Sun Sentinel Palm Beach Edition

Court upholds insider trading prosecutio­ns

Justices rule that sharing tips with kin, friends is illegal

- By Greg Stohr

The U.S. Supreme Court upheld a California insidertra­ding conviction in a ruling that will make it easier for prosecutor­s to bring cases against some people on Wall Street and in other parts of the country.

The justices unanimousl­y said that people can be sent to prison for making trades even when the insider who provided the tip wasn’t trying to make money. The court said it’s enough if the insider gave the informatio­n as a gift to someone likely to trade on it.

The ruling, which came in the case of onetime Chicago grocery wholesaler Bassam Yacoub Salman, resolves a question that had divided federal appeals courts.

It restores some, though not all, of the leverage lost by prosecutor­s and the Securities and Exchange Commission in 2014 when an appeals court in New York establishe­d new requiremen­ts for insidertra­ding cases.

The New York court’s ruling undercut U.S. Attorney Preet Bharara’s eightyear crackdown on Wall Street cheating and led to more than a dozen insidertra­ding conviction­s being thrown out.

Justice Samuel Alito, writing for the high court in Monday’s ruling, rejected the New York court’s suggestion that the insider must “receive something of a ‘pecuniary or similarly valuable nature’ in exchange for a gift to family or friend.”

Bharara hailed the decision. “The court stood up for common sense and affirmed what we have been arguing from the outset — that the law absolutely prohibits insiders from advantagin­g their friends and relatives at the expense of the trading public,” Bharara said in an email. “Today’s decision is a victory for fair markets and those who believe that the system should not be rigged.”

The ruling could undercut efforts by some Wall Street figures to overturn their insider-trading conviction­s. Among those watching the case were former Goldman Sachs Group director Rajat Gupta, hedge fund manager Doug Whitman and Galleon Group co-founder Raj Rajaratnam.

Omega Advisors founder Leon Cooperman also could be affected. The SEC accused him in September of buying shares in Atlas Pipeline Partners after obtaining insider informatio­n.

Prosecutor­s in California said Salman and a partner earned more than $1.5 million in profits through trades based on inside informatio­n. The government said the tips originated with Maher Kara, then a Citigroup investment banker, who gave the informatio­n to his brother, who in turn passed it on to his brother-in-law, Salman.

The Supreme Court case centered not on Salman’s conduct, but on Kara’s motivation­s.

“By disclosing confidenti­al informatio­n as a gift to his brother with the expectatio­n that he would trade on it, Maher breached his duty of trust and confidence to Citigroup and its clients,” Alito wrote.

 ?? PABLO MARTINEZ MONSIVAIS/AP 2014 ?? The court’s ruling, which was made Tuesday, is a victory for prosecutor­s seeking to curb corruption on Wall Street.
PABLO MARTINEZ MONSIVAIS/AP 2014 The court’s ruling, which was made Tuesday, is a victory for prosecutor­s seeking to curb corruption on Wall Street.

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