Ex-Uber CISO Requests a New, Fair Trial

Attorneys for Joseph Sullivan argue the jury didnt hear essential facts of the case during the original trial and that his conviction must be overturned.

Former
Uber CISO Joseph Sullivan
, convicted in 2023 of trying to cover up a data breach, is seeking a new trial, citing procedures omissions from his original trial that his lawyers said tainted the verdict.
Sullivan was initially convicted on charges related to Ubers 2016 data breach and was sentenced to
three years of probation
for his role in the subsequent coverup.
Sullivan was also ordered to pay a $50,000 fine and perform 200 hours of community service. These penalties were considered too soft by the prosecution, which argued that a 15-month prison term would have been more beneficial in deterring other executives in similar situations.
Now, Sullivans defense attorneys argued that the jury was not informed of two key limitations in the nexus requirement, when Sullivan was initially tried. To convict a defendant under
section 1505
, the government must prove there was an agency proceeding; that the defendant was aware of that proceeding; and that the defendant intentionally tried to corruptly influence, obstruct, or impede that proceeding. According to the defense, these requirements werent part of the jurys instructions, which undermined the entire conviction and called for a reversal.
But at a minimum, each of these errors infects one of the governments core theories of guilt and require a new trial, Sullivans attorneys argued during this weeks hearing.
The prosecution countered that any potential errors in jury instruction were harmless and, ultimately, Sullivans actions of falsifying documents and authorizing hush money in the form of bug bounties were a clear obstruction of justice.
The court made no decision today, but CISOs, boards of directors, and legal scholars will be watching the ruling, given how Sullivans conviction has led to more legal scrutiny of and charges against CXOs, especially where compliance with data-handling laws is concerned.

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Ex-Uber CISO Requests a New, Fair Trial