‘Gupta should end challenge to insider trading verdict’

The US has opposed India-born former Goldman Sachs director Rajat Gupta’s fresh appeal to overturn his insider trading conviction, saying he should now end his challenge to the jury’s “well-founded” verdict that he gained from his illegal tips to <g data-gr-id="28">ex-hedge</g> fund founder Raj Rajaratnam.

“Three years after being convicted at trial, Rajat Gupta seeks to continue litigating a question that is not now and has never been debatable,” said Preet Bharara, US Attorney for the Southern District of New York. “Whether he violated the securities laws by repeatedly tipping his longstanding business associate, Raj Rajaratnam with material non-public information that Rajaratnam used to reap millions of dollars in profits and avoid millions of dollars in losses,” Bharara said in the opposition filed in federal court here on July 31.

In opposing Gupta’s motion for issuance of a Certificate of Appealability, Bharara said Gupta cannot seek to overturn his conviction and two-year prison term, citing the federal Appeals Court’s recent decision in which it had reversed the insider convictions of hedge-fund managers Todd Newman and Anthony Chiasson.

In the landmark ruling, the court had ruled that for an insider trading conviction prosecutors must show that a defendant received <g data-gr-id="21">personal</g> benefit for passing illegal tips.

Gupta, 66, is currently serving his?prison term in a federal prison in Massachusetts along with Rajaratnam. Bharara said when it comes to Gupta’s guilt, Newman “changes nothing”.

“Because no reasonable jurist would find this court’s assessment debatable or wrong, Gupta is not entitled to a certificate of appealability,” Bharara said.