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http://www.ft.com/cms/s/0/c3a18da0-4432 ... z1GNpn87lUEx-Goldman director in insider case
By Kara Scannell in New York
Published: March 1 2011 19:01 | Last updated: March 2 2011 01:42
Rajat Gupta, who ran McKinsey for almost a decade, has been hit with civil insider trading charges for allegedly sharing secret information he learnt as a board member of Goldman Sachs and Procter & Gamble with Galleon Group founder Raj Rajaratnam.
The Securities and Exchange Commission’s charges allege Mr Gupta shared information about Warren Buffett’s $5bn capital infusion into the bank in 2008 within one minute of the board’s approval of the deal.
EDITOR’S CHOICE
Civil charges threaten to tarnish Gupta’s career - Mar-02Rising to the top at McKinsey - Mar-02Ex-Galleon managers admit insider trading - Jan-27In depth: Insider trading scandal - Oct-22Morgan Stanley named in Galleon case - Jan-22US technology analyst admits fraud charges - Jan-12The infusion, at the height of the financial crisis, was critical for assuring investors about Goldman’s sustainability after the Lehman Brothers collapse.
The insider trading charges against Mr Gupta are a stunning setback for the one-time global managing director of McKinsey, the consulting firm. It also marks one of the highest profile insider trading charges brought against a bank director.
After stepping down from McKinsey in 2003, Mr Gupta joined the Goldman board in 2006, where he was a member of its audit, corporate governance and compensation committees. He left the board in May 2010 following news reports that he was under investigation.
Statement of Gary Naftalis, counsel for Rajat Gupta
The SEC’s allegations are totally baseless. Mr Gupta’s 40-year record of ethical conduct, integrity, and commitment to guarding his clients’ confidences is beyond reproach. Mr Gupta has done nothing wrong and is confident that these unfounded allegations will be rejected by any fair and impartial fact finder. There is no allegation that Mr Gupta traded in any of these securities or shared in any profits as part of any quid pro quo. In fact, Mr Gupta had lost his entire $10 million investment in the GB Voyager Fund managed by Rajaratnam at the time of these events, negating any motive to deviate from a lifetime of honesty and integrity.
Mr Gupta’s lawyer called the allegations “baseless” and said his client did nothing wrong. Mr Gupta has not been charged criminally. Mr Rajaratnam is expected to go on trial next week on criminal insider trading charges. His spokesman said: “This is simply an effort to destroy a favourable witness. There is no case, absolutely none. No conversations, no benefit, no nothing.”
Mr Rajaratnam has denied wrongdoing. A Goldman representative declined to comment.
The tips netted $18m in profits for Galleon, says the SEC. Mr Gupta benefited, the watchdog alleges, through his investment in a Galleon fund that had stakes in other Galleon funds that profited by the trades.
The SEC alleges Mr Gupta took part in a special phone meeting of Goldman’s board on September 23, 2008, to consider Mr Buffett’s investment through his company, Berkshire Hathaway. Following the 38-minute call, Mr Gupta called Mr Rajaratnam and tipped him off about the investment, the SEC alleges. Minutes before the market closed, at 3:56pm and 3:57pm, says the SEC, Galleon funds bought 175,000 Goldman shares, which it sold next day for more than $900,000 in profits.
Mr Gupta, 62, allegedly advised Mr Rajaratnam that Goldman would exceed analyst expectations in the second quarter of 2008. Mr Gupta, who was also a P&G board member, allegedly told Mr Rajaratnam the consumer products group’s organic sales would be less than had been reported. Mr Rajaratnam shorted the stock, betting it would decline, for a $570,000 profit. Mr Gupta resigned from the P&G board on Tuesday.
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