A federal appeals court on Friday reversed the conviction of a former
Goldman Sachs programmer on charges he stole computer code, ordering an
acquittal in a case that tested the boundaries of what can be considered
a crime as companies seek to protect their intellectual property from
competitors.
The unusually speedy mandate from the 2nd U.S. Circuit Court of Appeals
in Manhattan will result in freedom for Sergey Aleynikov, of North
Caldwell, N.J. He has been in prison since he was sentenced in March to
more than eight years in prison. He was convicted in December 2010 of
stealing trade secrets and transporting stolen property in interstate
and foreign commerce.
A three-judge appeals panel heard arguments on Thursday, but the judges
gave no indication that they would reverse the lower court hours later
with a terse, one-paragraph order. The 2nd Circuit said it would issue a
written ruling "in due course" to explain its decision.
Aleynikov's attorney, Kevin Marino, said he spoke with his client
Friday. He said Aleynikov reacted by concluding: "There is justice in
the world."
"I could not be happier," Marino said. "It's justice because Sergey
Aleynikov did not commit either of the crimes with which he was charged.
The government's attempt to stretch this criminal federal statute
beyond all recognition resulted in a grave injustice that put Sergey
Aleynikov in prison for a year."
In arguments before the 2nd Circuit on Thursday, Marino called it
"ridiculous" and "preposterous" that his client was facing eight years
in prison because he was found to have information that was not a
product that Goldman Sachs sold in interstate and foreign commerce. A
prosecutor had asked the court to uphold the conviction, saying
protection of trade secrets was the only way companies could retain
their technological advantages.
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