Former Google engineer Anthony Levandowski among list of last-minute Trump pardons

Anthony Levandowski, the former Google engineer and serial entrepreneur who had been sentenced to 18 months in prison on one count of stealing trade secrets, has received a pardon from President Donald Trump.

The full pardon, which was one of 73 issued late Tuesday evening, means Levandowski will avoid a prison cell. The president also commuted 70 sentences. Levandowski received his sentence in August 2020. However, Judge Alsup, who presided over the case, said he didn’t need to report to prison until the threat of the COVID-19 pandemic had passed.

Levandowski could not be reached for comment.

Levandowski’s pardon was supported by technology founders and investors, including Founders Fund’s co-founder Peter Thiel and Oculus founder Palmer Luckey;  trial lawyers Miles Ehrlich and Amy Craig; and businessman and investor Michael Ovitz.

Here is the full description, which includes people who supported the pardon, that was posted by the White House:

Anthony Levandowski — President Trump granted a full pardon to Anthony Levandowski. This pardon is strongly supported by James Ramsey, Peter Thiel, Miles Ehrlich, Amy Craig, Michael Ovitz, Palmer Luckey, Ryan Petersen, Ken Goldberg, Mike Jensen, Nate Schimmel, Trae Stephens, Blake Masters, and James Proud, among others. Mr. Levandowski is an American entrepreneur who led Google’s efforts to create self-driving technology. Mr. Levandowski pled guilty to a single criminal count arising from civil litigation. Notably, his sentencing judge called him a “brilliant, groundbreaking engineer that our country needs.” Mr. Levandowski has paid a significant price for his actions and plans to devote his talents to advance the public good.

Levandowski has been a polarizing figure in the autonomous vehicle industry. He is by all accounts — even among some of his harshest critics — a brilliant engineer. His bravado and risk-taking combined with a likable, even affable personality won him followers and rivals.

He has been vilified as a thieving tech bro, unceremoniously ejected from Uber, and forced into bankruptcy by a $179 million award against him. He has also been heralded as a star engineer who was an early pioneer of autonomous vehicles. Levandowski was one of the founding members in 2009 of the Google self-driving project, which was internally called Project Chauffeur. He was rewarded handsomely  — about $127 million by Google — for his work on Project Chauffeur, according to the court documents.

The criminal case that led to Levandowski’s sentencing in August is part of a multi-year legal saga that has entangled Levandowksi, Uber and Waymo, the former Google self-driving project that is now a business under Alphabet.

In 2016, Levandowski left Google and started Otto with three other Google veterans: Lior Ron, Claire Delaunay and Don Burnette. Uber acquired Otto less than eight months later. Two months after the acquisition, Google made two arbitration demands against Levandowski and Ron. Uber wasn’t a party to either arbitration. However, under the indemnification agreement between Uber and Levandowski, the company was compelled to defend him.

While the arbitrations played out, Waymo separately filed a lawsuit against Uber in February 2017 for trade secret theft and patent infringement. Waymo alleged in the suit, which went to trial but ended in a settlement in 2018, that Levandowski stole trade secrets, which were then used by Uber.

Under the settlement, Uber agreed to not incorporate Waymo’s confidential information into their hardware and software. Uber also agreed to pay a financial settlement that included 0.34% of Uber equity, per its Series G-1 round $72 billion valuation. That calculated at the time to about $244.8 million in Uber equity.

While Levandowski wasn’t a defendant in the Waymo v Uber suit, he would soon face a bigger obstacle.

In August 2019, the U.S. District Attorney charged Levandowski alone with 33 counts of theft and attempted theft of trade secrets while working at Google. Levandowski and the U.S. District Attorney reached a plea deal in March 2020. Under that agreement, Levandowski admitted to downloading thousands of files related to Project Chauffeur. Specifically, he pleaded guilty to count 33 of the indictment, which is related to taking what was known as the Chauffeur Weekly Update, a spreadsheet that contained a variety of details including quarterly goals and weekly metrics as well as summaries of 15 technical challenges faced by the program and notes related to previous challenges that had been overcome.

The U.S. District Attorney’s office had recommended a 27-month sentence. Levandowski had sought a fine, 12 months home confinement and 200 hours of community service. Alsup ultimately determined that home confinement would “[give] a green light to every future brilliant engineer to steal trade secrets. Prison time is the answer to that.”

Instead, Alsup sentenced Lewandowski to 18 months, but delayed his prison time until the pandemic was under control. Levandowski also agreed to pay $756,499.22 in restitution to Waymo and a fine of $95,000.

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