Anthony Levandowski Pardoned by Trump: Former Google Engineer

Anthony Levandowski, a former Google engineer and accomplished entrepreneur, has been granted a pardon by President Donald Trump, nullifying an 18-month prison sentence related to a trade secret theft conviction.

The pardon, issued as part of a larger set of 73 actions late Tuesday, prevents Levandowski from serving time in prison. The President also shortened the sentences of 70 other individuals. Levandowski initially received his sentence in August 2020; however, the presiding Judge Alsup stipulated that he would not be required to begin his sentence until the COVID-19 pandemic subsided.

“I, along with my family, am thankful for this opportunity to move forward and deeply appreciate the President and all those who offered their support and advocacy on my behalf,” Levandowski stated to TechCrunch.

Support for Levandowski’s pardon came from prominent figures within the technology sector, including Peter Thiel, co-founder of Founders Fund, and Palmer Luckey, founder of Oculus. Legal representation was provided by trial lawyers Miles Ehrlich and Amy Craig, and businessman and investor Michael Ovitz also voiced his support. Additional endorsements originated from individuals associated with Thiel’s organizations, such as Trae Stephens, a partner at Founders Fund, and Blake Masters, COO of Thiel Capital and president of The Thiel Foundation.

The White House released the following comprehensive statement detailing the pardon and its supporters:

Levandowski is widely recognized as a highly skilled engineer, even by those who have been critical of his actions. His bold approach and willingness to take risks, coupled with a personable demeanor, have garnered him both admiration and opposition.

He has faced accusations of misappropriating technology, experienced a dismissal from Uber, and been subjected to a $179 million financial judgment. Conversely, he is also celebrated as a pioneering engineer in the field of autonomous vehicles. In 2009, Levandowski was a key founding member of Google’s self-driving car initiative, internally known as Project Chauffeur. His contributions to this project were rewarded with approximately $127 million from Google, as documented in court records.

The legal proceedings that culminated in Levandowski’s sentencing in August were part of a protracted legal battle involving Levandowski, Uber, and Waymo, the Google self-driving project now operating under Alphabet.

In 2016, Levandowski departed from Google and co-founded Otto alongside Lior Ron, Claire Delaunay, and Don Burnette. Uber subsequently acquired Otto less than eight months later. Following the acquisition, Google initiated two arbitration proceedings against Levandowski and Ron, though Uber was not directly involved in either. However, due to an indemnification agreement, Uber was obligated to provide a defense for Levandowski.

Concurrently, Waymo filed a lawsuit against Uber in February 2017, alleging trade secret theft and patent infringement. The suit, which ultimately concluded with a settlement in 2018, claimed that Levandowski had illicitly obtained trade secrets that were then utilized by Uber.

The settlement stipulated that Uber would refrain from incorporating Waymo’s confidential information into its hardware and software. Uber also agreed to a financial settlement equivalent to 0.34% of its equity based on a $72 billion valuation from its Series G-1 round, totaling approximately $244.8 million in Uber equity.

Although Levandowski was not a defendant in the Waymo v Uber case, he would soon encounter further legal challenges.

In August 2019, the U.S. District Attorney brought charges against Levandowski alone, alleging 33 counts of theft and attempted theft of trade secrets during his tenure at Google. A plea agreement was reached in March 2020, wherein Levandowski admitted to downloading numerous files pertaining to Project Chauffeur. Specifically, he pleaded guilty to count 33 of the indictment, concerning the acquisition of the Chauffeur Weekly Update, a spreadsheet detailing quarterly objectives, weekly performance metrics, and analyses of 15 technical hurdles faced by the program, along with notes on previously resolved challenges.

The U.S. District Attorney’s office had recommended a 27-month sentence. Levandowski proposed a fine, 12 months of home confinement, and 200 hours of community service. Judge Alsup, however, determined that home confinement would “[encourage] any future talented engineer to steal trade secrets. Prison time is the appropriate response.”

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