By Christopher M. Matthews 

After six years of legal twists and turns, the fate of a former Goldman Sachs Group Inc. programmer accused of stealing the bank's "secret sauce" computer code may hinge on the dictionary's definition of a handful of words.

A lawyer for Sergey Aleynikov told jurors during closing statements Wednesday that his client did do something wrong when he took bits of the investment bank's high-frequency trading code, but his actions aren't covered by the language of the statute under which he is charged.

While Mr. Aleynikov certainly broke Goldman Sachs's confidentiality policy when he transferred the code off the company's servers, defense attorney Kevin Marino told the New York state court jury, he didn't violate New York state law.

Prosecutors urged jurors during their closing statement to look past rhetorical minutiae and focus on Mr. Aleynikov's actions.

"We can look at the statute all we want, and you should," said Manhattan Assistant District Attorney Daniel Holmes. "But at the end of the day...if you use the same common sense you use every day, it's clear the defendant made an electronic reproduction of his former employer's data."

The defense's central argument is unusual. Mr. Marino concedes nearly every fact presented by the district attorney's office, but disputes that those constitute a crime.

He focused much of his nearly two-hour closing statement on the language of the law Mr. Aleynikov was charged under, even presenting the jury with placards displaying the definitions of "deprive" and "appropriate." The three charges accuse Mr. Aleynikov of unlawfully using secret scientific material to appropriate its economic value and duplicating it for his own use. The jury began deliberations Wednesday.

He faces up to four years in prison if convicted on all charges.

On Wednesday, Mr. Marino told jurors that because Mr. Aleynikov didn't appropriate the code to Goldman's detriment, and because he didn't intend to profit off it, he didn't break the law. Goldman continued to use the code and earn profits from its high-frequency trading system after Mr. Aleynikov transferred some of the code, he said. What's more, according to Mr. Marino, his client didn't illegally duplicate the code because he didn't make a tangible copy of the code because binary computer bytes don't have a physical form.

Mr. Aleynikov was initially arrested and charged by federal authorities in 2009 for allegedly stealing Goldman's high-frequency-trading computer code from bank computers during his last days at the firm and transferring it to servers under his control so he could use it at his new employer. He was convicted in 2010 in federal court, imprisoned for a year, acquitted on appealand then rearrested on state charges in 2012 by the Manhattan district attorney's office.

The appeals court reversed the conviction on grounds that his actions weren't covered by the federal statute under which he was charged. The district attorney charged Mr. Aleynikov under a different New York state law, a move that didn't trigger "double jeopardy" immunity.

Still, some have criticized the office for pursuing a second iteration of the case, and the trial has been marred slightly for prosecutors by several procedural missteps. On the eve of trial, after two years of delays, prosecutors asked for another postponement, which Justice Daniel Conviser denied. Later in the trial, Justice Conviser barred prosecutors from calling a witness because they hadn't given the defense proper notification.

Mr. Marino, a firebrand litigator, has repeatedly voiced his exasperation with the district attorney's handling of the case, a theme that continued after closing arguments. Shortly after starting deliberations, the jury asked for a copy of specific charges against Mr. Aleynikov, a request that is barred under New York rules unless both sides consent to it. Outside the presence of the jury, Mr. Marino said he wouldn't object to giving them a copy of the charges, but prosecutors said they felt otherwise.

"Good grief, let them have the charge," Mr. Marino said.

As it did in Mr. Aleynikov's first trial, Goldman has cast a shadow over the proceedings. Mr. Marino told jurors Wednesday that instead of pursuing a civil case against Mr. Aleynikov the bank had a former agent from the Federal Bureau of Investigation who now works for Goldman contact his old colleagues and request an investigation.

Prosecutors have denied that Goldman exerted any improper influence.

"Guess what, big companies have things stolen from them, and smart, successful people can be thieves," Mr. Holmes said.

Write to Christopher M. Matthews at christopher.matthews@wsj.com

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