Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

United States of America v. Allison Aytes

Date: 12-12-2018

Case Number: 18-CR-132 (SJ)

Judge: Sterlin Johnson, Jr.

Court: United States District Court for the Eastern District of New York (Kings County)

Plaintiff's Attorney: James P. McDonald

Defendant's Attorney: Amanda L. David and Mildred M. Whalen - FPD

Description:






Calvin Weeks - Computer Forensics







Brooklyn, NY - Former Senior Employee at FDIC Convicted of Embezzling Confidential Documents

Documents Contained Confidential Information of World’s Largest Banks



Following six days of trial, a federal jury in Brooklyn returned a guilty verdict against Allison Aytes on both counts of an indictment charging her with theft of government property in the possession of the Federal Deposit Insurance Corporation (FDIC). When sentenced by United States District Judge Sterling Johnson, Jr., Aytes faces up to 20 years’ imprisonment.



“Aytes embezzled sensitive and confidential information about banks that was the property of the United States government shortly before she resigned from the FDIC to seek job opportunities at those very same banks,” stated United States Attorney Donoghue. “With today’s verdict, Aytes has been held accountable for abusing her position of trust for personal gain.”



“This case makes clear that those who compromise sensitive FDIC information will be held accountable for their actions,” stated FDIC Inspector General Lerner. “We are committed to investigating such breaches of public trust, and to protecting the integrity of confidential data maintained by the agency.”



At the time of her resignation in September 2015, Aytes was a senior employee in the FDIC’s Office of Complex Financial Institutions in New York. The Office was created after passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act to oversee and conduct, if necessary, an orderly bankruptcy of the world’s largest banks and financial institutions. Each of these banks and financial institutions is required to file resolution plans, referred to as “living wills,” with the FDIC. The plans contain confidential information about the bank, including its assets, business operations, data center locations, critical vendors, agreements with other banks and potential weaknesses or other deficiencies that pose risk during a time of financial crisis.



In August 2015, Aytes used her office computer to review listings for and apply for jobs with financial institutions that filed living wills with the FDIC. On August 27, 2015, one day after being contacted about a possible position at one of the banks, Aytes logged on to a secure FDIC database and printed living will information for that bank. On September 16, 2015, Aytes resigned her position at the FDIC. A review of FDIC Data Loss Prevention software revealed that on her last day of work, Aytes copied numerous electronic files from the FDIC network to external USB drives, including living wills for U.S. banks where Aytes had been seeking employment.



The government’s case is being handled by the Office’s General Crimes Section.



Charges:



18:641 and 3551 et seq.-PUBLIC MONEY, PROPERTY OR RECORDS

(1)

18:641 and 3551 et seq. - Theft of Public Property

(1s)

18:1001(a)(1), 1001(a)(2), 1001(a)(3) and 3551 et seq.- STATEMENTS OR ENTRIES GENERALLY

(2)

18:641 and 3551 et seq.- Theft of Public Property

(2s)

18:1001(a)(1), 1001(a)(2), 1001(a)(2), 1001(a)(3) and 3551 et seq.- Making a False Statement

(3s)

Outcome:
12/07/2018 58 MEMORANDUM & ORDER, Based on the submissions of the parties, the argument heard by this Court on November 28, 2018, and for the reasons stated below thegovernment's (in limine) motions are GRANTED IN PART AND DENIED IN PART and the Defendant's (in limine) motions are GRANTED IN PART AND RESERVED IN PART. Decision on any outstanding motion not settled by the parties is reserved. So Ordered by Judge Sterling Johnson, Jr on 12/4/2018. (Lee, Tiffeny) (Entered: 12/07/2018)

12/07/2018 59 Letter re: Court's Proposed Jury Charge as to Allison K. Aytes (McDonald, James) (Entered: 12/07/2018)

12/07/2018 ORDER as to Allison K. Aytes re 59 Letter. The Defendant shall submit her response, if any, by 3:00pm on December 8, 2018. Ordered by Judge Sterling Johnson, Jr on 12/7/2018. (Figeroux, Davina) (Entered: 12/07/2018)

12/07/2018 60 Proposed Jury Instructions/Verdict Form by Allison K. Aytes (Attachments: # 1 Exhibit Proposed Jury Instruction, # 2 Proposed Verdict Sheet) (Whalen, Mildred) (Entered: 12/07/2018)
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of United States of America v. Allison Aytes?

The outcome was: 12/07/2018 58 MEMORANDUM & ORDER, Based on the submissions of the parties, the argument heard by this Court on November 28, 2018, and for the reasons stated below thegovernment's (in limine) motions are GRANTED IN PART AND DENIED IN PART and the Defendant's (in limine) motions are GRANTED IN PART AND RESERVED IN PART. Decision on any outstanding motion not settled by the parties is reserved. So Ordered by Judge Sterling Johnson, Jr on 12/4/2018. (Lee, Tiffeny) (Entered: 12/07/2018) 12/07/2018 59 Letter re: Court's Proposed Jury Charge as to Allison K. Aytes (McDonald, James) (Entered: 12/07/2018) 12/07/2018 ORDER as to Allison K. Aytes re 59 Letter. The Defendant shall submit her response, if any, by 3:00pm on December 8, 2018. Ordered by Judge Sterling Johnson, Jr on 12/7/2018. (Figeroux, Davina) (Entered: 12/07/2018) 12/07/2018 60 Proposed Jury Instructions/Verdict Form by Allison K. Aytes (Attachments: # 1 Exhibit Proposed Jury Instruction, # 2 Proposed Verdict Sheet) (Whalen, Mildred) (Entered: 12/07/2018)

Which court heard United States of America v. Allison Aytes?

This case was heard in United States District Court for the Eastern District of New York (Kings County), NY. The presiding judge was Sterlin Johnson, Jr..

Who were the attorneys in United States of America v. Allison Aytes?

Plaintiff's attorney: James P. McDonald. Defendant's attorney: Amanda L. David and Mildred M. Whalen - FPD.

When was United States of America v. Allison Aytes decided?

This case was decided on December 12, 2018.