In a case that illustrates just how sticky it can be to prosecute insider crime, the US Supreme Court on Monday dismissed the second criminal conviction of a former Goldman Sachs programmer who copied 32MB of what he claimed was open-source code.

Before leaving to work for a high-speed trading startup in 2009, but while he still had access to the Goldman Sachs network, Sergey Aleynikov admitted to having logged in remotely to copy a tarball – a group of files collected together as one.

When Goldman Sachs got wind of the download, the FBI investigated.

According to Monday’s ruling, Aleynikov told FBI lead agent Michael McSwain that he “wanted to inspect the files much like a person in college would go back and read a paper.”

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