Deferred Prosecution for Aleynikov?
November 16, 2009
In like a lion, out like a lamb:
In a court filing on Monday, federal prosecutors revealed that Aleynikov's attorney plans to seek a resolution of the case that could culminate in either a deferred prosecution agreement, or a plea to a reduced charge of a misdemeanor. Prosecutors say they intend to "evaluate'' the request for a deferred prosecution.
In light of the anticipated request from Aleynikov's lawyer, Assistant US Attorney Joseph Facciponti asked a U.S. magistrate judge to extend the time that prosecutors must act to begin trying Aleynikov on the theft of trade secrets charge until December 16. Aleynikov was originally arrested and arraigned on the theft charge over the July 4th weekend.
What a joke. Facciponti is of course going to accept this plea offer. There is literally no criminal case against Aleynikov. There is no good-faith basis to move forward with the prosecution. Aleynikov is factually innocent.
Aleynikov's lawyer is doing Facciponti a favor. Facciponti will be able to get a pseudo-conviction out of this case without having to indict Aleynikov for crimes that Aleynikov did not commit.
Facciponti's actions should serve as a cautionary tale for Department of Justice line lawyers. When Goldman Sachs tells you that someone committed a crime and must be arrested within 48 hours: Goldman Sachs is lying. Of course, Facciponti probably already knew this.
Facciponti is no doubt hoping to cash out big time once he leaves the Department of Justice. I guarantee that when Facciponti leaves DOJ, Goldman Sachs will be one of his clients.
At least federal judges are on notice that Facciponti has no integrity. It is an undisputed fact that Facciponti lied at Aleynikov's bail hearing. It is also undisputed that Facciponti's arrest of Aleynikov was an embarrassing rush to judgment; and that Aleynikov's arrest was made without probable cause; and the arrrest violated official Department of Justice policy.