When it becomes a criminal matter
The federal Economic Espionage Act makes the theft of trade secrets a crime, with a separate and more serious offense when the theft is meant to benefit a foreign government or those acting for it. Investigations are usually led by the FBI and prosecuted by the Department of Justice, and states have their own criminal laws in this area. Criminal cases center on what the person knew and intended, which is a different question from the ordinary civil dispute over whether information was confidential or just general skill. The same facts can produce both a criminal case and a civil lawsuit, and the two may run at the same time.
For a company that discovers it
Reporting to law enforcement can bring tools a civil plaintiff lacks, such as search warrants, but the company gives up control over the pace and direction of the case. Before reporting, preserve the evidence and document what was taken, and decide with counsel whether a civil action, a referral, or both make sense. Avoid self-help such as accessing the suspect's personal devices or accounts. Expect investigators to ask how the company protected the information, since that shapes whether it qualifies as a trade secret at all. A company that reports should also be ready for its own documents and employees to become part of the record.
If you are under investigation
A visit or call from an agent is a moment to stop and speak with a lawyer before answering questions. Telling an agent something you know to be false is a separate federal crime, and destroying files or devices can lead to obstruction charges, so preserve what you have. Do not contact the company or former colleagues about the matter yourself. Civil demands from the former employer may arrive at the same time, and what you say in one track can be used in the other. If you are not a US citizen, raise that early, because the consequences can extend to immigration status. In a suspected theft matter, we sort through what has happened, what each side may hold, and how to handle both tracks together.
