Who is Linwei Ding? Charges explored as Google employee arrested for theft

38-year-old Linwei Ding, a former software engineer at Google, is now accused of stealing artificial intelligence trade secrets from the tech giant while secretly working for two PRC-based (People's Republic of China) technology companies, as per CNN.

A press release by the U.S. Department of Justice stated that Linwei, who also goes by Leon Ding, was employed as a software engineer by Google in 2019. His responsibilities included developing the software deployed in the company's supercomputing data centers, which gave him access to confidential information related to the hardware infrastructure, the software platform, and the AI models and applications they supported.

According to the press release, on March 5, 2024, Linwei Ding, a national of the People's Republic of China and resident of Newark, California, was charged with four counts of theft of trade secrets by a federal grand jury.

---

Linwei Ding allegedly started covertly uploading trade secrets in May 2022

The press release by the U.S. Department of Justice also stated that Linwei Ding's indictment was announced by Attorney General Merrick B. Garland in a fireside chat at the American Bar Association's 39th National Institute on White Collar Crime in San Francisco. The former Google employee was apprehended in Newark. Attorney General Garland said:

"The Justice Department will not tolerate the theft of artificial intelligence and other advanced technologies that could put our national security at risk. In this case, we allege the defendant stole artificial intelligence-related trade secrets from Google while secretly working for two companies based in China. We will fiercely protect sensitive technologies developed in America from falling into the hands of those who should not have them."

As per the press release, the indictment stated that on May 21, 2022, Linwei Ding allegedly started secretly uploading trade secrets that were stored in Google's network by copying the information into a personal Google Cloud account.

He reportedly continued recurring uploads until May 2, 2023, and by then had allegedly uploaded over 500 unique files containing confidential information. Deputy Attorney General Lisa Monaco noted:

"While we work to responsibly harness the benefits of AI, the Justice Department is on high alert to its risks, including global threats to our national security. As alleged in today's charges, the defendant stole from Google over 500 confidential files containing AI trade secrets, while covertly working for China-based companies seeking an edge in the AI technology race. The Justice Department will relentlessly pursue and hold accountable those who would siphon disruptive technologies – especially AI – for unlawful export."

The U.S. Department of Justice reported that, as per court documents, the technology allegedly stolen by Linwei Ding involves the building blocks of the tech giant's advanced supercomputing data centers, which are designed to support machine learning workloads used to train and host large AI models.

The indictment stated that those large AI models are AI applications that can understand nuanced language and generate intelligent responses to prompts, tasks, or queries.

---

Linwei Ding founded his own technology company in May 2023

The press release by the U.S. Department of Justice stated that, as per the indictment, while Linwei Ding was secretly affiliated with two PRC-based technology companies, on or about June 13, 2022, he received multiple emails from the CEO of an early-stage technology company based in the PRC, where he was offered the position of Chief Technology Officer for the company.

On October 29, 2022, he reportedly visited the PRC and stayed there until March 25, 2023. During this time, he engaged in investor meetings to raise capital for a new company. The indictment mentioned that potential investors were allegedly informed that the former Google employee was the new company's Chief Technology Officer and owned 20% of the company’s stock.

U.S. Attorney Ismail Ramsey noted:

"By stealing Google’s trade secrets about its artificial intelligence supercomputing systems, Ding gave himself and the companies that he affiliated with in the PRC an unfair competitive advantage. This office is committed to protecting the innovation of our Silicon Valley companies. To that end, we will aggressively investigate and prosecute the theft of sensitive trade secrets by insiders like Ding, including criminal efforts to jump start illegitimate competition."

According to the press release by the U.S. Department of Justice, without informing his former company, by no later than May 30, 2023, Linwei Ding founded his own technology company in the AI and machine learning industry, where he was the CEO.

He also allegedly applied to a PRC-based startup incubation program and visited Beijing to pitch his company at an investor conference on November 24, 2023. As per the indictment, Linwei's alleged conduct violated his employment agreement along with a separate code of conduct that he signed when he started as a Google employee. He also allegedly started to cover up his theft of the trade secrets.

The U.S. Department of Justice stated that in December 2023, Linwei Ding allegedly permitted another Google employee to use his Google-issued access badge to scan into the entrance of a Google building, which made it seem that he was working from his U.S. office when he was actually in the PRC. The Federal Bureau of Investigation and Commerce Department are in charge of the investigation of the case.

If convicted, Linwei Ding faces a maximum penalty of 10 years in prison and up to a $250,000 fine for each count.