"At a hearing in New York federal court on Saturday, assistant US attorney Joseph Facciponti [JF] argued that the [sic] Mr. Aleynikov's actions could harm Goldman and the capital markets. 'The bank has raised the possibility that there is a danger that somebody who knew how to use this program could use it to manipulate markets in unfair ways,' the prosecutor said, according to Bloomberg", Greg Farrell and Justin Bear at the FT, 8 July 2009.
Ed Harrison has a 10 July 2009 post at Naked Capitalism you must read and follow the link to a Jonathan Weil interview. The blogosphere is all over this. Well, Lev Dassin (LD), will you dismiss this indictment, or get laughed all over the internet? Link: http://www.nakedcapitalism.com/2009/07/bloomberg-is-coming-down-hard-on.html.
Aren't you impressed? GSG snaps its fingers and the FBI jumps. What will happen if you bring information of GSG's alleged malfeasance to the FBI? What it will do? I wonder how long McSwain will take until he finds a new job at, no, not GSG. Most prosecutors won't touch trade secret theft. They leave it as a tort. But if GSG alleges its trade secrets were stolen, jump FBI! GSG, bossman commands! With all the fraud the FBI could find, it has time for this case. What's really going on here? GSG likely told Alenyikov's new employer, Teza Technologies don't muscle in on our territory. I hope Aleyniknov forces this to trial and is acquitted. Suppose GSG went to trial on this, what then? What could come out? Remember GSG, Aleynikov can confront witnesses against him. He still has the sixth amendment. Does GSG want an open trial on this? Hahahahaha, would the Mogambo Guru say. This could be worse. Suppose GSG uses that code to engage in market manipulation. Could GSG have hired the FBI to ensure its' manipulations are never exposed? Would the FBI do that? Look at the Joseph Jett case, the Craig Gile case, etc. etc. The FBI is a Big Business tool and never forget it.
If you doubt the pervasive corruption in the SDNY US attorneys office, read JF's statement. He said GSG's market manipulations are fair. I think as JF is GSG's agent, this should be considered a GSG "admission against interest" and bind GSG. Plaintiffs' bar, start your engines! Hey LD, is JF the stupidest AUSA you've got?