A former Goldman Sachs programmer who won reversal of a federal conviction for stealing internal code from the bank asked a New York judge to dismiss state charges against him based on the same allegations.
Bloomberg reports that at a hearing last week in New York State Supreme Court in Manhattan, Kevin Marino, an attorney for Sergey Aleynikov, asked Justice Ronald Zweibel to dismiss the charges, arguing that Aleynikov had the right to copy the code and that the charges are barred by the state’s double-jeopardy statute as well as the Fifth Amendment of the U.S. Constitution.
Aleynikov, 42, was charged in August by the Manhattan District Attorney’s Office and indicted the following month on two counts of unlawful use of scientific material and one count of unlawful duplication of computer-related material. He has pleaded not guilty.
'The reality is Sergey Aleynikov has suffered enough', Marino said in court. 'He has been punished enough'.
Aleynikov, a naturalized U.S. citizen born in Russia, was freed from federal prison in New Jersey in February after a U.S. appeals court reversed his December 2010 conviction for stealing the bank’s trading code, saying the two laws that prosecutors used to charge Aleynikov - the National Stolen Property Act and the Economic Espionage Act - didn’t apply to his case.
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