Overview
Steptoe New York partner Mike Miller was quoted in a Law360 article titled “Twice Convicted, Ex-Goldman Coder May Still Walk.” The article, published May 5, discusses the second conviction of a former Goldman Sachs programmer who stole source code for the company’s high-speed trading operation. According to the article, the Manhattan district attorney’s troubled case has a decent chance of being scrapped post-trial.
Mr. Miller, a white-collar litigator and former prosecutor with the Manhattan DA’s office, tells Law360 there are a number of factors that could lead the trial judge, New York Supreme Court Judge Daniel P. Conviser, or the New York Supreme Court Appellate Division, First Department to overturn the conviction, including the many examples of jury confusion in the case.
“There was a lot of jury confusion about the charge and about the legal elements of the crime and few easy answers from the court,” he says. “This will weigh heavily on both Judge Conviser and the Appellate Division. For the Appellate Division, the fact that Judge Conviser expressed his own doubts on whether these facts make up that crime, that will certainly have an impact up on appeal.”
Read the full article at Law360 (subscription required).