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Insider trading case against Rajat Gupta
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Rajat Gupta's journey into prison for insider trading marks an end to an astonishing success story and punctuates his quick fall from grace. The retired head of Mckinsey and a former Goldman Sachs board member was judged guilty of conspiracy and securities fraud for leaking secrets of the boardroom to billionaire hedge fund manager Raj. After almost a month long trial in Manhattan Fed Court, the jury took only 2 days to reach at a verdict. They found Gupta guilty of leaking confidential information about Goldman Sachs on 3 different occasions in 2008.They also convicted him on a conspiracy charge. Rajat Gupta was a native of Kolkata and moved to New Delhi. His father was a disciple of Mahatma Gandhi and was jailed in the fight for independence and was later a journalist. Both his parents died when he was in his teens but he still thrived as an anchor …show more content…
to his family and academically. During his engineering at IIT Delhi, he was a man with a big personality, extremely bright and talented and ran the student government. The seeds of the passion and drive to become big and rich in life were sown there. He wrote his essays to apply to Harvard in a small coffee shop. When he was admitted to Harvard, Gupta agonized about leaving his siblings but believed that “this was an opportunity that he could not afford to miss”. After arriving in USA, he delivered newspapers to support himself. A couple of years later, he broke into McKinsey and rose through the ranks very swiftly where he served till 2003. Gupta was successful in blazing the trail for other Indians who joined the club of multi-national CEO’s. When Gupta first joined MCK in 1973, it wasn’t an unusual thing for consultants to make the kind of money investment bankers did.
But, in the 80’s, things changed and banks began selling newer products like junk bonds and in a few years bankers were pulling in millions. Gupta personified the generation of Indians who were called the “twice blessed” — those who profited from India’s independence in 1947 and overturning of a United States law in 1965 that had restricted Indian immigration to around 100 people each year. Under his service, McKinsey became a global powerhouse opening close to 20 offices and doubling their consultants. But the question in everyone’s mind is, why had someone as hard-working and successful as Rajat Gupta risked — and now completely lost — everything in order to participate in an illegal task in which he saw no material benefit? What were the factors that were under his control and which were not? Some people who are used to taking decisions quickly at times do not reflect whether the information they are receiving is taking them close to the line between permissible trade and security
fraud. Did Rajat Gupta do it for the money? For someone who was worth a few hundred million in the company and moved around with billionaires and not feeling up to the mark, maybe. One of the plausible reasons for charges against these people with such stature and wealth is that insider trading makes very little sense to them. There was no reason for him to leak confidential information. He didn’t need money, prestige or any favour. It was darker than ambition or greed. It was close to sociopathic narcissism- a belief that Gupta was above the law, immune to the rules governing us. Another thing is whether it was an error judgment that was brought along by the adrenaline rush. Gupta had been McKinsey’s Pretorian Guard, extremely important but equally invisible and behind the scenes. Was there an urge to do something more exciting? The hard-working Indian who hung around with the glamorous bankers found the temptations too much. Did the good kid from the minority start finding his life boring? To sum it up, he was motivated not by rapid profits but rather a kind of lifestyle where inside tips form the currency of friendships and elite high profile business relationships.
Stewart was convicted of conspiracy, perjury and obstruction of justice in 2001, and for using insider information to sell shares of the company ImClone Systems. This type of fraud damages the confidence of investors, it makes them perceive the lack of equality.
Mr. Pharaon a Saudi businessman was indicted on 1991 as well as Mr. Milken on 1989 was indicted of racketeering and securities violations. Drexel Burnham Lambert has settled criminal and civil securities charges.
In the Frontline documentary “The Madoff Affair”, it is revealed and painfully evident that the ability to predict, prevent, and prosecute white collar crime is flawed and highly complicated even for the government. Frontline takes a look at the first global Ponzi scheme in history and helps create a better understanding of the illegal conduct that led to the rise and fall of Bernie Madoff and those associated with his empire (Frontline, 2017). When the leadership at the top of any organization is founded on lies, secrecy, and empowered by the leaders within the industry, the corruption is deep and difficult to prosecute. The largest stock market fraud in history reinforces the need for better government regulations, enforcement of the regulations, and oversight, especially in it’s own backyard (Yang, 2014).
Just like people, corporations have the capability of committing criminal acts. The Enron scandal in 2001; the Bernard Madoff ponzi-scheme of 2008-2009; both of these examples show that despite internal and external controls, regulations, and oversight, corporations still are a multi-faceted entity that have the propensity to partake in crime. That being true, that criminal entity must be punished and held responsible for their actions. One tool in the prosecutorial tool belt is the use of deferred prosecution and non-prosecution agreements. According to Lanny Breuer, the United States Department of Justice’s Criminal Division, “over the last decade, deferred prosecution agreements have become a mainstay of white collar criminal law enforcement” (Warin, 2012).
As we lose ourselves and our values, worth, and identity as people in the corporate culture, the objectives of monetary profit, status within a company, and machine-like work ethics replace our ethical judgement and our values as people. Perhaps there is nothing we can do about it; after all Skilling and Fastow did not realize what they were doing is immoral and illegal until they were sentenced or even released from their sentence. We are all too absorbed in this capitalistic corporate world we live in. Just like the ancient Chinese philosopher Fu Xuan said, “He who is close to the ink will be stained black,” (Fu, “Prince Shao Fu Xuan”), We have been too used to the immorality and unethical practices of corporate culture that we’re not only numb to the wrongdoings of others within this capitalist society, but we also replace our values as people and our ambitions to do good with objectives of the corporate world. Prebbles posed us the question that after centuries of capitalism’s existence in our society, will our ambitions to do good prevail against our monetary desires and the corporate norm of only profit-driven decisions?
Jordan Belfort is famous for his crooked way of earning his millions as a stockbroker on Wall Street. Even Belfort started at the bottom, on his first day in Wall Street he was told he was “lower than pond scum”(Belfort 1). After writing a book about his happenings on Wall Street, we’ve seen the
Jordan Belfort’s exploitation of individuals and the financial system was for solely the purpose of financial gain. Rational choice theory dictates that individuals are of rational minds and will calculate the costs and benefits and choose actions where the benefits outweigh the punishment for committing it. This theory explains why Belfort turned to criminal actions, such as market manipulation, fraud, and money laundering over normative actions to achieve his goal of wealth when his greed outweighed any fear of punishment from the justice system.
Bernard Madoff had full control of the organizational leadership of Bernard Madoff Investments Securities LLC. Madoff used charisma to convince his friends, members of elite groups, and his employees to believe in him. He tricked his clients into believing that they were investing in something special. He would often turn potential investors down, which helped Bernard in targeting the investors with more money to invest. Bernard Madoff created a system which promised high returns in the short term and was nothing but the Ponzi scheme. The system’s idea relied on funds from the new investors to pay misrepresented and extremely high returns to existing investors. He was doing this for years; convincing wealthy individuals and charities to invest billions of dollars into his hedge fund. And they did so because of the extremely high returns, which were promised by Madoff’s firm. If anyone would have looked deeply into the structure of his firm, it would have definitely shown that something is wrong. This is because nobody can make such big money in the market, especially if no one else could at the time. How could one person, Madoff, hold all of his clients’ assets, price them, and manage them? It is clearly a conflict of interest. His company was showing high profits year after year; despite most of the companies in the market having losses. In fact, Bernard Madoff’s case is absolutely stunning when you consider the range and number of investors who got caught up in it.
In a similar situation, Mahatma Gandhi’s father was not in his life either. Having died with Gandhi was only 16 years of age, Mahatma Gandhi lived his life with his mother as his only guardian (Mahatma Bio 1). Chris McCandless furthered his studies at Emory University in Atlanta, Georgia. He received excellent grades, although viewing “titles and honors as immaterial and irrelevant” (Chris 1). Likewise, Mahatma Gandhi left his home in India to study law in London. (Mahatma Bio 1) Both men decided to receive an education past high school, something not many young men did. Chris McCandless also liked enjoyed traveling, starting from his home in California, to places such as Virginia, Alaska, Arizona, and South Dakota (Chris 1). Mahatma Gandhi also travelled after the birth of his son, exploring Durban in the South African state of Natal (Mahatma Bio 1). One of the biggest similarities between Chris McCandless and Mahatma Gandhi is the interest in South Africa culture, and issues
Jordan Belfort is the notorious 1990’s stockbroker who saw himself earning fifty million dollars a year operating a penny stock boiler room from his Stratton Oakmont, Inc. brokerage firm. Corrupted by drugs, money, and sex he went from being an innocent twenty – two year old on the fringe of a new life to manipulating the system in his infamous “pump and dump” scheme. As a stock swindler, he would motivate his young brokers through insane presentations to rile them up as they defrauded investors with duplicitous stock sales. Toward the end of this debauchery tale he was convicted for securities fraud and money laundering for which he was sentenced to twenty – two months in prison as well as recompensing two – hundred million in restitution to any swindled stock buyers of his brokerage firm (A&E Networks Television). Though his lavish spending and berserk party lifestyle was consumed by excessive greed, he displayed both positive and negative aspects of business communications.
middle of paper ... ... They had complete disregard for ethical standards that they should have looked towards when making their decisions. They allowed greed, and notoriety, to take over their basic perceptions of what is right, and what is wrong. So in conclusion, I have provided my analysis of ethical behavior that surrounded the financial events of Bernie Madoff, and the events that surrounded Enron.
Their stock brokers knew that Enron had been gaining profits at the expense of others. They never felt contempt with their actions due to fact that the orders to follow through came from top authoritative figures. The effects from the information gained from examining the conduct of Enron’s top administrators were considered to be unendingly helpful. The Enron Scandal could be well-thought-out as the perfect example of how not to run an association in an ethical manor (Elkind, Gibney,
This case illustrated that there were real consequences to white collar crime. In addition to paying the fifty million dollar fine, he relinquished another fifty million dollars of his illegal trading profits. (He still had millions remaining, however, from his illegal gains.) His actual prison sentence was three years, yet he served only twenty-two months in the federal prison at Lompoc, California, which was known to have a “country-club” atmosphere.
Jordan Belfort is the notorious 1990’s stockbroker who saw himself earning fifty million dollars a year operating a penny stock boiler room from his Stratton Oakmont, Inc. brokerage firm. Corrupted by drugs, money, and sex, he went from being an innocent twenty – two year old on the fringe of a new life to manipulating the system in his infamous “pump and dump” scheme. As a stock swindler, he would motivate his young brokers through insane presentations to rile them up as they defrauded investors with duplicitous stock sales. Toward the end of this debauchery tale he was convicted for securities fraud and money laundering for which he was sentenced to twenty – two months in prison as well as recompensing two – hundred million in restitution to any swindled stock buyers of his brokerage firm. Though his lavish spending and berserk party lifestyle was consumed by excessive greed, he displayed both positive and negative aspects of business communications.
Gandhi’s father was a very generous person, and his income was spent on helping the poor and the needy. The family lived reasonably well, but there were no savings. When his father died, the family found itself in financial difficulties. In India, a son usually took over when their father retired or died. But the British wanted people who were "qualified" for the job, so none of the sons could become Dewan of Porbandar after Gandhi’s father, Karamchand, died. None of Gandhi’s brothers had jobs...