* Blackstonetoday.blogspot.com
COMMENTARY ON LAWYERING, LANGUAGE, AND POLITICS
Monday, July 6, 2015
Conviction of Former Goldman Sachs Programmer Overturned - Again
When the Rules of Professional Conduct talk about zeal, diligence, loyalty, competence it is abstract. To see what it means in practice look at five member firm defense lawyer Kevin Marino's representation of Sergei Aleynikov against the United States, the State of New York, and Goldman Sachs. - gwc
Kevin H. Marino pumped his fist in the air in celebration. Then Mr. Marino, a New Jersey lawyer with a linebacker’s build, turned to his longtime client, Sergey Aleynikov, and gave Mr. Aleynikov, a former Goldman Sachs programmer, a bear hug and a hearty pat on the back.
Just moments earlier, a clerk in State Supreme Court in Manhattan had given Mr. Marino a copy of the judicial ruling that overturned Mr. Aleynikov’s conviction on a charge that he stole confidential computer code for Goldman Sachs’s high-speed trading business.
The clerk, saving Mr. Marino from having to thumb through the 72 pages to learn what Justice Daniel P. Conviser had ruled, simply whispered congratulations to the lawyer. For Mr. Aleynikov, 45, and Mr. Marino, it appeared to be the end of a six-year legal odyssey through the federal and state court systems in New York.
But the celebration may not last long. State prosecutors in Manhattan have already indicated they may appeal the decision issued Monday, which threw out a jury’s verdict.
Once before, Mr. Aleynikov had believed he was in the clear, when a federal appeals court overturned his convictionunder a federal corporate espionage law in 2012. The appellate court ruled that federal prosecutors in Manhattan had misapplied the law, and it ordered Mr. Aleynikov to be immediately released from a federal prison.
Less than a year later, however, Mr. Aleynikov was back in court defending himself, after state prosecutors in Manhattan charged him with violating state computer-theft-related laws.
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