The incarceration of a financial analyst accused of stealing company trade secrets—and what that arrest means for future cases of its kind—has prompted one New York Supreme Court justice to question whether the Manhattan district attorney’s actions have been “over the top.”

The remarks by Justice Jeffrey Oing, who sits in the Commercial Division, came during an order of attachment hearing last month against Kang Gao, a former quantitative analyst at the hedge fund Two Sigma Investments who is caught between simultaneous criminal and civil proceedings arising from the same allegations.