2nd UPDATE: Ex-Goldman Employee Charged With Code Theft
July 06 2009 - 4:26PM
Dow Jones News
The U.S. Justice Department arrested a former Goldman Sachs Inc.
(GS) employee and charged him with stealing computer codes related
to the firm's high-speed trading platform.
Sergey Aleynikov, a naturalized U.S. citizen who emigrated from
Russia, allegedly unlawfully copied, duplicated, downloaded and
transferred computer codes from a New York-based financial
institution uploaded the codes to a computer server in Germany,
according to a complaint filed by federal prosecutors.
The complaint from the government didn't specifically reference
Goldman Sachs. Goldman Sachs was referenced during Saturday's bail
hearing, and a person familiar with the matter confirmed that
Aleynikov worked as a computer programmer for the company.
The person familiar with the matter also said the theft has had
no impact on Goldman Sach's clients and no impact on its business.
The person said the codes involved Goldman Sachs' proprietary
trading, which is its business of trading securities with its own
money.
Goldman Sachs has historically relied on proprietary trading for
a large share of its revenue. The company does not break out
specific profit or revenue for this business. The allegedly stolen
codes related to proprietary trading that is done using
computers.
Brad Hintz, a former chief financial officer for Lehman
Brothers, said any theft of the codes would likely not have any
serious impact on how Goldman does business. Whoever got their
hands on the code might simply be able to execute a trader a bit
faster than the securities firm, he said.
"There's a lot more to Goldman Sachs than one (proprietary)
trading desk, or even all of prop trading," said Hintz, now an
analyst with Sanford Bernstein. "Wall Street's systems may be the
best in the world...this wouldn't be an end-of-the-world
event."
Shares of Goldman rose $2.20, or 1.5%, to $145.68 in
late-afternoon trading on the New York Stock Exchange.
The alleged actions took place between June 1 and Friday, when
Aleynikov was arrested as he got off a flight at Newark Liberty
International Airport. Aleynikov worked at Goldman as a computer
programmer from about May 2007 until about June 5.
Many Wall Street firms have cut back on riskier forms of
proprietary trading since the onset of the financial crisis.
However, there has been some indication that Goldman and others are
ramping up this business again.
Questioned by Federal Bureau of Investigation officials,
Aleynikov admitted only to "unwitting conduct," that whatever he is
accused of doing wasn't done on purpose. Aleynikov's lawyer,
federal defender Sabrina Shroff, said she believes her client is
innocent.
Aleynikov was granted bail and is trying to meet the bail
conditions. Bail includes a $750,000 personal recognizance bond
secured by three financially responsible persons and $75,000 in
cash. He must surrender all travel documents, and travel is
restricted to New Jersey and the southern and eastern districts of
New York - Manhattan and Long Island.
FBI Special Agent Michael G. McSwain said in the filing that the
computer codes were related to a platform that allows Goldman Sachs
to engage in high-speed and high-volume trades on stock and
commodities markets. The bank considers the code to be proprietary,
confidential information and trades made on the platform generate
millions of dollars in profits each year for the company.
The filing said Aleynikov was given access to the computer code
as part of a team responsible for developing and improving the
platform. The company said he was required to sign its
confidentiality agreement when he first took a job there.
The filing said at some point before June, Aleynikov told
Goldman Sachs he would resign. His salary at the time of his
resignation was about $400,000 a year. The FBI agent said a Goldman
representative who spoke to Aleynikov about his resignation said he
was leaving to work for a new company that also planned to engage
in high-volume automated trading.
Aleynikov previously worked for telecommunications company IDT
Corp. (IDTC), where he worked as a systems architect for routing
and Internet phone service, according to his page on business
networking Web site Linked-In. He also achieved a masters of
science degree in 1996 from Rutgers University.
According to the complaint, Aleynikov said after his arrest that
he "only intended to collect 'open source' files on which he had
worked, but later realized that he had obtained more files than he
intended." He also "claimed that he did not distribute any of the
proprietary software that he obtained from the Financial
Institution" and had agreed with the new employer not to use
unlicensed software.
News of Aleynikov's arrest was reported Sunday by Reuters.
-By Kerry Grace Benn, Dow Jones Newswires; 212-416-2353;
kerry.benn@dowjones.com
-By Joe Bel Bruno, Dow Jones Newswires; 212-416-2469;
joe.belbruno@dowjones.com
-By Amir Efrati, The Wall Street Journal; 212-416-4218