The Department of Justice is attempting to distract us through boredom:
ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Sergey Aleynikov re: 6 Order to Continue - Interest of Justice. Time excluded from 10/16/09 until 11/16/09. Follows oral order of 10/16/09. (Signed by Magistrate Judge Douglas F. Eaton on 10/16/09)(aba) (Entered: 10/19/2009)
Let's take a quick look at the case chronology. Sergey Aleynikov was arrested less than 48 hours after Goldman Sachs called the FBI on him. Goldman Sachs called the FBI on Aleynikov on July 1st. On July 3, 2009, Aleynikov was in custody. At a bail hearing, AUSA Joseph Facciponti said: "[B]ecause of the way this software interfaces with the various markets and exchanges, the bank has raised a possibility that there is a danger that somebody who knew how to use this program could use it to manipulate markets in unfair ways."
Since July 4th, DOJ has done nothing with the case. They haven't even indicted Aleynikov. Instead, they've kept asking for continuances. (Here's the docket sheet.)
During Friday's hearing, DOJ received another continuance. This is the fourth continuance in the case. So what is going on? What's the realpolitik of the case?
The United States Attorney's Office made a huge mistake in arresting Aleynikov. They jumped too quickly for Goldman Sachs. DOJ wants to dismiss this case - to walk away. They can't, however, as the Aleynikov prosecution has received too much media attention.
Thus, DOJ wants Aleynikov to cop a plea to something. Anything. Please.
Aleynikov's lawyer is too smart to fall for that. She knows that DOJ has no case. She is likely insisting that DOJ indict Aleynikov, or dismiss the criminal case against him outright.
In the meantime, AUSA Joseph Facciponti will keep continuing the case. He hopes to bore us to death. AUSA Facciponti misunderstands the legal blogosphere. Legal bloggers obsess over a case. We're not like other media - with writers forced to move on to the next story. Indeed, we didn't even cover "balloon boy."
Those of us following Aleynikov will dutifully check for case updates. We're not going anywhere.
Our prior coverage of the Aleynikov case is available here.
