Former Goldman programmer fails, again, to toss theft conviction

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Former Goldman programmer fails, again, to toss theft conviction
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A New York state appeals court on Tuesday refused to toss out a former Goldman S...

NEW YORK - A New York state appeals court on Tuesday refused to toss out a former Goldman Sachs Group Inc computer programmer’s theft conviction, rejecting his claim that he was wrongly prosecuted twice for the same conduct.

The decision by the Appellate Division in Manhattan may be the last in the decade-long legal odyssey of Sergey Aleynikov, 49, who was first arrested in July 2009 for copying Goldman’s high-frequency trading code as he prepared to join a Chicago startup. “Accordingly, there was no double jeopardy bar to the state prosecution,” the Appellate Division said.

“It’s not the end of line,” Marino said. “We believe the court misinterpreted New York’s double jeopardy statute. He was convicted of making a tangible copy after the 2nd Circuit acquitted him of making a tangible copy.”A New York state trial judge sentenced Aleynikov to time served last October, after the Appellate Division in 2017 reinstated the second of his two criminal convictions.

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