NY appeals court orders NJ programmer's acquittal

Recent Cases

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.

Related listings

  • Web sites need not check for IP breaches

    Web sites need not check for IP breaches

    Recent Cases 02/16/2012

    A European Union court ruled Thursday that social networking sites cannot be compelled to install general filters to prevent the illegal trading of music and other copyrighted material. The decision is a victory for operators of social networking sit...

  • Italian court convicts 2 in asbestos-linked deaths

    Italian court convicts 2 in asbestos-linked deaths

    Recent Cases 02/13/2012

    An Italian court Monday convicted two men of negligence in some 2,000 asbestos-related deaths blamed on contamination from a construction company, sentencing each of them to 16 years in prison and ordering them to pay millions in what officials calle...

  • Group wants Supreme Court to save war memorial

    Group wants Supreme Court to save war memorial

    Recent Cases 02/09/2012

    Supporters of a war memorial cross deemed unconstitutional last year by a federal court plan to ask the Supreme Court to reverse the decision, amid a growing fight nationwide over the use of religious symbols to honor fallen troops. A nonprofit legal...

Victorville CA DUI Lawyers - Drunk Driving Defense Attorney

The outcome of a Victorville CA DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.

If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case.

Business News

Surry County Criminal Defense Lawyers. At DiRusso & DiRusso, we have the legal knowledge and experience to protect you. >> read
Canton, MI Criminal Law Attorney Rita White is a metro Detroit area attorney with a focus on criminal defense. >> read