A former Goldman Sachs programmer was arrested for a second time this week when the Manhattan District Attorney’s office charged him with state crimes. Six month ago, allegations that Sergey Aleynikov had stolen secret source code from Goldman were overturned in a federal appeals court.
Aleynikov was arrested three years ago, charged with stealing codes related Goldman’s high-frequency trading platform after he left the firm to join a startup, according to the NY Times. In 2010, he was found guilty in federal court, but an appeals court reversed that, reasoning that prosecutors misapplied federal corporate espionage laws.
Manhattan DA Cyrus Vance said prosecution of high-tech theft is a top priority. “This code is so highly confidential that it is known in the industry as the firm’s ‘secret sauce,’ ” Vance said in a statement Thursday. “Employees who exploit their access to sensitive information should expect to face criminal prosecution in New York State.”
The Fifth Amendment prohibits trying people for the same crime twice, however it does allow different jurisdictions to seek the same charges. “The dual sovereignty” doctrine permits separate federal and state prosecutions against Aleynikov.