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    Rajaratnam Guilty of Insider Trading: Chilling Effect or Business as Usual?

    Billionaire hedge fund manager Raj Rajaratnam has been found guilty on all 14 charges of insider trading, conspiracy and securities fraud. The government says the former head of Galleon Group netted over $63 million in gains on trades based on inside information.

    Rajaratnam, who is expected to appeal, faces up to 19.5 years in prison. Sentencing is schedule for July 29.

    The ruling caps a far-reaching investigation that began in 2008, when federal agents began tapping Rajaratnam's phone. Recordings of those conversations, in which Rajaratnam seemingly boasted about trades made on insider information, no doubt played a key role in the jury's decision.

    The government's investigation led to insider trading charges against 25 defendants alleged to have participated in an network led by Rajaratnam. Prior to today's ruling, 21 of those defendants plead guilty, including former executives at IBM, Intel and Bear Stearns. (An additional 22 people have been charged with insider trading unrelated to Rajaratnam's network and 14 more have been convicted, according to the Manhattan U.S. Attorney's office.)

    Because of the widespread nature of the investigation — and the guilty pleas and rulings — the hope is the Rajaratnam case will have a chilling effect on traders who might be inclined to break the rules.

    "The message today is clear — there are rules and there are laws, and they apply to everyone, no matter who you are or how much money you have," Manhattan U.S. Attorney Preet Bharara said in a statement following the verdict. "We will continue to pursue and prosecute those who believe they are both above the law and too smart to get caught."

    The government's investigation may make hedge fund managers more careful about what they say on the phone — or via email and instant message — but it's unlikely to materially change behavior on Wall Street, as I discuss with my Breakout colleagues Jeff Macke and Matt Nesto in the accompanying video. The reality is there's too much money at stake, greed is part of human nature and morality can't be legislated, as Macke notes.

    We're also skeptical about the ruling's ability to restore investors' confidence in the market, which has been shattered by a decade of burst bubbles, accounting scandals and bailouts. Rajaratnam's impact on the economy and society at large was minuscule compared with that of the CEOs of Wall Street firms and mortgage brokers whose actions led to the crisis of 2008. Unless and until any of those folks go to jail — or at least are forced to disgorge their ill-gotten billions — events like the Rajaratnam ruling are only going to help at the margins, at best.

    The fact the ruling comes the same week as Citigroup's reverse stock split and the Treasury Department's sale of AIG stock is a stark reminder of how much work federal investigators have to do - if only they'd get started. (See: There's Another Crisis Coming as Long as Banks Remain Above the Law: Bill Black)

    Aaron Task is the host of The Daily Ticker. You can follow him on Twitter at @atask or email him at altask@yahoo.com


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    199 comments

    • Bea Crumpett  •  1 year 0 months ago
      How many "Raj's" are out there... countless. AIG insured the investment bankers bad investments and the US Govt bailed them all out... once you learn to dance around the obvious enough, you'll never get caught selling insider information
    • Boomer  •  1 year 0 months ago
      So we go after a guy who made a couple of mil on some insider knowledge he used but then that is vague line and easy to straddle. But we didnt go after the people responsible for the crisis that is still going on to this day that the government swears isnt getting worse. We allowed the mortgage guys and the banks that just handed out loans like they were water to keep what money they made with not even a stern warning hell we looked at them and went awwwwe poor babies u guys stuck ur hand in the cookie jar and got it stuck here let us free ur hands and hell we will even have the taxpayers come buy u more cookies to fill ur cookie jar so u can do it again.
    • peter hebert  •  1 year 0 months ago
      holy crap! what a transparent exercise in rationalization and a great sign of the contempt that wall street holds for basic securities laws.

      It is illegal to profit from inside information. Period. Trust and confidence in the public markets is required for capitalism to work and inside trading, just like false dealing in cards, undermines the very basis for capitalism.

      I get that defining inside information can be dicey. But the evidence against this guy was not walking that fine line. It's alternately sickening and laughable to hear them imply it's ok because he didn't make enough money from his insider trading to be a crime, or imply that he shouldn't go to jail because it won't deter other hedge fund managers from doing the same thing.

      This nicely summarizes a big chunk of what is wrong with this country right now. A rich guy broke the law to get richer. The media is trying to convince the public he shouldn't go to jail for it.

      Imprisoning small time drug dealers (another victimless crime) does not deter other drug dealers. But I don't hear many talking heads suggesting we stop arresting them. Many drug dealers aren't arrested, even though cops know what they are doing due to lack of evidence. I've never heard anyone suggest we shouldn't prosecute burglars because we haven't arrested enough drug dealers yet. The logic used would shame a 5th grader.

      Thanks for giving these morons a pedestal.
      • Macke 1 year 0 months ago
        And thank you for using the pedestal we gave you here, Peter.

        He was convicted and is going to prison. Repeating "He was convicted and going to prison" for 5 minutes seemed less than compelling video. I'm in favor of enforcing laws which can be clearly defined. "Material, non-public, information" is generally less so. Since Raj was obviously already convicted, and given the vagaries of the law, we went ahead and looked at the meaning of all this.

        My point was, is, and shall remain that Raj was guilty and should do the time. That said, actually prosecuting him was a function of a case started in the wake of the crash, when vilification of all things "Wall St." was politically expedient. Political gain is absolute only reason anyone tried to make a high profile insider trading case at all. Madoff, who will quite deservedly die in prison, ran a Ponzi scheme; go get more hedge funds.

        The Feds are still (apparently) trying to take down SAC. They can't seem to get Steve Cohen so they nabbed Raj. Not one thing will change as a result. Nothing. You're right, and I said, that this case and conviction were about perception. The government perceived a way to restore confidence in the stock market. I can either buy into it or call it what I believe it to be.

        What's right about this country is you get to watch an entirely free media voice express an honest opinion with no agenda. It's also right that you can have some conspiracy theory about what the "media" is trying to get anyone to think. You can say my work is a nice summary of what's wrong with America with no threat of reprisal, despite the fact that I am both "media" and "Wall St." and should thus be able to summon my jack-booted thugs to dispatch of you and your bright light of justice.

        Your freedom strikes me as very, very right, Peter. It's a shame you find the manner in which I express that same freedom of expression objectionable but I'm okay with it.

        Enjoy your right to free speech and thought, Peter.

        - Macke
      • Crouch 1 year 0 months ago
        As to the SEC, better late than never. Better to convict a small criminal than to let him go free. Better to let a big fish go until you have the evidence. I'm just glad to see them protecting the market in some small way even if it is just a dog and pony show.
        It is still better than doing nothing as they used to do.
      • Jordan F 1 year 0 months ago
        Macke - Do a better job to expose these guys!!! I'm a student and am perplexed at why objective journalists such as yourself don't do more with your power. Obviously you need to keep your job and appease your bosses but America is being robbed and I would bet only a tenth of the country knows or even thinks about how it happened.. probably due to the fact that this pile of @#$% were in already destroyed the middle class and people in the lower echelons of society could give a rats @#$% about trying to get an education because its nearly financially impossible or will bind them to debt the rest of their lives. As a side note.. im white and will call myself spoiled because i've had the opportunity to get an education without being chained to a credit card the rest of my life... but I find it fitting of the American gov to convict the darkest of the offenders. i don't see how they can't find evidence on the big dicks of wall street.. they just don't care. Timothy geithner is still part of the white house for christ sakes
    • LJA  •  1 year 0 months ago
      Get the rest of them. Why this one? Go get ALL of them!!!
      • Dontknowjack! 1 year 0 months ago
        They only got this one because he is not white & a bank CEO. In other words, they set the example that inside trading is only legal for white wealthy american & corporations.
      • rick jones 1 year 0 months ago
        Thats @#$% dontknow...more whites are in the slammer for this activity than any other race on this earth. Its usually foreigners pulling this crap and getting away with it.
    • John Ledger  •  1 year 0 months ago
      They are all crooks and the cause of all the financial trouble in the west today.It's about time they had a taste of real justice.A minimum of 10 years would be a good start.
    • Scott, Bond Servant of Ch ...  •  1 year 0 months ago
      Instead of sending these insider crooks to jail why don't we just take all their money, ie: their houses, their bank accounts - even those that they set up for the kids and wives - and apply it towards the deficit and those that they have committed the crime against - mainly the American public and market and creditials and put a permanent mark on them so that they can no longer be in the equities markets? If you are going to live your life as a crook and an immoral facist then you can have the mark and start from scratch.
      • The Truth 1 year 0 months ago
        When Martha Stewart was caught it was a joke. She make tens of millions for what 18months in the cozy white collar dorm like detention facility. Send them to a regular prison let the other cheaters know up front that they will be suffering just like the guy who perfroms grans theft. I would GLADLY set my happy butt in a cozy white collar detention center for that kind of cash. TAKE ME, I'll take it to be rich.
    • Redwoodkape  •  1 year 0 months ago
      Neither Macke nor Nesto say that Raj did not break the law. They appear to be saying that nothing should be done because "you can't legislate morality." Well, maybe we shouldn't prosecute rapists and pedophiles for the same reason. Raj is convicted. Don't do the crime if you can't do the time.
      • STEVE 1 year 0 months ago
        You can't force people to behave morally, but you can outlaw immoral behavior and hope fear keeps the naughty in line.
      • Jeff Macke 1 year 0 months ago
        There is nothing abstract about rape or pedophilia. To eliminate that portion of my argument is to... well, it's to do the exact thing that you did. It's akin to me cutting and pasting you saying "we shouldn't prosecute rapists and pedophiles".

        Are you really equating rape and pedophilia to a crooked hedge fund manager's crude inside-information scheme? I sure as heck wasn't.

        I like a good debate but your argument is offensive to me.

        - Macke
      • TRUTH 1 year 0 months ago
        Macke,

        You have no argument, if anything you are just pissing off the people reading your nonsense. Karma sees no limits and will ultimately get those who ignore it.
    • 1phoenix  •  1 year 0 months ago
      Great quote by the US attorney ; "there are laws....etc. What a load of @#$%.
      There was also a law which governed the issuance of mortgages. It stated that banks MUST verify that the borrower is able to afford the mortgage. Anybody prosecuting that one ? Of course not. Any politician who attempted to do so would lose massive political donations. Bank and broker big shots laid low for a year or so. Now they're right back to getting massive compensation.
      Banks created 64 diiferent types of mortgages to maximize the pool of debts they could sell. They KNEW most of them would fail. Any idiot with a high school education KNEW they would fail All they needed to do was throw a couple of good ones in to sell the bond. People lost homes, jobs and pensions. The banks, and more important, the BANKERS, are back to business as usual. This country has gone in the toilet. America's slogan for the 21st. century: " He who has the most money wins".
    • Gibby  •  1 year 0 months ago
      When are the Wall Street Banks CEO and Board goes to Jail, Here is a hand full of banks that broke our country and we bail them out and no went to Jail. See the Inside Job for the true story. How about star locking up the big wall Street Banks. Oh that right they donate to all the lawmaker including the office of the President on both sides, It is true we had the best lawmaker money can buy!!!!
      • Cami 1 year 0 months ago
        Sorry Gibby, so disagree that it all falls on the banks. Everyone in American was a greedy pig in the go go days. It wasn't just the banks. Everyone loved housing prices going up, builders loved slapping them together, workers liked building them, sales people made hugh commissions and yes banks traded them. It was a bubble and I hate seeing one group targeted when it was our whole system that fostered this, including myself. Love the equity I once had. Thankfully, it wasn't all about just buying to sell for me and for millions of other regular people in this country so we are not now close to loosing our homes.
    • oldmanriver  •  1 year 0 months ago
      Macke and Nesto's persona on air showcases why we, Mom & Pop investors, don't feel this is insignificant. While they were nowhere to be found, as were other commentators about the dangers inherent in the leveraged mortgage markets, there brethren shorting the very instruments they invested our assets in, we were losing our college funds in 529 plans (see Oppenheimer lawsuits & settlement), losing our retirement in our 401k plans, and the value of most individuals greatest asset, their home.

      If Macke is cynical about this conviction, we are more than cynical about hedge fund managers and the large financial institutions that have not been held accountable for their outrageous mismanagement of financial markets. He projects a sense of being above accountability, where greed and ego, take the place of integrity.

      We want more heads on the block, because they belong there, along with the Barney Franks of the world who seem to love to find the highest pulpit to speak down at we lowly commoners. We who are supposed to accept your mismanagement of our investments while forced to listen to you lecture, as if your incompetence never existed and no one should be held accountable.

      Just continue to be cynical Macke, because we are going to ask for the heads of many more significant players in this fiasco you are a part of.
    • changenow  •  1 year 0 months ago
      Its time to put the white collar criminals in a real prison not some pansy prison so they get the full flavor of what prison is like among convicted burglars and their kind. Members of Congress can't be convicted of insider trading(reported by Wall Street Journal) so you don't expect them to
      push for major overhauls of the market-you might have to convict them.
    • risk_taker  •  1 year 0 months ago
      Seem like Raj forgot to BRIBE the top brass of Securities and Exchange Commission.This is nothing new, Wall street is full of insider trading rich make more money out of it and we small investor always get screwed on top of that these commercialized media (useless) will let you know only what is good for them.
    • Mark  •  1 year 0 months ago
      So happy to learn the prosecution prevailed and the blatant efforts by Raj to obtain and use inside information will be punished. Other criminals beware!!!! Hope he pays restitution and serves at least 10 years in a medium security prison.
    • Jim  •  1 year 0 months ago
      I'd be more interested in seeing the architects and players in the mortgage industry meltdown go to jail for the market manipulation that created the 2008 crash. That damage has been felt by millions of middle class people around the world in their day to day lives: housing values and portfolio values plummet, pension payments reduced, etc., just when millions of people are either recently retired or looking to retire soon.

      It's easier to wire tap one guy, take him down and make a big PR event of it than it is to investigate and try thousands of people in the mortgage, investment banking, real estate businesses and related government agencies - all of whom had a field day ripping off the middle class left and right in an unregulated environment. Those are the people the general public needs to worry about. And they are still walking freely amongst us.
    • RATIONAL ANGER  •  1 year 0 months ago
      Raj is just one of the few that got caught. It's like illegal immigration, they catch 445,000 and 3 to 4 times that many get through. Much like immigration wall street is regarded with the same passe attitude. To say it is widespread and impossible to effectively control is no answer.
      To solve this problem will require a commitment and a zero tolerance by the SEC and the US Attorneys Office. If there are no serious consequences there is no serious regard for the law. We produce more lawyers than any nation on earth. We have 2.2 million people in prison. Yet we have a system that has a propensity to evade prosecution of white collar crimes. It's true, you cannot legislate integrity, however simply and consistently enforcing the law is a start.
    • Jerry Moore  •  1 year 0 months ago
      A Chilling Effect on Business as Usual? I certainly hope so!
    • toby  •  1 year 0 months ago
      Messrs Nesto and Macke are, perhaps, allowing a natural tendency toward cynicism to place themselves in the victims camp entitled "Overwhelming Odds". Yes, there are a large number of greedy, unprincipled people in the world. Yes, many rich people break laws knowingly out of a sense of entitlement and avarice. No, the law enforcement community cannot catch all lawbreakers. However, the investing community, of which we are all members, would do well to celebrate small victories, even if we are suspicious of the motivations of law enforcement. The possible should not become a sacrifice on the altar of the perfect.

      We live in an imperfect world. America is great because we aspire to live in a society ruled by law, not by privilege; not because we have achieved that happy state.

      I invest, purchase stocks, buy bonds, essentially lending cash that I have earned through years of hard work. I do so because I believe that I will benefit from the value added produced by the companies or government entities that I invest in. I and millions of other small investors will cease to play the game if we believe that it is rigged against an intelligent bet fostered by due diligence and research.
    • Citizen  •  1 year 0 months ago
      Now I feel safe buying stock today. |o| There are several thousand others who need to come to the table about their insider trading practices. How else do brokers make their money.
    • Glenn  •  1 year 0 months ago
      get a DUI, and the penalty is worse than bilking b/millions from insider trading and go to Club Fed. Utter nonsense.
    • -  •  1 year 0 months ago
      That's great that they got this guy. Now, how about all the rest of the crooked slime? Too big to fail?

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