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10/23/2018 NY state court sentenced me to time served without any probation, restitution or any other punishment. The sentencing judge published his response to appellate court's ruling, where he expressed firm disagreement with their decision to reverse one charge in his order of acquittal in the NY state case. We filed a notice of appeal on double jeopardy grounds, as we firmly believe that NY state's attempt to prosecute this matter after I was acquitted on similar charges in the Federal case is their second bite at the apple, which is specifically prohibited by means of the fifth amendment of the US Constitution ("... nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;").

01/23/2017 New York's First Department reverses acquittal decision by the lower court

04/04/2016 New York's DA files appeal





I would like to ask all of you, who are sympathetic to my legal case that has been revolving for the past nine years, to contribute the funds that would help me in my fight for justice. In the course of these years I was charged in two separate criminal cases by NY federal and state governments, arising of the same incident of creating a mixed copy of open/proprietary source code on my computer upon leaving the former employer Goldman Sachs to work for a small competitive High Frequency Trading firm. At Goldman's behest, federal and later NY state prosecutors (despite the double jeopardy constitutional protection) sequentially criminally charged me for what seemed to be a policy violation conduct involving no damages - a dispute that is typically handled in civil courts. The federal case resulted in acquittal, and the NY state case initially resulted in acquittal by the trial judge, which was recently reversed by the NY State's appellate court that took a very broad reading of the statute, implying that a digitally transmitted copy of source code stored on a computer is tangible, with a decision directly opposite to what the federal appellate court ruled on the same element of a statute (stating that the digital copy of source code is always intangible). Consequently, I am convicted in the NY state jurisdiction for the same reason and based on the same evidence that I am acquitted of in the federal jurisdiction. We are hopeful that the NY appellate court will fairly and impartially read the law and reinstate the acquittal on the double jeopardy grounds as the NY state case should never have been brought in the first place.

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Attn: Aleynikov Defense Fund

Marino, Tortorella & Boyle, P.C. 437 Southern Boulevard Chatham, NJ 07928