> ... The defendant turned over the data before his resignation ...

The FBI affidavit contends Tan deleted the confidential data before leaving the U.S. company, not that he turned the thumb drive over to them. The charges suggest Tan kept the drive after leaving the company, though the article doesn't say so explicitly.

Correction: The affidavit does say Tan turned the drive over to them, and of his own initiative, after he was escorted from the company's premises. See paragraph 17 of the affidavit that user baybal2 links to below.