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U.S. v. ALEYNIKOV

No. 10 Cr. 96(DLC).

737 F.Supp.2d 173 (2010)

UNITED STATES of America, v. Sergey ALEYNIKOV, Defendant.

United States District Court, S.D. New York.

September 3, 2010.

Attorney(s) appearing for the Case

Joseph P. Facciponti, Rebecca A. Rohr, United States Attorney Office, New York, NY, for the United States.

Kevin H. Marino, John D. Tortorella, Marino Tortorella, P.C., Chatham, NJ, for Defendant.

OPINION & ORDER

DENISE COTE, District Judge:

Defendant Sergey Aleynikov ("Aleynikov") has moved to dismiss each count in a three-count Indictment filed against him on February 11, 2010. Aleynikov, a former employee of Goldman Sachs & Co. ("Goldman"), is charged with misappropriating computer source code used in Goldman's high-frequency trading system. For the following reasons, the motion is granted in part.

BACKGROUND

As...

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