Showing posts with label insider-trading. Show all posts
Showing posts with label insider-trading. Show all posts

2/10/2012

Ethics reform bill to ban insider trading by Congress members, executive branch passed by House

Family ties Capitol Assets: A Washington Post investigation uncovered cases where lawmakers directed money to institutions with connections to their relatives.

Πηγή: Washington Post
By Paul Kane
Feb 9 2012

The House on Thursday overwhelmingly approved its scaled-back version of an ethics reform package that would prohibit insider trading on Capitol Hill and in the executive branch.

On a 417 to 2 vote, the legislation won approval despite complaints from senators and House Democrats that GOP leaders stripped the measure of several key reforms that the Senate had easily approved.

Despite those concerns, lawmakers agreed the best step was to approve this version and head to a House-Senate conference to hash out the differences between the two bills.

After the vote, House Speaker John A. Boehner (R-Ohio) hailed what he called the “strengthened” House bill and House Majority Leader Eric Cantor (R-Va.) said the sweeping vote should put pressure on the Senate - which passed its version 96 to 3 - to just approve the House version.

“We’ve got some work to do to restore the bond” of voters, Cantor said.

The legislation unveiled by formally bans lawmakers and staff members from making financial trades based on non-public information they receive in their positions.

Rather than holding an open, freewheeling debate, as the Senate did last week, House Republicans put the ethics legislation on a fast-track schedule that forbids amendments and requires a two-thirds majority for passage.

Despite those restrictions, Republican and Democratic leaders pledged their support for their version of the Stop Trading on Congressional Knowledge Act, or Stock Act.

Cantor nixed a provision that would have required a burgeoning K Street industry of consultants who glean inside information about legislative proposals, then alert their clients — hedge funds and other investment houses — about the likely outcome so they can buy or sell their stakes in advance. Unlike federally registered lobbyists, who disclose their actions and sources of income,the political intelligence industry has operated below the radar.

“It’s astonishing and extremely disappointing that the House would fulfill Wall Street’s wishes by killing this provision,” said Sen. Charles E. Grassley (R-Iowa), sponsor of the Senate-approved amendment. “The Senate clearly voted to try to shed light on an industry that’s behind the scenes.”

Instead, the House version would mandate a federal study of the industry — which has annual revenue of $100 million to $400 million — so recommendations can be made for legislative action next year.

Cantor dismissed questions about the dropping of the political intelligence disclosure provision as something “outside of what we do” and that it was not part of what the original legislation was intended to do.

He also raised the specter that the language Grassley used to draft the disclosure was so broad it might lead to constituent groups meeting with lawmakers having to file forms based on their questions related to pending legislation.

“What is the consequence of that provision,” Cantor said, suggesting his proposed study of the industry was preferable.

In addition, the Cantor draft dropped a bipartisan provision that the Senate approved on a unanimous voice vote that would have restored some elements of federal corruption law that the Supreme Court unanimously rejected last year. This “honest services” provision served as the basis for the prosecution of lawmakers, lobbyists and former congressional staffers in connection with the investigation of lobbyist Jack Abramoff, as well as the prison sentences issued to Enron executives, but it was declared overly broad by the court.

A bipartisan group from the House and Senate judiciary committees had crafted language restoring some “honest services” provisions.

“If we are serious about restoring faith in government and addressing the kinds of egregious misconduct that we have witnessed in recent years in high-profile public corruption cases, Congress must act now to enact serious anti-corruption legislation,” Sen. Patrick J. Leahy (D-Vt.) said.

House GOP leaders have also forbidden a vote on an amendment to permanently ban line-item spending measures, instead preferring the current earmark moratorium.Rep. Jeff Flake (R-Ariz.) cited The Washington Post’s series this week on earmarking as reason to push a permanent ban.

“If we’re going to remedy insider trading, we ought to remedy this,” he said Wednesday.

Cantor added one measure that was meant as a political poke at Democrats, what aides call the “Pelosi provision,” because it restricts lawmakers from receiving access to initial public offerings of stock. Businessman Paul Pelosi, husband of House Minority Leader Nancy Pelosi (D-Calif.), participated in Visa’s IPO, purchasing 5,000 shares in the fall of 2008. Pelosi’s aides said the transaction was made through his regular broker and have since noted that she was a proponent of legislation in 2009 that the credit card industry opposed.

Pelosi’s spokesman, Drew Hammill, said that the bill was not the bipartisan measure that 285 members had co-sponsored and that Cantor had “considerably weakened” it but that Pelosi supported moving forward on the measure.

“Leader Cantor has put roadblock after roadblock up to slow this bill down, and it is now clear that the only way to heed the president’s call is to pass Cantor’s bill so we can get a conference committee where Democrats will strengthen the final legislation,” Hammill said.

The main thrust of the legislation remains intact, formalizing that insider-trading laws enforced by the Securities and Exchange Commission and other federal entities apply to those working on Capitol Hill and senior advisers in the executive branch. No case of congressional insider trading has been prosecuted, although some legal experts suggest current law would allow for it.

Two other measures that were added to the Senate bill have also been included in the Cantor draft: a requirement that lawmakers and senior executive branch aides disclose details of the mortgage on their primary residences, and a ban on bonuses for top executives at Fannie Mae and Freddie Mac.




10/26/2011

Rajat Gupta faces criminal charges in insider trading scheme


Πηγή: Deccan Herald
Oct 26 2011

Former Goldman Sachs director Rajat Gupta, one of the most prominent Indian-Americans in the country's financial scene, is likely to surrender before authorities here today as prosecutors are expected to file criminal charges against him in a massive insider trading scheme.

A report in the New York Times quoted people briefed on the matter as saying that criminal charges would be filed against Gupta. The report quoted Gary Naftalis, a lawyer for 62-year-old Gupta, who said, "The facts demonstrate that Gupta is an innocent man and that he acted with honesty and integrity."

"The case against Gupta would extend the reach of the government's inquiry into America's most prestigious corporate boardrooms. The charges would also mean a stunning fall from grace of a trusted adviser to political leaders and chief executives of the world’s most celebrated companies," it said.

Gupta was the former director of Goldman Sachs and Procter & Gamble and head of McKinsey & Company. He came under the scanner after prosecutors charged his friend Sri Lanka born hedge fund billionaire Raj Rajaratnam on insider trading charges. Rajaratnam has been sentenced earlier this month to 11 years in prison.

The NYT report said while there is no indication yet that Gupta profited directly from the information he passed to Rajaratnam, securities laws prohibit company insiders from divulging corporate secrets to those who then profit from them.

"The case against Gupta would tie up a major loose end in the long-running investigation of Rajaratnam’s hedge fund, the Galleon Group," the report said. "The legal odyssey leading to charges against Gupta could serve as a case study in law school criminal procedure class."

A native of Kolkata, Gupta had a meteoric rise to corporate success after he graduated from Harvard Business School. He advised business leaders including General Electric's Jeffrey Immelt and Henry Kravis of the private equity firm Kohlberg Kravis Roberts & Company. He had also served as special adviser to the United Nations.

Gupta's name emerged in the insider trading scheme a week before Rajaratnam's trial in March, when the Securities and Exchange Commission filed an administrative proceeding against him. The agency accused Gupta of passing confidential information about Goldman Sachs and Procter & Gamble to Rajaratnam, who then traded on the information and profited from it.

Authorities said Gupta gave Rajaratnam confidential information of Warren Buffett’s five billion dollar investment in Goldman Sachs during the financial crisis. Federal prosecutors had named Gupta a co-conspirator but he was never charged.

During Rajaratnam's trial, Goldman chief executive Lloyd Blankfein testified about Gupta's role on the board and the secrets he was privy to, including earnings details and the bank’s strategic deliberations, the report said.

Gupta fought the S.E.C.'s civil action, saying that the proceeding denied him of his constitutional right to a jury trial and treated him differently than the other Rajaratnam-related defendants.

The SEC charges against Gupta were dropped in August, but the regulatory authority said it still has the right to bring an action in federal court. SEC is expected to file a new civil case against Gupta.

At Rajaratnam's trial, the government had played a recorded conversation between Gupta and Rajaratnam in July 2008 during which Gupta had divulged that Goldman was considering a purchase of either Wachovia or American International Group.

Two of the most incriminating calls played in court pertained to tips that the government said had come from Gupta. In one call played for the jury, Rajaratnam told a colleague, "I heard yesterday from somebody who's on the board of Goldman Sachs that they are going to lose USD 2 per share."

In the other, he said to a trader, "I got a call saying something good is going to happen to Goldman." The SEC's original case provided evidence that could be used at trial against Gupta, including his phone records of September 23, 2008 when the Goldman board had met via telephone to consider Buffett's usd 5 billion investment in the financial giant.

"Immediately after disconnecting from the board call, Gupta called Rajaratnam from the same line," the SEC filing says. A minute later, Galleon funds bought more than 175,000 shares of Goldman just before the market closed, making a USD 900,000 profit when the deal was announced.

Around the time of his retirement in 2007, Gupta and Rajaratnam helped start private equity firm New Silk Route focused on investments in India. Gupta periodically visited Rajaratnam’s hedge fund Galleon in Midtown Manhattan.

"The two would order Indian or Chinese takeout and kibitz in Rajaratnam's office," the NYT report said. Gupta became an investor in Galleon’s hedge funds.


10/14/2011

Hedge fund billionaire Raj Rajaratnam sentenced to 11 years in prison; Longest-ever term in US insider-trading case


Πηγή: finfacts
Oct 14 2011

Hedge fund billionaire Raj Rajaratnam on Thursday was sentenced to 11 years in prison, the longest-ever term imposed in an US insider-trading case.

During the sentencing proceeding, Judge Richard Holwell said that insider trading"is an assault on our free markets," and added that "the crimes and scope of the crimes [committed by Rajaratnam] reflect a virus in our business culture that needs to be eradicated."

The Galleon Group founder Raj Rajaratnam, a billionaire of Sri Lankan origin and among 14 others who have been jailed in the case, two senior executives of Intel and McKinsey - - the management consulting firm - - who were friendly with Rajaratnam and are of Indian origin, earlier pleaded guilty to supplying him with insider tips. The Indian-born Rajat Gupta, a former director of Goldman Sachs who had been a partner in a business with Rajaratnam and headed McKinsey, the management consultancy firm, from 1994 to 2003, is under investigation for passing insider information on Warren Buffett's 2008 investment in the US investment bank, to Rajaratnam.

Gupta's former colleague at McKinsey, Anil Kumar, pleaded guilty in January 2010 to conspiracy and securities fraud. He invested some of the money in Galleon and made a total of $2.6m. Kumar, 52 years old, said he was approached by Rajaratnam - - a friend from their time at the Wharton School at the University of Pennsylvania in the early 1980s - - in late 2003 or early 2004 and began providing inside tips to him about McKinsey clients as far back as 2004, including on chip maker Advanced Micro Devices's (AMD) plans to acquire ATI Technologies in 2006.

Manhattan US Attorney Preet Bharara stated: "Two years ago, Raj Rajaratnam stood at the summit of Wall Street, commanding his own financial empire. Then he was arrested, tried, and convicted by a jury. Mr. Rajaratnam stood convicted 14 times over of felonies, his empire exposed as a web of fraud and corruption that entangled many. Today, Mr. Rajaratnam stood once more and faced justice which was meted out to him. It is a sad conclusion to what once seemed to be a glittering story. We can only hope that this case will be the wake-up call we said it should be when Mr. Rajaratnam was arrested. Privileged professionals do not get a free pass to pursue profit through corrupt means. The message is the same for everyone no matter who you are or how much money you have -- obey the law or face the fate of those who don’t."

According to the indictment filed in Manhattan federal court, other court documents, and statements made during related court proceedings:

From 2003 to March 2009, Rajaratnam repeatedly traded on material, nonpublic information (inside information) pertaining to upcoming earnings forecasts, mergers, acquisitions, and other business combinations. As the evidence at trial showed, the inside information was given as tips by insiders and others at hedge funds, public companies, and investor relations firms - - including Goldman Sachs, Intel, IBM, McKinsey & Company, Moody’s Investor Services, Market Street Partners, Akamai Technologies, and Polycom Inc. Based on the inside information, Rajaratnam executed trades in the stock of public companies, including Goldman Sachs, Clearwire, Akamai, AMD, Intel, Polycom, and People Support. The court found Rajaratnam earned "well over $50m" from his illegal trading.

The evidence at trial included, among other things, recordings of wiretapped phone calls between Rajaratnam and his various co-conspirators, including: Anil Kumar, a former senior partner and director at McKinsey; Rajiv Goel, a former employee of Intel; Adam Smith, a former portfolio manager and analyst at Galleon; and Danielle Chiesi, a former employee of the hedge fund New Castle Partners. Rajaratnam engaged in overlapping conspiracies to commit securities fraud with these individuals, as well as with Mark Kurland, a co-founder at New Castle Partners, Robert Moffat, a former senior vice president at IBM, and Roomy Khan, who traded securities on her own behalf.

In addition to his prison term, Rajaratnam, 54, of New York, was sentenced to two years of supervised release and ordered to pay forfeiture in the amount of $53,816,434 and a $10m fine. Rajaratnam will surrender to authorities on November 28, 2011.