A developer used employer access and technical knowledge to sabotage company networks, causing hundreds of thousands of dollars in losses to a U.S. company. The developer was convicted and sought a new trial and delayed sentencing, citing surprise evidence. The Department of Justice opposed the request, arguing that the evidence was properly disclosed and that rebuttal addressed perjurious testimony. A judge denied the motion for a new trial and proceeded to sentencing. The developer requested an 18-month sentence but was ordered to serve four years in prison and three years of supervised release. Attempts to conceal the wrongdoing did not prevent conviction.
After his conviction, Lu moved to schedule a new trial, asking the court to delay sentencing due to allegedly "surprise" evidence he wasn't prepared to defend against during the initial trial. The DOJ opposed the motion for the new trial and the delay in sentencing, arguing that "Lu cannot establish that the interests of justice warrant a new trial" and insisting that evidence introduced at trial was properly disclosed.
In the end, the judge denied Lu's motion for a new trial, rejecting Lu's arguments, siding with the DOJ in July, and paving the way for this week's sentencing. Giving up the fight for a new trial, Lu had asked for an 18-month sentence, arguing that a lighter sentence was appropriate since "the life Mr. Lu knew prior to his arrest is over, forever."
According to the DOJ, Lu will serve "four years in prison and three years of supervised release for writing and deploying malicious code on his then-employer's network." The DOJ noted that in addition to sabotaging the network, Lu also worked to cover up his crimes, possibly hoping his technical savvy would help him evade consequences. "However, the defendant's technical savvy and subterfuge did not save him from the consequences of his actions," Galeotti said.
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