Former Goldman Sachs programmer Sergey Aleynikov has just received a second overturned conviction, this time at the state level, in New York. It comes three years after he had a federal conviction reversed.
Aleynikov was originally charged and found guilty of corporate espionage. When the federal conviction against him was thrown out in 2012, Aleynikov was a year into what was to have been an 8 year sentence. Six months after his release, New York State brought charges against him.
Aleynikov was originally arrested for stealing computer code on his last day of employment with the investment behemoth in 2009. The code was a program for high-frequency trading. In his ruling, New York State Supreme Court Justice Daniel Conviser justified his ruling by saying that prosecutors failed to demonstrate that Aleynikov made a tangible copy of the code in question.
Aleynikov and his lawyers have continuously argued the position that he did violate the confidentiality agreement with Goldman Sachs. They don’t deny their clients wrongdoing, but rather have asserted that the case belongs in a civil court, not a federal or state court. Prosecutors have said that the case should be of concern to any company concerned with the protection of their intellectual property.
The Manhattan District Attorney’s office is making a determination as to whether or not to appeal the case. The ruling was able to be overturned in the first place because New York state law provides an allowance for judges to reverse the decisions made by juries in certain cases.
Whether you have just been accused of a crime or you are immersed in the appeals process, having an experienced criminal lawyer to advocate for you at every stage of the legal process is the best way to ensure that justice is served.
www.miamiherald.com “Court overturns ex-Goldman Sachs programmer’s conviction,” via AP 7 July 2015