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ARTICLE · 08 JULY 2015

Flash Boy's Conviction Thrown Out—Again

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In a stunning victory for the former Goldman Sachs programmer, New York State Justice Daniel Conviser threw out Sergey Aleynikov's jury conviction on state law charges that he stole intellectual property from Goldman.

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In a stunning victory for the former Goldman Sachs programmer, New York State Justice Daniel Conviser threw out Sergey Aleynikov's jury conviction on state law charges that he stole intellectual property from Goldman. Trade Secrets Watch has extensively covered this story, most recently reporting the start of Aleynikov's new trial, but missing out on a (later-dismissed) juror's tale of an errant avocado.

In May, the apparently confused jury convicted Aleynikov of one count of unlawful use of secret scientific material—while deadlocking on a second count of the same crime—and acquitted him of one count of unlawful duplication of computer-related material. The jury's seeming befuddlement was evidenced not only by the mixed verdict, but by the flood of questions they directed to the court about the New York law forbidding unlawful use of "secret scientific material." (What does that even mean? We don't know either, and reading New York Penal Law § 165.07, a 1967-vintage

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