Martoma Lawyer Says Supreme Court Ruling Bars Charges

Jul 9 2013 | 12:22pm ET

Mathew Martoma, the former SAC Capital Advisors portfolio manager accused of insider-trading, is trying to have the case against him cut in half.

Martoma's lawyers have asked U.S. District Judge Paul Gardephe to dismiss allegations related to trading in Elan Corp. American depositary receipts. Since Elan is a foreign corporation whose shares trade abroad, Richard Strassberg argues, the Securities and Exchange Commission is barred from bringing a case about it by a 2010 U.S. Supreme Court decision.

"Mr. Martoma respectfully requests that this court dismiss all charges related to transactions in the securities of Elan Corp., Plc, an Irish corporate with stock publicly traded on the Irish and London stock exchanges." In Morrison v. National Australia Bank, the Supreme Court ruled that U.S. securities laws do not protect foreign investors who buy stocks on overseas exchanges.

Strassberg said he was not seeking the dismissal of the other charges against Martoma, related to trades in New Jersey-based Wyeth LLC, but that he might do so later.

Martoma's trial is set to begin in November.


In Depth

Steinbrugge: Top 10 Hedge Fund Industry Trends for 2017

Jan 3 2017 | 9:03pm ET

Each year, Agecroft Partners' Don Steinbrugge predicts the top hedge fund industry...

Lifestyle

'Tis the Season: Wall Street Holiday Parties Back In Fashion

Dec 22 2016 | 9:23pm ET

Spending on Wall Street holiday parties has largely returned to pre-2008 levels...

Guest Contributor

DarcMatter: The Top Trends in Alternative Investments for 2017

Jan 13 2017 | 8:22pm ET

The $7 trillion alternative investments industry is poised for continued growth...

 

From the current issue of

Securities and Exchange Commission Chair Mary Jo White will step down as chair of the nation’s Wall Street overseer in January, setting the stage for a potential conservative shift in the regulator’s leadership under the incoming Donald Trump administration.