Rajat Gupta's insider trading conviction: Will it curb Wall Street crime?

Gupta's fall from the top echelons of finance could reverberate throughout the industry, which is already coming under increased scrutiny from the feds

Former Goldman Sachs board member Rajat Gupta
(Image credit: REUTERS/Lucas Jackson)

On Friday, a jury in New York found Rajat Gupta, a former board member at Goldman Sachs and Proctor & Gamble, guilty of insider trading. It was a stunning fall from grace for Gupta, 63, who overcame orphanhood in Kolkata, India, to become the head of the prestigious consulting firm McKinsey. His conviction was also the culmination of a years-long crackdown on a vast insider-trading network orchestrated by billionaire hedge fund manager Raj Rajaratnam, who was sentenced in 2011 to 11 years in prison. Prosecutors have made use of a new arsenal of investigatory tools — most notably wiretapping, which was cleared in 2010 as a tool to collect evidence for insider-trading cases — to net 60 Wall Street traders and executives in Rajaratnam's ring who have either pleaded guilty or been convicted. Will Gupta's insider trading conviction further curb bad behavior on Wall Street?

Yes. Wiretapping is a game-changer: After Gupta's conviction, "no one who's passing along insider information can be confident it won't someday end up on a wiretap played before a jury," says Alison Frankel at Reuters. In the past, insider-trading stings would have nabbed just a few culprits, but wiretapping enables prosecutors to haul in dozens of recorded accomplices. The case also set a lower standard for an insider trading conviction, since Gupta didn't benefit personally from the confidential information he passed on to Rajaratnam. "Wall Street should be worried."

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