Prosecution Doing Back-Flips For Goldman Sachs in High Frequency Trading Trial

If there was any doubt that the federal prosecutors in New York prosecuting Sergey Aleynikov for theft of trade secrets weren't in Goldman Sach's Pocket, those doubts have been allayed:

Goldman Sachs Group Inc. has always closely guarded the secrets of its lucrative high-speed trading system. Now the securities firm is getting a help from an unusual source: federal prosecutors.

Federal prosecutors in Manhattan this week asked a federal district judge to seal the courtroom at the forthcoming trial of a former Goldman computer programmer accused of stealing the firm's computer code. The move was a formal request to empty the courtroom of the general public when details of Goldman's trade secrets are being discussed. The trial is set to start to late November.

Prosecutors also asked that any documents related to Goldman's trading strategies remain under seal.

Such requests are common when proprietary corporate information could be exposed in a trial, lawyers say. This case is unusual in that it involves secrets about a potentially lucrative trading system, rather than, say, ingredients in a soda formula.

What is also unusual is that this code is almost certainly obsolete, and almost certainly has no value to a competitor.

The software almost certainly has to be updated regularly, probably monthly, possibly weekly, which means that the algorithms and code are almost certainly obsolete, but still they want the court sealed.

This is not about protecting trade secrets, this is about concerns by the vampire squid^* that if the details on how they conducted business came out, they would have people calling for their scalps for front-running the markets.

Basically, Goldman, and the prosecutors, are trying to conceal activity by Goldman that is either illegal, or would lead to changes in regulations that would make it so if the details came out.

My earlier posts on this are here.

^*Alas, I cannot claim credit for the bon mot describing Goldman Sachs as a, "great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money." This was coined by the great Matt Taibbi, in his article on the massive criminal conspiracy investment firm, The Great American Bubble Machine.