February 20th, 2012, 2:38 am
A couple of useful links for those following this closely.Here is the single page reversal:Aleynikov Decision February 16, 2012"Upon due consideration, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of conviction is REVERSED on both counts and the matter is remanded to the district court for entry of a judgment of acquittal. An opinion shall follow in due course. The mandate shall issue forthwith."The judgment was just entered on Feb 16 and the full legal opinion will follow. (Naturally, they do not waste any time in letting you go, when this is the outcome.)Here is a key document submitted by Aleynikov's legal team at the end of January 2011: (note: not January 2012, so a year passes in the mean time).REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF POST-TRIAL MOTIONS OF DEFENDANT SERGEY ALEYNIKOV FOR A JUDGMENT OF ACQUITTAL PURSUANT TO FED. R. CRIM. P. 29 OR, IN THE ALTERNATIVE, A NEW TRIAL PURSUANT TO FED. R. CRIM. P. 33These are the sections from the Table of Contents, to give you the quick version:LEGAL ARGUMENT .....................................................................................................................3..I... THE GOVERNMENT HAS FAILED TO REFUTE THAT THE GOLDMANTRADING SYSTEM WAS NOT A PRODUCT PRODUCED FOR OR PLACEDIN INTERSTATE OR FOREIGN COMMERCE AND THAT THERE WAS NOEVIDENCE PRESENTED THAT IT WAS........................................................................3..II... THE GOVERNMENT HAS FAILED TO ESTABLISH THAT ITINTRODUCED ANY EVIDENCE OF A MARKET FOR THE SOURCE CODEALEYNIKOV WAS CHARGED WITH HAVING STOLEN. ..........................................6..III... THE GOVERNMENT HAS FAILED TO POINT TO ANY EVIDENCE THATALEYNIKOV INTENDED TO CONVERT GOLDMAN'S SOURCE CODE TOHIS OR ANOTHER'S ECONOMIC BENEFIT OR THAT HE INTENDED TOOR COULD INJURE GOLDMAN. ....................................................................................8..IV... THE GOVERNMENT HAS FAILED TO REFUTE THAT THE EVIDENCEADMITTED AT TRIAL MADE IT IMPOSSIBLE FOR ANY RATIONALJURY TO FIND ALEYNIKOV GUILTY ON ITS CORE THEORY. .............................14..V... THE GOVERNMENT HAS FAILED TO COUNTER ALEYNIKOV'SSHOWING THAT THE COURT ERRED BY CLOSING THE COURTROOMAND IN THE MANNER IN WHICH IT CARRIED OUT THOSE CLOSINGS. ...........17..VI... ALEYNIKOV IS ENTITLED TO A NEW TRIAL BECAUSE THE COURTERRED IN PRECLUDING HIM FROM QUESTIONING SPECIAL AGENTMICHAEL MCSWAIN REGARDING STATEMENTS MADE TO HIM BYGOLDMAN EMPLOYEES DURING HIS INVESTIGATION. ......................................18..VII... THE GOVERNMENT HAS NOT CONTRADICTED THE SHOWING THATTHE COURT ERRED BY DENYING ALEYNIKOV ACCESS TO THEENTIRE TRADING SYSTEM AND THEN PERMITTING THEGOVERNMENT TO INTRODUCE EVIDENCE REGARDING PORTIONS OFTHE SYSTEM TO WHICH ACCESS WAS DENIED. ...................................................20..VIII... THE GOVERNMENT HAS FAILED TO REFUTE THAT A NEW TRIAL ISWARRANTED BECAUSE IT IMPROPERLY ASSERTED DURINGSUMMATION THAT ALEYNIKOV LIED ABOUT HIS SALARY. ............................21..IX... THE GOVERNMENT HAS FAILED TO REFUTE THAT THE COURTERRED BY PREVENTING DEFENSE COUNSEL FROM TALKING ABOUTCIVIL REMEDIES DURING HIS OPENING AND FROM EXPLORING THEISSUE AT TRIAL. ............................................................................................................24X... THE COURT WENT BEYOND THE BOUNDS OF JUDICIAL PROPRIETYWHEN (I) IT SUSTAINED WITHOUT EXPLANATION GOVERNMENTOBJECTIONS UNACCOMPANIED BY A SPECIFIC GROUND; (II)REFUSED TO GRANT ANY DEFENSE SIDEBAR REQUESTS WHILEGRANTING THOSE OF THE GOVERNMENT; AND (III) REFUSED TOPERMIT ALEYNIKOV TO DISPLAY DURING SUMMATION TRANSCRIPTPAGES DEPICTING OVERRULED OBJECTIONS. ......................................................25..XI... THE GOVERNMENT OFFERS NO NEW ARGUMENT AS TO SEVERAL OFALEYNIKOV'S GROUNDS FOR A JUDGMENT OF ACQUITTAL OR ANEW TRIAL, ALL OF WHICH SHOULD BE GRANTED. ...........................................27**To see further documents as they are issued in the future (e.g. the opinion), enter this into search:The case is "U.S. v. Aleynikov, 1:10-cr-00096, U.S. District Court, Southern District of New York"For the bureaucratic questions on how did this conviction happen in the first place, here is an overview of The Computer Fraud and Abuse Act of 19841984 - good year for such a thing.Cornell Law School has that Act in full text on its Legal Information Institute site; here is part of the section relevant to this case:18 USC § 1030 - Fraud and related activity in connection with computersRather dry reading, of course.
Last edited by
Platinum on February 19th, 2012, 11:00 pm, edited 1 time in total.