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United States v. Agrawal : ウィキペディア英語版 | United States v. Agrawal
''United States v. Agrawal'', 726 F.3d 235 (2nd Cir. 2013), was a case heard in the United States Court of Appeals for the Second Circuit involving theft of trade secrets and intellectual property. The court upheld the conviction of Samarth Agrawal, former quantitative analyst at Paris-based bank Société Générale S.A ("SocGen"), for stealing high-frequency trading code from SocGen and replicating proprietary software for New York-based hedge fund, Tower Research Capital ("Tower"). The decision of this case has been compared with ''United States v. Aleynikov'', where Sergey Aleynikov was convicted and later acquitted for stealing proprietary code from Goldman Sachs in a similar fashion just over a year earlier. Despite similarities between ''Aleynikov'' and ''Agrawal'', The Second Circuit drew opposite conclusions for the two cases. The district court's decision in ''Agrawal'' was upheld based on details regarding the medium in which the code was stolen, as well as the way the district courts initially presented the cases to the jury. ==Background==
Agrawal was an quantitative analyst working at SocGen's High Frequency Trading ("HFT") Group in New York. He was hired in 2007, but only given direct access to the company’s HFT software in 2009. Unbeknownst to SocGen, Agrawal began pursuing job opportunities with other institutions shortly after his promotion. During his meeting with representatives from Tower, Agrawal shared his knowledge about SocGen's quantitative trading systems "DQS" and "ADP", and was subsequently hired by Tower, with the belief that Agrawal would have the ability to develop similar HFT systems for the company. Agrawal formally accepted his employment offer from Tower in August, 2009, but continued to work at SocGen without disclosing such information until November, 2009. During these three months, Agrawal remained in frequent contact with representatives from Tower, and had transported physical copies of SocGen's DQS code from his office in New York to his home in New Jersey. Agrawal resigned from Socgen on November 17, 2009, triggering a leave period during which he continued to receive compensation from SocGen, but was prohibited from working for SocGen's competitors. During these months, Agrawal continued to meet with and provide Tower personnel with information on SocGen's two HFT systems. Agrawal was arrested at his apartment on April 19, 2010, the day he was set to begin work at Tower.〔
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