> In late 2017, GE discovered he had saved about 400
files on his desktop computer using encryption software
not used by the company
Encrypting personal file on your laptop is probably an improper use of the company resources. But this might not be necessarily criminal. What if the guy had only encrypted his vacation pictures ?
However, you can not just go and say "Hey can you decrypt these files for us" because he will understand he got caught and can argue that he encrypted them but that was for additional safety, and it did not send or sold them.
So you want to caught him sending the data out of the company to be sure to indict/convict him. And that's what they did.