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Court Reinstates Conviction of Ex-Goldman Programmer

January 25, 2017

[Photo:  by Jefferson Siegel  /  NYDailyNews]

 

One week after the courts rejected Sergey Aleynikov’s request to have Goldman Sachs pay his $7 million in legal fees, the former Goldman programmer learned that a state appeals court voted 5-0 to reinstate his May 2015 conviction. Aleynikov, accused of stealing some HFT (high-frequency trading) code from the Goldman, has twice been convicted on charges related to the theft - once in federal court and again in state court.

 

Twice those convictions were overturned. Manhattan DA Cyrus Vance appealed the last court decision, which ended with Tuesday unanimous decision. Immediately, Aleynikov’s lawyer, Kevin Marino, told The Post that he plans to appeal.

 

Aleynikov worked at Goldman Sachs writing HFT code until 2009, when he left to take a similar job at Chicago-based Teza Technologies. On his way out the door at Goldman, Aleynikov made a copy of the bank’s source code and uploaded it onto a server outside of the bank’s network. Aleynikov, who served 11 months in prison before his first conviction was overturned, helped inspire Michael Lewis’ 2014 best-seller, “Flash Boys.”

 

Vance immediately jumped into the case — and a Manhattan jury convicted Aleynikov on one of three counts of theft. The trial judge voided the verdict. Marino is confident his fight will ultimately prevail.