Does anyone know if Goldman is simultaneously pursuing civil resource for copyright violation?
Does anyone know if Goldman is simultaneously pursuing civil resource for copyright violation?
Given that their return might be limited to their provable losses & that they'd have to demonstrate those in court I suspect that they'll probably decide it's not worth the effort. The guy has already spent a year in prison after all & they've successfully demonstrated to all their other employees that GS will go for the maximum possible sentence if any of them transgress in the future, which was probably the main point of the whole exercise in the first place.
In other words, a person can be charged in federal and states courts separately for the exact same acts.
You can be acquitted of murder and then tried for conspiracy to commit murder; you can be acquitted of "economic espionage" and then be tried for criminal copyright infringement because they're two separate crimes, though committed in the same act.
This is why prosecutors always overcharge: if they undercharge, they are foreclosed from seeking a conviction on the more serious charges once the case is resolved (whether they win or lose).
They could be but really why? Its a single guy, with likely limited monetary resources, and unless they can prove large monetary or punitive damages they wouldn't win much. I guess they can go the "make his life a living hell, dissuade folks from doing this in the future" kind of attitude but its a costly way to go about it.
He was going to make about $1.2 million/year at the new job, and made $400k at Goldman. If he's still employable for HFT development, he's going to make a lot of money over the rest of his career.