NEW YORK, April 21 (Reuters Legal) - Raj Rajaratnam's
lawyer took a last shot at trial of keeping his client out of
prison, blasting the credibility of key witnesses and telling
jurors the government failed to prove the hedge fund manager
broke insider trading laws.
In his closing argument on Thursday, chief defense lawyer
John Dowd also fired back at the government contention
Rajaratnam corrupted his friends and colleagues. He said it was
the people who testified against the Galleon Group founder who
were corrupt or had lied.
Mostly reading from a lectern, with an unemotional
Rajaratnam sitting five feet behind him, Dowd presented dozens
of e-mails, trading records and excerpts from trial testimony
to show Rajaratnam made trades based on public reports, not on
tips about nonpublic information.
"The government can't make all the public information
disappear," Dowd quietly told jurors in a full Manhattan
federal courtroom. "They can only hope you ignore it."
In a rebuttal, Assistant U.S. Attorney Jonathan Streeter
told jurors Rajaratnam was an "incredibly sophisticated"
investor who attended a top business school and knew his
contacts should not have passed on company secrets.
"Of course he knew they couldn't tell him," Streeter said.
"This is obvious stuff for someone at his level of
sophistication."
Rajaratnam, 53, is the central figure in a sweeping
government probe of insider trading at hedge funds.
Twenty of 26 people charged have pleaded guilty in the
biggest Wall Street insider-trading prosecution since the
1980s. The 20th, a lawyer named Jason Goldfarb, pleaded guilty
on Thursday to securities fraud and conspiracy in a separate
case the government said is centered on Zvi Goffer, a former
Galleon trader. Goffer has pleaded not guilty.
Dowd's deliberate delivery contrasted with Assistant U.S.
Attorney Reed Brodsky's animated summation on Wednesday, when
he reminded the jury of dozens of telephone wiretaps they
heard.
Brodsky said these showed Rajaratnam "committing his crimes
time and time again in his own words" and said the defendant
got an unfair advantage over honest investors by "corrupting
his friends and his employees."
If found guilty of securities fraud and conspiracy,
Rajaratnam could go to prison for up to 25 years.
To convict him, the government's evidence must convince
jurors beyond a reasonable doubt that he received material
nonpublic information from people who had a duty not to
disclose it and that he knew it was wrong to trade on it.
The trial began on March 8. Streeter is expected to finish
his rebuttal on Monday. U.S. District Judge Richard Holwell
would then instruct the jury on the law and jurors would
thereafter begin deliberations. There is no court session on
Friday.
WITNESS CREDIBILITY AT ISSUE
Dowd scoffed at government allegations Rajaratnam made
millions of dollars trading on illegal tips about Goldman Sachs
Group Inc from Rajat Gupta, a former worldwide managing
director at consultant McKinsey & Co who sat on the bank's
board until last year.
Prosecutors said Gupta tipped Rajaratnam in a hurried
September 2008 phone call to a critical $5 billion investment
in Goldman by Warren Buffett's Berkshire Hathaway Inc, and a
month later told Rajaratnam Goldman was on its way to posting a
surprise quarterly loss.
Dowd told jurors "you don't know what was said" in that
September call and "can't convict Raj based on assumptions."
He said that, when Rajaratnam bought Goldman stock, "it had
nothing to do with a call with Mr. Gupta."
Dowd also said one phone tap had Rajaratnam discussing the
Goldman loss with a colleague and other factors playing into
the bank's performance.
"That's not evidence of insider trading, that is legitimate
analysis of public information," the defense lawyer said.
Lawyers for Gupta were expected to face off against the
Securities and Exchange Commission in the same courthouse later
on Thursday. Gupta contends the regulator denied him a right to
a jury trial after it filed civil charges against him. He has
not been criminally charged.
Dowd told jurors not to trust three men who pleaded guilty
to criminal charges and testified at the trial: former McKinsey
partner Anil Kumar, former Intel Corp executive Rajiv Goel and
former Galleon manager Adam Smith.
During cross-examination, Kumar acknowledged dodging taxes,
while Smith changed his story, Dowd said.
He also said prosecutors were wrong about what Rajaratnam
meant in telling friends and colleagues such as Danielle Chiesi
to be "radio silent." Chiesi also pleaded guilty and
prosecutors said she provided inside tips to Rajaratnam.
This, Dowd said, was not a signal to keep illicit tips
quiet, but a request not to reveal his trading activity.
Rajaratnam, like other big investors, did not want anyone
"to blab his position all over Wall Street," Dowd said.
The case is USA v Raj Rajaratnam et al, U.S. District Court
for the Southern District of New York, No. 09-01184.
For the prosecution: Special Assistant U.S. Attorney Andrew
Michaelson and Assistant U.S. Attorneys Jonathan Streeter,
Joshua Klein and Reed Brodsky.
For Rajaratnam: John Dowd, Terence Lynam, Jeffrey King,
Robert Hotz, Samidh Guha and William White of Akin Gump Strauss
Hauer & Feld.
(Reporting by Grant McCool and Jonathan Stempel)