Analysis: Gupta's fate may hinge on witnesses, not wiretaps - Reuters Analysis: Gupta's fate may hinge on witnesses, not wiretaps - Reuters
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Analysis: Gupta's fate may hinge on witnesses, not wiretaps - Reuters

Analysis: Gupta's fate may hinge on witnesses, not wiretaps - Reuters

NEW YORK | Thu Jun 14, 2012 12:11am EDT

NEW YORK (Reuters) - Through phone logs, trading records and a parade of witnesses, U.S. prosecutors repeatedly worked to connect the dots between Rajat Gupta, the former head of top consulting firm McKinsey & Co, and his hedge fund manager friend Raj Rajaratnam.

It is now up to a Manhattan federal jury to decide if this evidence against Gupta, a former board member at Goldman Sachs Group Inc and Procter & Gamble Co, is persuasive enough to convict him.

Historically, insider trading cases have been difficult for prosecutors to win because of their circumstantial nature. The investigation of Rajaratnam -- built on eight months of court-approved wiretaps and culminating in his conviction at trial last year -- was a major exception because the government had dozens of secretly recorded telephone calls of him discussing stock tips with friends and associates.

In the Gupta case, prosecutors only had a few wiretaps they could use to bolster their charges that Gupta supplied Rajaratnam with some of his juiciest tips. They had no telephone recording between the two men to back one of their most dramatic contentions: that Gupta, a minute after disconnecting from a Goldman board conference call on September 23, 2008, told Rajaratnam about plans by Warren Buffett's Berkshire Hathaway to inject $5 billion in the investment bank.

The jury heard evidence that Rajaratnam hurriedly ordered his traders at hedge fund Galleon Group to try to buy $40 million worth of Goldman stock in the few minutes that remained in the trading day after he received that 35-second call from Gupta.

"There was only one call to Rajaratnam's direct line in the last 10 minutes of the trading day, only one call in the last hour," Assistant U.S. Attorney Richard Tarlowe said in his closing argument Wednesday. "And it was from Rajat Gupta."

Gupta's defense lawyer, Gary Naftalis, responded: "If he was truly rushing, he wouldn't have waited a minute, he would have called in two or three seconds."

Lawyers following the trial have different opinions about how the jury might view the circumstantial evidence.

JaneAnne Murray, a white-collar defense attorney and professor at the University of Minnesota Law School, said even circumstantial government evidence in the trial could overwhelm the defense's case.

"The 'wrong place in the wrong time' defense works once, maybe twice," said Murray, who is not involved in the case. "The problem is when one is trying to defuse too many suspicious instances."

But Chicago securities lawyer Andrew Stoltmann, who is also not involved in the case, said the lack of direct evidence could lead the jury to acquit Gupta. An acquittal would halt the office of Manhattan U.S. Attorney Preet Bharara's run of victories in a series of insider trading trials over the past 15 months.

Gupta has said all along that he would put up a vigorous defense, describing the prosecutors evidence as purely speculative and circumstantial.

Defense lawyers wanted to play the jury wiretaps of a Goldman Sachs employee tipping off Rajaratnam about other companies to demonstrate that the money manger had other potential sources of information on the firm. The judge ruled that evidence was inadmissible because it was separate from anything in the indictment of Gupta and was likely to confuse the jury.

Gupta is charged with securities fraud and conspiracy, which carry a maximum prison term of 25 years.

BUSINESS AND FRIENDSHIP

Throughout the four-week trial, prosecutors also emphasized the years of friendship and business dealings between Rajaratnam and Gupta as evidence of how the defendant would benefit from conspiring with the hedge fund manager.

They also pulled out some star witnesses, including Goldman Chief Executive Officer Lloyd Blankfein, who testified that board conversations were always confidential and that he never authorized Gupta to share material corporate information with an outsider.

Defense lawyers sowed a few seeds of reasonable doubt, arguing that their client had no motive to leak inside information. They presented evidence that Rajaratnam had cheated Gupta out of $10 million in a joint investment called Voyager Capital Partners. The defense said the two had had a falling out in 2008.

Gupta's lawyers suggested that their client's calls to Rajaratnam could have been about the Voyager investment. "He was trying to get information on Voyager, and it had nothing to do in the world with Berkshire Hathaway," Naftalis said.

Geetanjali Gupta, the eldest of the defendant's four daughters, testified to her father's distress over Rajaratnam's handling of the investment at the time.

The jury also heard from associates and old friends that Gupta was respected for his integrity and had nothing to gain financially from helping Rajaratnam.

"There will be a lot discussion in the jury room about motive and lack of motive," said Tom Dewey, a partner at law firm Dewey Pegno & Kramarsky in New York, who is not involved in the trial.

The jurors paid very close attention throughout the trial to both sides of the case, with about half of them taking notes on yellow legal notepads.

Gupta at one point appeared likely to testify, but in the end did not.

He may have missed a chance to tell the jury his version of events, create more reasonable doubt and bring out more about his work in efforts to fight AIDS, malaria and tuberculosis in developing countries.

"Better than his lawyer, nobody could have sold the explanation better than Gupta as to why he did what he did," said securities lawyer Stoltmann.

The most important wiretaps in the case were conversations between Rajaratnam and two of his senior employees.

In one call, the day after the Buffett investment announcement, Rajaratnam told trader Ian Horowitz: "I got a call at 3:58, right? ... Saying something good might happen to Goldman."

On October 24, 2008 Rajaratnam is caught on the wiretap telling portfolio manager David Lau: "Um, now I, I heard yesterday from somebody who's on the board of Goldman Sachs, that they are gonna lose $2 per share. The Street has them making $2.50."

Prosecutors said Gupta had called Rajaratnam on October 23, 2008, only 23 seconds after a Goldman board meeting heard the firm was headed toward its first quarterly loss ever as a public company.

The case is USA v Gupta, U.S. District Court for the Southern District of New York, No. 11-907.

(Additional reporting by Basil Katz; Editing by Martha Graybow and Lisa Von Ahn)



Golf-Teenager Zhang relishes Tiger time at U.S. Open - Reuters UK

SAN FRANCISCO, June 13 | Wed Jun 13, 2012 11:18pm BST

SAN FRANCISCO, June 13 (Reuters) - It has been a dizzying, exciting and nervous start to the U.S. Open week for Chinese teenager Andy Zhang who has shaken hands with Tiger Woods and sat in the same interview chair as Jack Nicklaus.

Just two days ago, the 14-year-old Zhang was told he had gained a spot in the 156-player field for the year's second major, making him the youngest player to compete in the event since World War Two.

He is possibly the youngest U.S. Open competitor ever, but the tournament's records are not fully comprehensive before 1945.

Whichever way you look at it, Zhang's achievement is remarkable and he has earned the respect of golfing heavyweights such as 14-times major winner Woods and defending U.S. Open champion Rory McIlroy.

Woods made a point of walking up to Zhang on the practice range at the Olympic Club and shaking his hand, leaving the young Chinese spell-bound.

"I was on the range, hitting balls," Zhang told reporters on Wednesday about his surprise encounter with the former world number one. "My buddy, Chris, he was like, 'Hey, Andy look behind you, it's Tiger'.

"I looked back, it was Tiger walking up. I got really excited, and he actually came up to me and shook my hand. And I was like, 'Wow, I just shook Tiger's hand'. Obviously I'm really excited."

Zhang, who is based in Florida and does his school work on-line, earned his place in the U.S. Open on Monday when Britain's Paul Casey withdrew from the event because of a shoulder injury.

"I don't have that high (level) of expectation for this time," Zhang said of his goals for this week. "I just want to come out here, enjoy myself and learn as much as possible, just have fun, I guess."

Northern Irishman McIlroy, himself aged just 23, believes that is the best strategy for Zhang as he competes this week on golf's biggest stage.

WORDS OF WISDOM

"When I was 14 I was getting prepared to play in my club championship, not the U.S. Open," world number two McIlroy grinned, "so I'm not sure I could give him any words of wisdom.

"I think he should just enjoy it, take it all in and just realise that he's got so much more time to develop and mature. By the time he's 18 he'll feel like a veteran."

For the moment, Zhang is simply trying to calm his nerves and handle the bright glare of the media spotlight as best he can.

"I am really excited to be the first person that's a 14-year-old to play in this event and I'm trying to get used to all these media and fans coming up to me and sign autographs," he said.

"I am shaking a little right now sitting here," Zhang added while facing a packed interview room. "I heard Jack Nicklaus was sitting in this chair this morning. Was he?"

Golfing great Nicklaus certainly was, being honoured by the United States Golf Association in the same room earlier in the day on the 50th anniversary of his first U.S. Open victory.

"So I'm trying to get used to all this," Zhang said. "I'm not doing quite well right now."

Zhang has already done well enough this week, and benefited from having a practice round on Tuesday with Masters champion Bubba Watson and Australian Aaron Baddeley.

"And Bubba, I thought I was going to be looking up to him but actually he's just a normal person," Zhang said. "He was really nice to me and he gave me a lot of good tips."

Zhang will make his U.S. Open debut when he tees off in Thursday's opening round with Japan's Hiroyuki Fujita and American Mark Wilson. (Reporting by Mark Lamport-Stokes in San Francisco; Editing by Frank Pingue)



Emeli Sande and Conor Maynard to get Silver Clef awards - BBC News

Brits Critic's Choice winner Emeli Sande is to be recognised for "innovation in music" at this year's Silver Clef awards luncheon.

The Scottish singer-songwriter said she was "thrilled" and was "looking forward" to the event.

The annual Silver Clef awards raise funds for the charity Nordoff-Robbins, which provides music therapy for adults and children.

Sande will be presented with her award at the London Hilton on 29 June.

The 25-year-old began writing songs when she was just eight. She has collaborated with UK artists including Professor Green, Tinchy Stryder and Cheryl Cole.

Sande's debut album, Our Version of Events, recently topped the UK album chart.

She is also an ambassador for Nordoff Robbins Scotland and is planning to donate proceeds from her Glasgow Clyde Auditorium show on 6 November to the charity.

Also receiving the Silver Clef Best Newcomer award at the June event will be teenage newcomer Conor Maynard.

The 19-year old singer from Brighton found fame after uploading music onto YouTube.

In December he was selected as MTV's Brand New for 2012 artist and has been described as the UK's answer to Canadian pop superstar Justin Bieber.

Commenting on the prize, Maynard said: "The Awards have celebrated some of the most iconic artists in the last forty years, and it is incredible to be anywhere near that list."

"I'm really looking forward to it and can't thank Nordoff Robbins enough," he added.

Sande and Maynard will join Andrew Lloyd Webber, Jessie J, Michael Buble and Laura Wright who have already been announced as this year's other Silver Clef award recipients.


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