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Former Goldman Sachs Programmer Back To Court

Sergey Aleynikov is set to go back to court. Aleynikov was previously a programmer for Goldman Sachs who was tried and convicted of theft of trade secrets in federal court – a conviction that was overturned on appeal. Now Aleynikov is facing charges under New York State law for the same actions that were ruled legal by the appeals court.

A former Goldman Sachs Group Inc computer programmer indicted on charges of stealing trade secrets has rebuffed a plea offer that would keep him out of prison, his lawyer said on Thursday.

Sergey Aleynikov, 42, was formally indicted Thursday on New York state criminal charges of stealing proprietary trading code from the bank. The indictment is the latest development in a years-long legal battle between Aleynikov and federal and state prosecutors.

The Manhattan District Attorney is apparently auditioning for Wall Street offering a truly bizarre deal for someone bringing a case that was already invalidated in federal court.

Manhattan Assistant District Attorney Joanne Li told State Supreme Court Justice Ronald Zweibel that her office had offered Aleynikov a sentence of time served in exchange for a guilty plea. Under the proposed deal, he would not have to serve additional prison time beyond the roughly one year he already served following his conviction on federal charges.

Aleynikov’s lawyer, Kevin Marino, said his client had rejected the offer. Marino told the judge he would move to dismiss the case based on double jeopardy – prosecution twice for the same offense – and accused state prosecutors of having “no sense of decency.”

So a penalty of… nothing? Just a guilty plea despite a federal appellate court siding with Aleynikov? What is the point? Is this an attack on Mr. Aleynikov for offending the executives of Goldman Sachs with his legal transgression or something more devious? Is Assisant DA Li seeking to curry favor with the financial services industry on the back of Aleynikov to forward her career?

These questions remain unanswered for now as Aleynikov has plead not guilty and cited Double Jeopardy as a defense – being tried for the same crime twice. Apparently the rich not only get to walk free from justice but their enemies get maliciously prosecuted, twice.

CommunityThe Bullpen

Former Goldman Sachs Programmer Back To Court

Sergey Aleynikov is set to go back to court. Aleynikov was previously a programmer for Goldman Sachs who was tried and convicted of theft of trade secrets in federal court – a conviction that was overturned on appeal. Now Aleynikov is facing charges under New York State law for the same actions that were ruled legal by the appeals court.

A former Goldman Sachs Group Inc computer programmer indicted on charges of stealing trade secrets has rebuffed a plea offer that would keep him out of prison, his lawyer said on Thursday.

Sergey Aleynikov, 42, was formally indicted Thursday on New York state criminal charges of stealing proprietary trading code from the bank. The indictment is the latest development in a years-long legal battle between Aleynikov and federal and state prosecutors.

The Manhattan District Attorney is apparently auditioning for Wall Street offering a truly bizarre deal for someone bringing a case that was already invalidated in federal court.

Manhattan Assistant District Attorney Joanne Li told State Supreme Court Justice Ronald Zweibel that her office had offered Aleynikov a sentence of time served in exchange for a guilty plea. Under the proposed deal, he would not have to serve additional prison time beyond the roughly one year he already served following his conviction on federal charges.

Aleynikov’s lawyer, Kevin Marino, said his client had rejected the offer. Marino told the judge he would move to dismiss the case based on double jeopardy – prosecution twice for the same offense – and accused state prosecutors of having “no sense of decency.”

So a penalty of… nothing? Just a guilty plea despite a federal appellate court siding with Aleynikov? What is the point? Is this an attack on Mr. Aleynikov for offending the executives of Goldman Sachs with his legal transgression or something more devious? Is Assisant DA Li seeking to curry favor with the financial services industry on the back of Aleynikov to forward her career?

These questions remain unanswered for now as Aleynikov has plead not guilty and cited Double Jeopardy as a defense – being tried for the same crime twice. Apparently the rich not only get to walk free from justice but their enemies get maliciously prosecuted, twice.

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Jane Hamsher

Jane Hamsher

Jane is the founder of Firedoglake.com. Her work has also appeared on the Huffington Post, Alternet and The American Prospect. She’s the author of the best selling book Killer Instinct and has produced such films Natural Born Killers and Permanent Midnight. She lives in Washington DC.
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