Judge Rejects Request For a Delay in Former Goldman Programmer Case

By Samuel Rubenfeld 

A New York judge rejected a request by prosecutors to delay the trial of a former Goldman Sachs programmer who has been charged with the alleged theft of the investment bank's secret computer code.

Prosecutors, in a hearing, cited witness availability and a lack of readiness for bringing the case against Sergey Aleynikov as a reason for the proposed delay.

Judge Daniel Conviser said he didn't understand why prosecutors weren't ready despite a firm date set for trial.

Kevin Marino, a lawyer for Mr. Aleynikov, called the government's request, "outrageous."

He was initially arrested and charged by federal authorities in 2009 for allegedly stealing Goldman Sachs Group Inc.'s secret high-frequency-trading computer code. He was convicted in 2010, imprisoned for a year, acquitted on appeal, and then rearrested on state charges in 2012.

Mr. Aleynikov has the denied the charges and pleaded not guilty.

Mr. Marino read out a transcript from a December hearing in which prosecutors had proposed an April 1 trial date, and noted that at a March hearing prosecutors didn't indicate any issues of witness availability.

The hearing continues later Wednesday.

Write to Samuel Rubenfeld at [e-mail]

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