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Business

Court reinstates conviction of ex-Goldman programmer

By
Carleton English
Published Jan. 24, 2017
Updated Jan. 24, 2017, 9:49 p.m. ET

The tortured, eight-year legal saga of Sergey Aleynikov, the former Goldman Sachs programmer, took another twist on Tuesday when a state appeals court voted 5-0 to reinstate his May 2015 conviction.

Aleynikov, accused of stealing some high-frequency trading code from the Wall Street bank, has twice been convicted on charges related to the theft — once in federal court and again in state court.

Twice those convictions were overturned.

Manhattan DA Cyrus Vance appealed the last court decision, which ended with Tuesday unanimous decision.

Immediately, Aleynikov’s lawyer, Kevin Marino, told The Post that he plans to appeal.

Aleynikov worked at Goldman Sachs writing high-frequency trading code until 2009 . He left to take a similar job at Chicago-based Teza Technologies.

On his way out the door at Goldman, Aleynikov made a copy of the bank’s source code and uploaded it onto a server outside of the bank’s network.

Aleynikov, who served 11 months in prison before his first conviction was overturned, helped inspire Michael Lewis’ 2014 best-seller, “Flash Boys.”

Vance immediately jumped into the case — and a Manhattan jury convicted Aleynikov on one of three counts of theft.

The trial judge voided the verdict.

Marino is confident his fight will ultimately prevail.

“We remain confident that, as he has in the past, Mr. Aleynikov will successfully resist the District Attorney’s Goldman Sachs-driven attempt to criminalize his conduct.” Marino told The Post.