The former Goldman Sachs programmer twice charged with stealing the company’s high-speed trading code on his last day of work scored a pre-trial victory last week, as a New York judge ruled his arrest was illegal and threw out some of the evidence against him.
Bloomberg News reports that Sergey Aleynikov, 44, a naturalized U.S. citizen born in Russia, whose case was the inspiration for Michael Lewis’s best-seller 'Flash Boys', is fighting charges in state court after his federal conviction was overturned.
Physical evidence seized after Aleynikov’s arrest, including computer hardware containing the allegedly stolen code, can’t be used at his trial, New York State Supreme Court Justice Ronald Zweibel in Manhattan ruled yesterday. He also barred prosecutors from using Aleynikov’s statements to FBI agents after his July 3, 2009, arrest at Newark Liberty International Airport in New Jersey.
'I think the D.A. has to confront the possibility that this case has fallen to pieces and it’s going to be very difficult to bring it based on upon whatever evidence remains', Anthony Sabino, a law professor at the Peter J. Tobin College of Business at St. John’s University in Queens, New York, said in a phone interview.
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