Statement of Manhattan District Attorney Cyrus R. Vance, Jr. on Appellate Court Unanimously Reinstating Sergey Aleynikov’s Guilty Verdict

January 24, 2017

On May 1, 2015, a jury in New York State Supreme Court found SERGEY ALEYNIKOV, 46, a computer programmer, guilty of Unlawful Use of Secret Scientific Material for copying and intending to use portions of his employer’s confidential and proprietary computer code. Judge Daniel P. Conviser overturned that conviction on July 7, 2015. Today, the Appellate Division – First Department reinstated the verdict and remanded the matter for sentencing. 

“Today, the First Department recognized what a trial jury correctly concluded, which is that the theft of intellectual property is indeed a crime prohibited by law in New York State, regardless of the physical means used to spirit the data away from its source,” said District Attorney Vance. “No company wants to do business in a market where someone can steal its work product without consequences. In order for New York City to continue to be a leader in the global marketplace, bad actors must be held accountable for their conduct.”