拉杰獲罪,美國政府終獲勝
????美國聯邦法庭一陪審團本周三做出判決,對沖基金經理拉杰?拉賈拉特南所受的所有14項共謀及欺詐罪指控均成立;在這之前,拉賈拉特南通過長期內幕交易共獲利6,400萬美元。 ????現年53歲的拉賈拉特南將面臨20年監禁。或許很多人心里還在暗暗想,要是這輩子都出不來,就更好了。 ????這是美國政府的一次高調勝利。說實話,美國政府在對那些差點毀滅了全球市場、謊話連篇的華爾街嫌犯宣戰以來一直缺乏持續跟進,有時還被弄得灰頭土臉。 ????自從2008年迪克?福爾德和約瑟夫?卡薩諾將金融界帶至懸崖邊以來,美國政府只提起了一宗高調訴訟,即指控貝爾斯登(Bear Stearns)兩位對沖基金經理犯有欺詐和內幕交易罪。但說實話,與其從保護投資者角度起訴這兩人,還不如起訴他們將次貸資金弄得一團糟。 ????美國政府灰溜溜地輸掉了這場官司,兩天內陪審團都判定無罪。這次挫敗以及美國政府未起訴其他顯而易見的作惡者,似乎讓其他罪犯壯起了膽子。 ????當2009年拉賈拉特南被起訴時,他放言自己無罪。當時,他管理的70億美元的Galleon對沖基金在投資科技和醫療保健業時如獲神助。 ????當然,現在我們知道了原因所在。拉賈拉特南和他的同伙們當時是利用了內幕消息進行投資——在從董事會和其他非公開渠道獲得利好/利空消息后,買入/賣出相關股票。 ????拉賈拉特南的辯護律師可笑地辯解,拉賈拉特南接到高盛(Goldman Sachs)及寶潔(Procter & Gamble)董事會成員在會議結束后不久打來的電話,并非內幕交易證據。他們聲稱,拉賈拉特南等人只是匯集了公開數據,拼湊成了信息雜燴或集錦,任何有心人都能做到這一點。 ????與貝爾斯登案不同,這次陪審團認為絕不應被表象所蒙蔽。 ????“在這個指控罪名如此多的案子的審判過程中,每項指控都進行了充分辯論,審判耗時漫長,認定被告人所有14項罪名均成立,說明陪審團充分確信政府的指控,”Baker Hostetler的白領辯護律師、此次擔任公訴人的喬納森?紐表示。 ????是的,迪克、安吉洛和所有這些道貌岸然的家伙仍逍遙法外,本案并不會讓這些人得到應有的懲罰。但本周三的宣判確實是一個好消息,畢竟我們中很多人的養老金在一定程度上還有賴于證券市場的回歸有序,不能再被拉賈拉特南這樣貪婪、膽大妄為的家伙所騙取。希望對他的宣判不是這場風暴的終結。 |
????A federal jury on Wednesday found hedge fund manager Raj Rajaratnam guilty of all 14 counts of conspiracy and fraud, after he scored $64 million in a long-running insider trading scam. ????Rajaratnam, 53, now faces 20 years in prison. Here's hoping they throw away the key. ????Because the decision hands the government a high-profile victory in what has been, let's face it, a rarely joined, often humiliating battle with the Wall Street creeps who nearly blew up the world and more than lived to tell the tale. ????Since the Dick Fulds and Joseph Cassanos of the world brought the financial world to the edge of the abyss in 2008, the feds had managed to bring just one high-profile case: a fraud-and-insider prosecution of two Bear Stearns hedge fund managers who were, let's say, less than forthcoming with their investors as they drove their subprime funds into the ground. ????The government lost that one in ignominious fashion, with the jury returning an innocent verdict in all of two days. That setback, and the government's failure to even bring cases against a whole cast of other obvious miscreants, seems to have emboldened other wrongdoers, as if they needed any prompting. ????When Rajaratnam was indicted in 2009, he defiantly declared his innocence. His Galleon hedge fund, with $7 billion in funds under management, was considered the smart money in tech and health care investing. ????We now know why, of course. Rajaratnam and his confederates were using insider information to bet on sure things -- buying stocks that would rise after news they gleaned from boardrooms and other nonpublic sources, selling those that were about to take a big hit. ????Rajaratnam's defense team argued, absurdly, that the calls Rajaratnam took from a board member at Goldman Sachs (GS) and Procter & Gamble (PG) shortly after meetings ended there weren't a sign of insider trading. No, they claimed, Rajaratnam et al. were simply assembling what you might call a melange -- perhaps a pastiche? -- of public data that anyone motivated enough could put together. ????In contrast to the Bear Stearns case, the jury this time found the good sense to see through this. ????"In a case where there are so many different counts, where those counts were so hotly contested, and where there was such a long trial, to see him found guilty on all 14 counts shows that the jury was totally convinced by the government's arguments," says Jonathan New, a white collar defense attorney at Baker Hostetler who worked as a prosecutor. ????So yes, Dick and Angelo and all those cool guys are still on the loose, and this case is not going to put any of them where they belong. But Wednesday's verdict is good news for those of us whose retirements depend in part on preventing securities markets from getting milked by greedy, nihilistic jerks like Rajaratnam. Let's hope his conviction isn't the end of that story. |