Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Investigating the Theft of Trade Secrets

By Stanley S. Arkin, Peter B. Pope and Barrett N. Prinz
October 27, 2009

A dangerous fact of life in today's financial firms is the threat of high-tech espionage, particularly theft of intellectual property by employees. Firms spend millions of dollars developing software that gives them an edge in the marketplace. But however carefully the computer code is protected, there are always employees who need access to update, run and maintain it. And because electronic data is so easy to copy and transport, these binary crown jewels can be stolen with the click of a mouse.

The public got a glimpse of this in the recent federal arrest of a former employee of Goldman Sachs. One of Goldman's programmers allegedly stole the firm's “black box” ' the computer code Goldman used to engage in “sophisticated high-speed and high-volume trades.” U.S. v. Aleynikov, No. 09-MJ-01553 (S.D.N.Y.). The criminal complaint against Aleynikov alleged that he began unlawfully downloading Goldman's computer code as early as June 1, 2009; he was arrested on July 3. The press reported that, sometime during that month, Aleynikov transferred the stolen data to computer servers in Germany. Arrest Over Trading Software Illuminates a Secret of Wall St., Aug., 24, 2009, NY Times, p. A1.

This premium content is locked for Business Crimes Bulletin subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.