"Every revolution evaporates and leaves behind only the slime of a new bureaucracy.
"
Franz Kafka
Sergey Aleynikov must feel like the main character in The Trial. Goldman Sachs could bring Aleynikov's nightmare to an end by picking up the phone and dismissing the accusations. However, in the meantime, he must face another set of charges. It is too bad that prosecutors do not show the same amount of enthusiasm for prosecuting the executives, like Lloyd Blankfein, who actually did something truly horrific by bringing down the world's financial system. Such is Justice who now appears both blind and deaf.
Lawyer for Ex-Goldman Programmer Criticizes Prosecutors and Firm
. . . .
In 2010, a jury convicted him and a judge sentenced him to an
eight-year prison term. But a Federal Appeals Court reversed that
conviction this year, finding that prosecutors misapplied the federal
corporate-theft laws against him. Mr. Aleynikov was released from a jail
after being incarcerated for about a year.
It is unusual for the
federal government and state authorities to both charge an individual
with crimes related to the same underlying set of facts. Under the
double jeopardy clause of the Constitution, a person cannot be tried
twice for the same offense. Under a legal doctrine called “dual
sovereignty,” however, federal and state prosecutors can charge an
individual for the same underlying offense under different laws.
Just
three months after his release from federal prison, the Manhattan
district attorney charged Mr. Aleynikov with the unlawful use of secret
scientific material and duplication of computer-related material, both
felonies under New York State law. If convicted, he could serve one to
four years in prison.
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