Tuesday, 2 September 2014
Last updated 7 hours ago
May 21 2013 | 1:57pm ET
Former McKinsey & Co. chief Rajat Gupta's lawyers asked a federal appeals court to do what no other judges have done yet: find wiretap evidence inadmissible in an insider-trading case.
The U.S. Second Circuit Court of Appeals heard arguments on Gupta's request to have his conviction thrown out, with the Raj Rajaratnam tipster's team arguing that the wiretaps, on which Gupta is not heard himself, should not have been admitted at last year's trial. Gupta was convicted of passing tips about two companies on whose boards he served, Goldman Sachs and Procter & Gamble, to the Galleon Group founder and was sentenced to two years in prison.
Gupta's lawyer, Seth Waxman, sought to cast doubt on some of the prosecution's best evidence, a phone call—not recorded—by Gupta to Rajaratnam immediately after a Goldman board conference call, at which an investment by Warren Buffett was discussed. One wiretap, soon after that call, shows Rajaratnam telling a Galleon trader that he received a tip that "something good might happen to Goldman."
"In a life full of board meetings, he came out of meetings and returned calls," Waxman said.
The three-judge panel didn't seem convinced.
"Are you telling us that's a coincidence?" U.S. Circuit Judge Jon Newman said.
But another judge on the panel seemed to question whether one call, between Rajaratnam and a Galleon trader, should have been admitted. After prosecutor Richard Tarlowe said that Rajaratnam was "sharing with Lau significant information that the public doesn't have," U.S. Circuit Judge Rosemary Pooler dismissed him, saying, "I didn't see that in the conversation."
A different panel of the same court is considering a similar appeal by Rajaratnam, but has not ruled.
Aug 25 2014 | 11:21am ET
As many of you know, FINalternatives was recently acquired by the owners of Futures magazine, a firm called The Alpha Pages LLC. Today marks the soft-launch of a new sister site for both publications. As its name suggests, The Alpha Pages will cover all types of alternative investments, going far beyond the more well-known ones such as hedge funds and private equity. Read more…
Commodities/Futures magazine launched at the precipice of a revolution in the futures industry—really a revolution in the idea of risk management—that would move it from a small niche industry to ...