Case Study: US V. Aleynikov

Law360, New York (May 1, 2012, 1:40 PM EDT) -- In February 2012, following oral argument, the U.S. Court of Appeals for the Second Circuit issued a brief order reversing Sergey Aleynikov’s convictions for violating the National Stolen Property Act, 18 U.S.C. § 2314 (“NSPA”), and the Economic Espionage Act, 18 U.S.C. § 1832(b) (“EEA”), and stating a longer opinion would follow. In that promised opinion, which was issued in April, see United States v. Aleynikov, No. 11-1126 (2d Cir. April 11, 2012), the appeals court explained why Aleynikov did not commit the charged federal crimes, and, more importantly, it established significant limits on future federal prosecutions concerning the theft of...

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