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ARTICLE · 14 JULY 2014

ANOTHER WIN FOR ALEYNIKOV: Judge Tosses Evidence In Ex-Programmer’s Latest Case

Judge Ronald A. Zweibel of the New York Supreme Court has thrown out a raft of evidence originally gathered by the FBI for federal prosecution.

United StatesIntellectual Property

Sergey Aleynikov fought the law, and the law lost—again.

Judge Ronald A. Zweibel of the New York Supreme Court has thrown out a raft of evidence originally gathered by the FBI for federal prosecution and later offered by state authorities attempting to prosecute Aleynikov for trade secrets theft. Finding no probable cause for Aleynikov's original arrest, the court also faulted the feds for turning evidence over to the Manhattan district attorney instead of giving it back to Aleynikov.

Originally convicted in federal court in December 2010 and sentenced to more than eight years in federal prison in March 2011, Aleynikov spent a year in custody before the Second Circuit overturned his conviction on jurisdictional grounds. Trade Secrets Watch previously covered the legislative fix that the appellate court's decision prompted, along with a New Jersey district court's later order to Goldman Sachs to pay Aleynikov's attorney fees.

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