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Manhattan Commune Advocate Cyrus Vance, Jr. speaks at all-around cyber aegis appointment at the Federal Reserve Bank of New York on November 18, 2015 in New York City. (Andrew Burton/Getty)

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The Manhattan Commune Attorney’s Appointment has filed its address of a New York judge’s cardinal that threw out a jury’s confidence adjoin a above Goldman Sachs computer programmer accused of burglary allotment of the Wall Street bank’s high-speed-trading cipher afore abrogation the company.

Sergey Aleynikov, 46, has alert had aesthetics adjoin him befuddled out on appeal, aboriginal in federal cloister and afresh in accompaniment cloister aftermost year. Prosecutors had accustomed a apprehension of address aftermost July, giving them nine months to file.

The Russian-born American aborigine was a capital appearance in Michael Lewis’ book Flash Boys.

District Advocate Cyrus R. Vance Jr.’s appointment is aggravating to accept two aesthetics adjoin Aleynikov for actionable use of abstruse accurate actual reinstated. Judge Daniel P. Conviser threw out the aesthetics aftermost year, adage prosecutors “did not prove he committed this accurate abstruse crime.” You can apprehend the judge’s abounding cardinal here.

“To re-prosecute Sergey Aleynikov — who was acquitted of all federal accuse afterwards spending a year in bastille — was reprehensible; to book this bottomless address eight months afterwards Mr. Aleynikov was additionally acquitted of all accompaniment accuse is absolutely inexcusable,” Kevin Marino, Aleynikov’s attorney, told Heavy.com on Monday. “Is no one watching how Mr. Vance spends the taxpayers’ money?”

Vance’s appointment says in the abrupt that “… the board appropriately bedevilled actor based on accurately acceptable affirmation that his conduct constituted a abuse of Penal Law §165.07. Justice Conviser’s accommodation to set a the jury’s complete adjudication stemmed from a awry compassionate of the statute and should be reversed.”

You can apprehend the abounding address brief, which was filed Monday, beneath or by beat here:

In his ruling, Conviser said the actionable use of abstruse accurate actual statute applies alone to “tangible” cardboard copies of accurate material, and said the accompaniment did not prove Aleynikov fabricated a “tangible reproduction” of the abstruse accurate material. The commune attorney’s appointment says in its brief:

No alive account of the chat ‘tangible’ supports the balloon court’s bearded appearance that the Actionable Use statute proscribes alone the conception of cardboard copies of abstruse accurate material. Even d the chat is accustomed its narrowest accessible definition, ‘perceptible to the touch,’ to the exclusion of all added accessible meanings, a agenda reproduction of abstracts is no beneath actual than a cardboard copy. Computer code, in its essence, is bookish property, aloof like a song or a formula. Back bookish acreage is accounting on paper, it is no added ‘perceptible to the touch’ than it is back accounting assimilate a adamantine drive. In neither case can a being ‘touch’ the bookish property. In both scenarios, however, a being can blow the average assimilate which the acreage is reproduced or recorded. This is accurate whether advice is inscribed on a tablet, accounting on paper, adored assimilate a adamantine drive, or photographed with a agenda camera. In anniversary instance, the advice is reproduced in a address that gives it concrete actuality – in added words, a actual reproduction or representation.

In its brief, the accompaniment argues, “Confusion about this abstraction attenuated the balloon court’s analysis, and was responsible, in part, for Justice Conviser’s bearded accommodation to disengage the jury’s verdict. Indeed, the court’s amount confounding of the approved claim is on abounding affectation in its assay of acknowledged precedent.”

The accompaniment additionally argues, “In short, the affirmation was bright that actor advised to ascendancy assuredly the use of the cipher that he reproduced from Goldman’s system. The affirmation additionally explained the motive abaft this crime: actor believed that he could use Goldman’s cipher to jump-start his own assignment autograph high-frequency trading cipher for Teza,” the accompaniment argued, apropos Teza Technologies, a aggressive trading close that Aleynikov larboard Goldman for. He was afterwards abeyant and afresh accursed by Teza.

Aleynikov’s advocate has ahead alleged the accommodation by Vance to book an address “inexcusable,” according to the New York Times.

The attorney, Kevin Marino, additionally told the Times it “was reprehensible” for Vance to allegation Aleynikov in the aboriginal place.

The acknowledged case adjoin the computer programmer has been advancing for several years. Aleynikov was aboriginal arrested, by the FBI, in 2009. He was begin accusable of annexation of barter secrets and busline of baseborn acreage by a federal board in 2010 and bedevilled to 8 years in prison. That confidence was chaotic by the Additional Circuit in 2012, afterwards Aleynikov had spent a year in prison.

In August 2012, Aleynikov was arrested again, this time on accompaniment charges. He was begin accusable by a accompaniment board on two of three accuse adjoin him, afore he auspiciously appealed for a additional time.

If the commune attorney’s office’s address is successful, the bent accuse would be reinstated. But Vance has said he is not acceptable to seek bastille time for Aleynikov.

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