New York Post

STAY IN YOUR PEN

Martoma’s insider-trading conviction stands

- By CARLETON ENGLISH

A federal appeals court on Wednesday denied Mathew Martoma’s request to throw out his insider-trading conviction.

The decision means Martoma, who engineered the most lucrative single insidertra­ding scheme ever, will likely have to serve out the remainder of his nine-year sentence.

An inmate in the low-security Miami Federal Correction­al Institutio­n, Martoma is not slated to be released until September 2021.

In 2014, a federal court jury convicted Martoma, a hedge fund portfolio manager, of mastermind­ing a scam to gain insider info on two pharmaceut­ical companies, Wyeth and Elan.

The info, obtained from a doctor working on clinical trials of a drug to treat Alzheimer’s disease, was used to make trades that netted Martoma’s employer — SAC Capital, owned by legendary trader Steve Cohen — $275 million, court testimony revealed.

In his appeal, Martoma claimed the jury was given improper instructio­ns.

A three-judge panel of the Second Circuit Court of Appeals rejected the plea in a 2-1 decision.

Martoma’s prosecutio­n came near the climax of a longrunnin­g insider-trading investigat­ion run by then-Manhat- tan US Attorney Preet Bharara.

Bharara’s prosecutor­s tried unsuccessf­ully to flip Martoma into testifying against Cohen.

Cohen was never charged — but SAC pleaded guilty to criminal and civil insider trad- ing charges and was fined $1.8 billion.

Martoma had pinned his hopes of overturnin­g his conviction on a controvers­ial 2014 Second Circuit insider-trading decision that held that the government, to gain a conviction, had to prove that the defen- dant knew the original tipster received a benefit in exchange for the tip.

The 2014 decision is known as the Newman ruling because it overturned the conviction of hedge fund trader Todd Newman, of Diamondbac­k Capital.

The Newman ruling would later free Martoma’s SAC colleague Michael Steinberg who, a federal jury found, made $1.9 million for SAC by trading on tips involving Dell and Nvidia.

Steinberg’s conviction was overturned because prosecutor­s did not prove that he knew the tipster was paid for the info.

The Newman ruling also tripped up Bharara’s probe and led to the lawman dropping cases against several defendants.

The appeals court on Wednesday found that Bharara successful­ly proved that Martoma’s tipster, Dr. Sidney Gilman, received financial benefits from giving confidenti­al informatio­n to Martoma.

In a dissenting opinion, Judge Rosemary Pooler noted that there was not “direct testimony” that Gilman was paid for sharing illicit informatio­n.

Paul Clement, Martoma’s lawyer, did not respond to requests for comment.

Martoma’s wife, Rosemary, a striking brunette pediatrici­an, was at her husband’s side throughout the trial.

The couple have three daughters.

Bharara cheered Wednesday’s decision — and took a swipe at the Newman ruling.

“Unlike Newman, the Martoma decision comports with longstandi­ng law and common sense. Congrats to the SDNY team,” Bharara tweeted.

 ??  ?? Jailed former SAC Capital executive Mathew Martoma won’t be reunited withh his beautiful wife anytime soon — his insider-ertrading conviction was upheld by an appeals court. The same court tossed the conviction of former colleague Michael Steinberg...
Jailed former SAC Capital executive Mathew Martoma won’t be reunited withh his beautiful wife anytime soon — his insider-ertrading conviction was upheld by an appeals court. The same court tossed the conviction of former colleague Michael Steinberg...

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