
`OFFENSE CHARGED
`
`
`
`
`Count One: 18 U.S.C. § 1832(a)(1) - Theft of Trade Secrets
`
`DEFENDANT- U.S
`
`SAN JOSE DIVISION
`
`
`
`> XIAOLANG ZHANG
`
`
`10 years imprisonment, $250,000fine,
`PENALTY:
`$100 special assessment,3 years’ supervised release
`
`
`
`
`
`DISTRICT COURT NUMBER
`
`
`
`
`
`
`PROCEEDING
`
`Name of Complaintant Agency, or Person (& Title, if any)
`
`Eric M. Proudfoot, FBI
`0 person is awaiting trial in another Federal or State Court,
`give name of court
`
`this person/proceeding is transferred from anotherdistrict
`LO per(circle one) FRCrp 20, 21, or 40. ShowDistrict
`
`* DEFENDANT
`
`IS NOTIN CUSTODY
`Has not been arrested, pending outcomethis proceeding.
`1) [_] If not detained give date anyprior
`summons was served on above charges
`
`2) [_] Is 4 Fugitive
`
`FILED
`3) [-] Is on Bail or Release fromJury District)
`JUL 09 2018
`BSSAN ¥. 800
`IS IN CUSTODYNORTHERNDisracroyoOuAT
`AKU
`NG
`SAN JoseCALIFORNIA
`
`4) [x] On this charge
`
`this is a reprosecution of
`Ol charges previously dismissed
`which were dismissed on motion
`of
`
`| U.S.ATTORNEY
`
`LE] DEFENSE \
`
`this prosecution relates to a
`pending case involving this same
`defendant
`
`prior proceedings or appearance(s)
`before U.S. Magistrate regarding this
`defendant were recorded under
`
`SHOW
`DOCKET NO
`
`MAGISTRATE
`CASE NO
`
`5) [_] On another conviction
`
`} [|] Federal
`
`[_] State
`
`8) [_] Awaiting trial on other charges
`If answerto (6) is "Yes", show name ofinstitution
`
`Has detainer L_] Yes
`beenfiled? CO No
`DATE OF
`[>
`ARREST
`
`lf "Yes"
`
`} give date
`filed
`Month/Day/Year
`July 7, 2018
`
`Or... if Arresting Agency & Warrant were not
`
`Name and Office of Person
`Furnishing Information on this form
`
`ALEX G. TSE, Acting
`
`DATE TRANSFERRED
`TO U.S. CUSTODY
`
`Month/Day/Year
`
`[x] U.S. Attorney []] Other U.S. Agency
`
`[| This report amends AO 257 previously submitted
`
`
`PROCESS:
`
`
`
`[_] WARRANT
`
`Bai! Amount:
`
`Name of Assistant U.S.
`Attorney(if assigned)
`Amie D. Rooney
`ADDITIONAL INFORMATION OR COMMENTS
`
`
`NO PROCESS*
`[| SUMMONS
`
`If Summons, complete following:
`* Where defendant previously apprehended on complaint, no new summons or
`[_] Arraignment
`[_] Initial Appearance
`
`warrant needed, since Magistrate has scheduled arraignment
`Defendant Address:
`
`
`
`
`
`Date/Time:
`
`Before Judge:
`
`
`
`Comments:
`
`
`

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