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Criminal Law

: Crime & Federalism

Does the Aleynikov Prosecution Violate the Equal Protection Clause?

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If I were Sergio Aleynikov's lawyer, I'd seek to dismiss the case under a class-of-one equal protection theory.  Why is Aleynikov, unlike other people who allegedly stole trade secrets from Wall Street firms, being criminally prosecuted?  Does AUSA Joseph Facciponti, the attorney prosecuting Aleynikov, have a secret and improper relationship with Goldman Sachs?  Why did the FBI, less than 48 hours after Goldman Sachs reported the alleged theft, arrest Aleynikov?  Why did Facciponti work all nighters and lie to a federal judge?  These are questions that we should ask.  There needs to be a full evidentiary hearing into Facciponti's prosecutorial misconduct; and to the Department of Justice's preferential treatment of Goldman Sachs.The class of one defense is not mere theory:The former Goldman Sachs programmer who allegedly stole some of the Wall Street firm?s top secret proprietary trading code picked the wrong firm to mess with?really...continue to full post

Full post as published by Crime & Federalism on July 25, 2009 (boomark / email).

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