Fabrice Tourre, still waiting in the wings to face SEC charges while he was at Goldman, has also received payment of his legal expenses by Goldman.
In spite of these perks, you never want to get on the wrong side of Goldman Sachs.
In Goldman Programmer Case, a Way Around Double Jeopardy
By Peter J. Henning - DealBook (New York Times)
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Although the “dual sovereignty” doctrine allows New York State to charge Mr. Aleynikov with a similar crime, the state also has a statute providing that “a person may not be twice prosecuted for the same offense.” That provision blocks most cases involving conduct already prosecuted by another state or the federal government.
Once again, however, the law is not as simple as it first appears because the statute has an important exception if the earlier case was “terminated by a court order expressly founded upon insufficiency of evidence to establish some element of such offense which is not an element of the other offense, defined by the laws of this state.” Roughly translated, that means Mr. Aleynikov probably can be prosecuted again because the federal case focused on tangible property, while the New York charges cover computer programs.
There is a good chance the latest charges will move forward, which makes Mr. Aleynikov’s demand that Goldman pay his legal fees all the more important because the earlier case essentially bankrupted him. According to a complaint filed in the United States District Court in New Jersey, he claims that the legal fees for the federal case were approximately $2.4 million, and the state case is likely to run up a similar bill.
Read the entire piece here