The U.S. government has accused Rajat K. Gupta of leaking sales
forecasts for Procter & Gamble in late 2008.
U.S. prosecutors have filed a new insider trading claim against
Rajat K. Gupta, the former director of Goldman Sachs and Procter &
Gamble who is accused of leaking secret corporate information to the
hedge fund manager Raj Rajaratnam.
In a letter filed with the court, the government accused Mr.
Gupta of leaking to Mr. Rajaratnam sales forecasts for Procter &
Gamble in late 2008.
Mr. Gupta told Mr. Rajaratnam about "P.&G.'s organic sales growth
forecast for the October-to-December quarter prior to P.&G.'s public
announcement on or about Dec. 11, 2008," said the letter, which was
made public on Monday.
Last October, prosecutors charged Mr. Gupta, the former global
head of the consulting firm McKinsey, with leaking to Mr. Rajaratnam
boardroom secrets about Goldman and Procter & Gamble.
Mr. Gupta, 63, is the most prominent business executive ensnared
by the U.S. Justice Department's sweeping crackdown to root out
insider trading on Wall Street and in corporate America.
With Monday's charge, the government has now accused Mr. Gupta of
providing Mr. Rajaratnam with five separate illegal tips, including
word about Warren E. Buffett's $5 billion investment in Goldman
during the financial crisis.
In another count, prosecutors say that Mr. Gupta took part in
2007 in a Goldman board call from the offices of the Galleon Group,
the hedge fund run by Mr. Rajaratnam. Mr. Gupta learned that
Goldman's earnings, set for release the next morning, were going to
be strong, the government contends. About 25 minutes after the board
call, trading records show that Galleon bought at least $70 million
worth of Goldman shares, allowing the fund to profit when the bank's
stock rose the next day.
Gary P. Naftalis, a lawyer for Mr. Gupta, has said his client is
innocent of all charges and has called the government's charges
"totally baseless."
Mr. Gupta's trial is set for May 21.
Mr. Rajaratnam, who was convicted by a jury last May of
orchestrating a huge insider trading ring, is serving an 11-year
prison term.
In a letter to Judge Jed S. Rakoff of U.S. District Court in New
York, the government said that the new accusation involving Procter
& Gamble was based in part on instant messages and e-mails that
prosecutors reviewed last week as part of the pretrial discovery
process.
Unlike the case against Mr. Rajaratnam, in which the government
had dozens of secretly recorded telephone conversations between the
hedge fund manager and his accomplices, in the case against Mr.
Gupta, the government has no direct evidence that shows him engaging
in insider trading. Instead, the government plans to build a case
based on circumstantial evidence -- like phone bills and trading
records -- to establish Mr. Gupta's guilt.
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News Column
Charge Added in US Insider Trading Case
April 18, 2012
Peter Lattman
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Source: (C) 2012 International Herald Tribune. via ProQuest Information and Learning Company; All Rights Reserved
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