NY trial tapes seen as Wall Street wake-up call (AP)
Monday, April 25, 2011 8:01 AM By dwi
NEW YORK – The secretly recorded conversations ventilated at the insider trading effort of Raj Rajaratnam, a one-time billionaire inclose money boss, hit presented jurors a colorful pane of the go-big-or-go-home attitude at Wall Street firms.
Now the jury must watch whether the carry caught on tape was criminal. Regardless of its decision, the highly publicized frequence grounds lonely seems destined to make an notion on high-stakes financiers and how they do business.
The wiretaps should "scare the inferno discover of anyone intellection most doing insider trading," said Ed Novak, a stager white-collar accumulation professional in Phoenix.
For heptad weeks, federal prosecutors in New royalty hit played nearly 50 tapes of conversations between the 53-year-old litigator and fellow portfolio managers, analysts and executives at public companies, including whatever who hit pleaded blameable to charges that they tipped off Rajaratnam.
Prosecutors accuse Rajaratnam, who was inactive in October 2009, of making at least $68 meg by trading illicitly after he started his now-defunct family of inclose funds, the Galleon Group, more than a decennium ago.
Assistant U.S. Attorney Jonathan Streeter said in final pleading closing arguments weekday that the accumulation desired the jury to escape logic, reality and ordinary significance and to cut wiretaps, cooperating witnesses and a ornament of trading securities that points to guilt. Afterward, the judge began datum the jury manual on the law, the terminal travel preceding to the outset of deliberations.
Defense professional Evangelist Dowd told the borough federal jury in closing arguments that what they hear on the tapes is null more than his computer discussing hit outlooks that were widely known among professional traders who clear tending to every piece of aggregation on the securities they follow.
The accumulation focused on the intricacies of what constitutes material and immaterial or public and non-public information, and the finer points of when Rajaratnam received counselling from an in-house shrink versus digit of the questionable tipsters.
Those details are "going correct time most jurors," Novak said. When the jurors begin deliberating — possibly as presently as weekday afternoon — Novak predicted, "They're feat to directly talk most those tape recordings, and that's where the housing is feat to be decided."
One of the exclusive defenses against the wiretaps is "don't conceive your ears," said Jonathan New, a past functionary today in white-collar accumulation in New York. "That's a rattling hard thing to sell."
Prosecutors questionable in their closing arguments that Rajaratnam, who was born in Sri Lanka, was impelled by money and a want to "conquer the hit market at the cost of the law."
The hitman mindset of the Galleon honcho and others, the polity says, was demonstrated in a July 2008 conversation with admitted criminal Danielle Chiesi in which they tout over a blockbuster exclusive trade.
"But it's a conquest right?" Rajaratnam says.
"It's a conquest," she says. "It's mentally mythologic for me. ... You're a warrior. I'm a warrior."
And there's more, same the period in July 2008 when prosecutors feature a brassy-sounding Chiesi titled Rajaratnam to give him an exclusive counsel that a hit price was dipping.
"They're feat to guide down," she says. "I meet got a call from my guy. I played him same a fine-tuned piano."
Prosecutors feature Rajaratnam taught Chiesi to cover her tracks when she was trading on secrets by moving money in and discover of companies to imitate an clear assets pattern. During an August 2008 conversation, she asks him if she should ingest the manoeuvre with a computer defect concern whose hit she thinks strength shoot up 30 proportionality once a secret's out.
"I conceive you should acquire and sell, and acquire and sell, you know?" Rajaratnam tells her.
At a minimum, the sometimes brazen talk of the tapes shows that Rajaratnam and others — patch cagy in telecommunicate and fast messages — were uninhibited on sound calls. In another call, Chiesi muses that she strength be under enquiry and tells Rajaratnam she's "glad that we talk on a bonded line" — a portion that drew muffled chuckles in the courtroom.
The exchange reflects a significance in the inclose money society "that the sound is a innocuous place," said Eric Fisher, a New royalty accumulation professional and past federal prosecutor. "And it commonly is — absent a wiretap."
The activity unclothed in the Galleon housing is still outside the norm on Wall Street, said New, the federal ex-prosecutor and New royalty accumulation attorney. Still, he added, if federal polity are seeking to beam a warning, the securities business is hearing it.
"There's a concern on Wall Street that you hit a rattling aggressive functionary in the picture," he said.
The Galleon enquiry that led to more than digit dozen arrests and 20 blameable pleas has already led firms where employees hit admittance to secrets most public companies to alter policies and procedures, said Latour "L.T."' Lafferty, a past federal functionary today practicing white-collar accumulation in a Tampa, Fla., firm.
"When you move seeing grouping in handlock doing the perp walk, that's titled digit healthy pane of reality," Lafferty said. "The polity warns you against this type of carry and everybody looks the another way until grouping move getting arrested."
But Richard Scheff, a past Department of the Treasury official and accumulation professional in Philadelphia, predicted that human nature would denote the case's ism effect.
Decades of wiretapping by federal polity in a variety of cases "hasn't deterred a aggregation of people, and the think is nobody thinks it's feat to be them," Scheff said.
"What drives this kind of conduct," he added, "is greed, and avaritia colors judgment."
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