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Featured Case

Theft of Goldman Sachs Source Code; The Prohibition of Double Jeopardy Did Not Preclude the Prosecution Under a State Statute After Defendant’s Conviction Under a Federal Statute Was Reversed; The State Statute Included an Element Not Included in the Federal Statute

The First Department determined defendant’s prosecution for unlawful use of secret scientific material did not violate the prohibition against double jeopardy. Defendant, while working for Goldman Sachs, had uploaded source code to a server in Germany. He was first charged under a federal statute, the National Stolen Property Act (NSPA). The Second Circuit reversed the NSPA conviction. The state statute under which defendant was subsequently prosecuted, unlike the federal statute, included tangible electronically reproduced material, and the source code reproduced on the German server met that criteria. People v Aleynikov, 2019 NY Slip Op 07211, First Dept 10-18-19

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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.