Will AUSA Joseph Paul Facciponti indict Aleynikov - who was arrested less than 48 hours after Goldman Sachs reported him for alleging stealing trade secrets? (When Goldman calls: Arrest first, investigate later.) Or will Facciponti ask for another 30-day continuance? When is a federal judge going to stand up to Facciponti?
Facciponti already lied in federal court. He made a bad arrest. Goldman said, "Jump," and he jumped. Goldman Sachs pimped Facciponti. Do the right thing, Joe. Dismiss the case. You are not Goldman Sachs' personal lawyer. If you want to work for Goldman Sachs, join the private sector. Facciponti lacks the moral courage to dismiss the case.
It's time for a federal judge to force Facciponti to dismiss the case against Aleynikov. Then the Office of Professional Responsibility needs to open an investigation into Facciponti. Among other questions:
- Why did you arrest Aleynikov less than 48 hours after Goldman Sachs contacted you? Is Goldman Sachs on a "priority list," such that you drop everything when they call?
- You said at the Aleynikov bail hearing that Aleynikov stole from Goldman Sachs, software that could "unfairly manipulate markets." If that is true, why didn't you investigate Goldman Sachs for possessing market-manipulating software? After all, Aleynikov allegedly stole the software from Goldman Sachs - which means that it's Goldman's software. Did you investigate Goldman Sachs? If not, why not?
- At the Aleynikov bail hearing, you said that Aleynikov's "dissemination of [Goldman's high frequency traidng software] program would be a substantial loss to them, a very substantial loss to them." Yet days later, David Viniar, Goldman Sach's Chief Financial Officer, said: "We still have all of the code. It is not like the code had been lost to Goldman Sachs. And even if it had been, it is a small piece of our business.” Were you lying? Or did David Viniar make a false statement of material fact to the investing public?
- At the Aleynikov bail hearing, you demanded that Aleynikov be denied bail. Can you identify any other trade-secrets theft case where the prosecutor sought to have a defendant remanded into custody? Can you identify any cases involving non-violent defendants where the defendant was remanded into custody?
- Your initial actions towards Aleynikov were extremely aggressive. Since his arrest, you've done nothing. Why has there been such a dramatic change in your litigation posture?