By Grant McCool and Basil Katz
NEW YORK, Oct 24 (Reuters) - Disgraced Wall Street titan and
philanthropist Rajat Gupta was sentenced to two years in prison
on Wednesday, a much lighter sentence than U.S. prosecutors had
demanded, by a judge who called his insider trading crimes
"disgusting" and "a terrible breach of trust."
Gupta was also ordered to pay a $5 million fine. He was
convicted in Manhattan federal court last June for leaking
Goldman Sachs boardroom secrets to Raj Rajaratnam, the hedge
fund manager at the center of a U.S. government crackdown on
insider trading over the past four years.
Some legal experts said Wednesday's sentence came as a
surprise, while others said the judge struck a fine balance.
U.S. District Judge Jed Rakoff told a somber courtroom
audience, including Gupta's wife and four adult daughters, that
the illegal sharing of corporate secrets at the height of the
2008 financial crisis "was the functional equivalent of stabbing
Goldman in the back."
Gupta, 63, gave no visible reaction to the sentence, which
was given at the end of a 30-minute statement in which the judge
spelled out the businessman's "extraordinary" philanthropy over
decades that stood in stark contrast to his crimes.
Bill Gates, Microsoft Corp's co-founder, and former United
Nations Secretary-General Kofi Annan were among 400 friends and
luminaries who had written letters to the judge urging leniency.
During the trial, the court heard how Gupta had tipped off
his then friend and business associate Rajaratnam between
September and October of 2008. Within minutes of a conference
call of members of Goldman's board on Sept. 23, 2008, Gupta told
Rajaratnam that influential investor Warren Buffett was infusing
$5 billion into the investment bank. Rajaratnam traded on the
information as the market was closing.
Rakoff said during the two-and-a-half hour sentencing
proceedings that the t ip "was not only overwhelming, but it was
disgusting in its implications ... a terrible breach of trust"
at a time when Goldman Sachs was in turmoil.
But the judge also said: "I have never encountered a
defendant whose past history suggests such an extraordinary
devotion ... to people in need."
Gupta had faced a maximum sentence of 20 years for
securities fraud and five years for conspiracy. Federal judges
have wide leeway in sentencing and Rakoff has a reputation for
veering from guidelines for courts in handing down punishment.
MINIMUM SECURITY PRISON SOUGHT
Rakoff ordered Gupta to begin his sentence on Jan. 8, 2013.
The U.S. Bureau of Prisons will decide where, but his lawyer
asked for the minimum security prison in Otisville, New York.
The judge denied Gupta's lawyer's bid to have him freed on
bail pending an appeal, which could last as long as two years.
His lawyer, Gary Naftalis, said in a statement that "we believe
the facts of this case demonstrate that Mr. Gupta is innocent."
The former Goldman director is the most influential
corporate figure to be convicted in the wide U.S. probe of
insider trading involving fund managers, traders, consultants
and executives. He is a former global head of the McKinsey & Co
management consultancy, and once sat on the boards of Procter &
Gamble Co and American Airlines, as well advising philanthropies
including the Bill and Melinda Gates Foundation.
Gupta was born poor in India and orphaned as a teenager but
rose to the top of the corporate and philanthropic elite.
His sentence was less than the eight to 10 years sought by
prosecutors, but more than the probation and community service
in Rwanda sought by Gupta's lawyers. The judge dismissed that
proposal as "a kind of Peace Corps for insider traders."
It was also less than some other insider trading defendants
who were jailed for between four and 10 years. Rajaratnam is
serving an 11-year prison sentence, one of the longest for
insider trading.
On Thursday, a U.S. appeals court in New York is set to hear
Rajaratnam's appeal. He argues prosecutors should not have been
able to play phone taps of his conversations at his trial
because he says they were improperly obtained.
"SANCTITY OF CORPORATE CONFIDENCE"
Assistant U.S. Attorney Richard Tarlowe argued for a
sentence of at least eight years, telling the court "Mr Gupta
knew as much about the sanctity of these types of corporate
confidences as anybody, and that's what makes it so shocking."
New York securities class action and shareholder rights
lawyer Mark Rifkin said the judge "understood both sides of the
argument, and the relatively light sentence he imposed balances
Gupta's misuse of his position against a lifetime of good work."
But Andrew Stoltmann, an attorney and investor rights
advocate based in Chicago, wondered whether Gupta's "Mother
Teresa-like halo" had warranted a sentence that was "little more
than a slap on the wrist."
"He had such an important role at some of these companies
that it is kind of the ultimate betrayal of trust," he said.
When Gupta addressed the court, he read from a statement for
six minutes, using bland language that stopped short of fully
admitting his conduct, but apologizing to "extraordinary
institutions and outstanding people" and to his family.
"I feel terrible that they have been burdened with totally
undeserved negative attention. I apologize to them and ask for
their forgiveness," Gupta said.
Naftalis, arguing for a lenient sentence, said his client
had suffered a "fall from grace of Greek tragedy proportions."
"This was an iconic figure who had been a role model for
countless people around the globe," he said. "He is no more."
The case is USA v Gupta, U.S. District Court for the
Southern District of New York, No. 11-cr-907.
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