UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKIn re: :Docket No.UNITED STATES OF AMERICAS :Plaintiff, :- against - :SERGEY ALEYNIKOV, : New York, New YorkJuly 4, 2009Defendant. :------------------------------------- :PROCEEDINGS BEFOREMAGISTRATE JUDGE KEVIN N. FOX,UNITED STATES DISTRICT COURT MAGISTRATE JUDGEAPPEARANCES:For the United States U.S. ATTORNEY’S OFFICE,of America: SOUTHERN DISTRICT OF NEW YORKBY: JOSEPH FACCIPONTE, ESQ.One St. Andrew’s PlazaNew York, New York 10007(212) 637-2492For the Plaintiff: FEDERAL DEFENDERS OF NEW YORKBY: SABRINA SHROFF, ESQ.52 Duane St., 10th floorNew York, New York(212) 417-8700Transcription Service: Carole Ludwig,

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141 East Third Street #3ENew York, New York 10009Phone: (212) 420-0771Fax: (212) 420-6007Proceedings recorded by electronic sound recording;Transcript produced by transcription service

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THE CLERK: All rise.2THE COURT: Please be seated.3THE CLERK: The United States of American versus4Sergey Aleynikov. Would you please state your name for the5record?6MR. JOSEPH FACCIPONTE: Good afternoon, Your7Honor, Joseph Facciponte for the Government. With me at8counsel table is Michael McSwaine (phonetic) of the FBI.9THE COURT: Good afternoon.10MS. SABRINA SHROFF: Good afternoon, Your Honor,11for Sergey Aleynikov, Federal Defenders of New York by12Sabrina Shroff. My client is standing to my right. Good13afternoon.14THE COURT: Good afternoon. May I have the date15and time of arrest, please?16MR. FACCIPONTE: Yes, approximately 9:20 p.m.17last night, Your Honor.18THE COURT: Thank you. Please raise your right19hand.20(Witness is Sworn)21THE COURT: Mr. Aleynikov, the purpose of the22proceeding is to advise you of certain rights that you have23to inform you of the charge made against you to consider24whether counsel should be appointed for you and to determine25to what conditions, if any, you might be released. Do you26