2nd Circuit Upholds Insider Trading Conviction of Ex-Goldman Sachs Director The panel’s decision represented the latest retreat from the appellate court’s holding in 2014’s “U.S. v. Newman,” which narrowed prosecutors’ ability to prove insider trading.


Gupta-m1114755-web2
Rajat Gupta, right, with his attorney Gary Naftalis, following his sentencing in 2012. Photo: Louis Lanzano/ Bloomberg
https://www.law.com/newyorklawjournal/2019/01/07/2nd-circuit-upholds-insider-trading-conviction-of-ex-goldman-sachs-director/
By Colby Hamilton | January 07, 2019 at 04:12 PM

For the second time in as many months the U.S. Court of Appeals for the Second Circuit has declined to reverse an insider trading secured by federal prosecutors before the circuit court’s ruling in United States v. Newman and the sequence of decisions it spawned.

On Monday, the panel, composed of Circuit Judges Amalya Kearse, Richard Wesley and Christopher Droney, denied former Goldman Sachs director Rajat Gupta’s second attempt to have his insider trading conviction overturned. The Second Circuit had previously in 2014 denied Gupta’s argument that the trial court erred in admitting some evidence, while excluding other evidence offered by the defense ahead of his 2012 conviction. He ultimately served 19 months in prison, and was released in 2016.

The current appeal came after U.S. District Judge Jed Rakoff of the Southern District of New York denied Gupta’s motion to vacate his conviction in the wake of the Second Circuit’s 2014 decision in Newman, which substantially narrowed the “personal benefit” requirements of an insider trading relationship. Gupta argued before Rakoff that the jury instructions in his case were legally invalid under Newman.

On appeal, the panel reviewed Gupta’s challenge based on a cause-and-prejudice standard. It agreed with Rakoff’s argument that nothing stopped Gupta from arguing that the jury instructions were faulty on direct appeal from his conviction, since they were made during trial.

The panel observed that its November 2018 decision in Whitman v. United States tracks closely with the dynamics of Gupta’s case, as jury instructions were objected to at trial but weren’t pursued on appeal. Other insider trading cases pursued the line on appeal before Newman, the panel noted, making the claims in Whitman—and therefore Gupta’s case—insufficient to show cause.

Defendants in other insider trading prosecutions were contending that juries should be given narrower definitions of the personal benefit needed to find culpable insider trading,” the panel wrote. “We conclude that [Gupta] presents no viable claim that the personal benefit challenge was unavailable to his counsel on appeal.”

While the panel, having found Gupta failing the cause standard, could arguably have ended its findings there, it proceeded to address the issue of prejudice, and, in doing so, waded directly back in to the circuit’s muddied law on insider trading.

The panel first found that Gupta failed to show the personal benefit instructions were so flawed as to deny him due process, noting that the actual language provided to the jury in question spoke of “maintaining a good relationship with a frequent business partner.”

That last clause proved critical for the panel, who argued it squared with requirements under precedent, but not the Second Circuit’s most recent double take in United States v. Martoma, which is mentioned briefly later. Instead, the panel opted to return to the insider trading Ur-precedent from the Supreme Court’s 1983 decision in Dirks v. SEC.

The Dirks court set out a “varying sets of circumstances…which would warrant a finding of the tipper’s illegal purpose,” the panel noted. Despite the fact the specific language required by Newman for a tangible or pecuniary benefit was not present in Gupta’s jury instructions, the language was satisfactory under Dirks’ seemingly broader “circumstances.”

In fact, the panel’s acknowledgment that Dirks highlighting the ability for a quid pro quo relationship despite “the lack of need for proof of the tipper’s financial or tangible gain” appeared to potentially undercut a portion of the court’s holding in Newman, continuing the erosion that began with the Supreme Court’s findings in Salman v. United States and continued through the two versions of the Second Circuit’s Martoma decision.

The fact that Newman‘s requirement for proof of a tipper’s pecuniary or other tangible gain has been rejected by the Supreme Court disposes of Gupta’s contention that Newman meant the trial court’s instruction that proof of pecuniary or tangible benefit was not necessary caused him to be convicted of a crime for ‘conduct that is not criminal,’” the panel said, quoting from Gupta’s brief on appeal.

A spokesman for the U.S. Attorney’s Office for the Southern District of New York, which secured Gupta’s original conviction and handled the appeal, declined to comment.

Kramer Levin Naftalis & Frankel name attorney Gary Naftalis handled Gupta’s appeal. He did not respond to a request for comment.

Related:

From Ring of Fire: Greece Goes To War With the World’s Most Corrupt Banks; Scams Will Be Revealed


greekfinmin11
Greece Goes To War With the World’s Most Corrupt Banks; Scams Will Be Revealed
— February 20, 2015
http://www.ringoffireradio.com/2015/02/greece-goes-to-war-with-the-worlds-most-corrupt-banks-scams-will-be-revealed/


Ever since the left-wing, anti-austerity Syriza party in Greece took control of the country, Greek leaders have been putting up a fight for its economy, reported Democracy Now. Greek financial leaders will continue trying to get their country out of the eurozone in order to keep their economy from completely bottoming-out.

Greece’s problems really didn’t go full tilt until Wall Street banks got involved. One of the main culprits is Goldman Sachs, which enabled Greece to hide their debts. The bank charged them $300 million for the operation, a veritable payday for the massive bank. This transaction goes all the way back to 2001, the year that Greece became part of Europe’s monetary union.

The New York Times reported in 2010 that “Wall Street tactics akin to the ones that fostered subprime mortgages in America have worsened the financial crisis shaking Greece.” Goldman Sachs, JPMorgan Chase, and many others contributed to the growing Greek debt crisis.

Their tactic? Take advantage of an entity while its down and use the desperation of another country to line Wall Street’s pockets. The banks took interest into a high risk client, and, driven by greed, they intensified an already existing problem. Did the banks care? No. They just cared about what’s profitable.

“Politicians want to pass the ball forward, and if a banker can show them a way to pass a problem to the future, they will fall for it,” said economist Gikas Hardouvelis.

The banks worsened the problem so much that the European Union called for an investigation into Goldman Sachs and the other banks involved.

“It appears that Goldman Sachs have colluded with past Greek governments to reduce the appearance of Greece’s debt for short-term gain, while in reality making it worse than ever,” said Arlene McCarthy, vice-president of the European parliament’s economic and monetary affairs committee. “These deals have increased costs for Greek taxpayers and left a mess behind for Greece’s citizens and the eurozone.”

Today, this problem has compounded over the years and with the threat of austerity, Greece has been backed into a corner.

When Greek financial minister, Yaris Varoufakis, introduced a compromise proposal to German finance minister, Wolfgang Schauble, the proposal was swiftly rejected. A union of 19 eurozone finance ministers will meet again today in Brussels in an attempt “to resolve a standoff that has sent jitters across the continent at the prospect of a messy Greek exit from the single currency.”

Greek’s €240 billion bailout expires in exactly one week. However, austerity measures attached to the bailout are making it difficult for the country to break out and abandon the euro. Because Greece is “locked out” of international lending markets, the country could go completely broke next month if no deal is reached, reported The Guardian.

“We are working so that Greece stays in the eurozone,” said Germany’s commissioner to the European Union, Guenther Oettinger. “On this basis I think an agreement will still be possible in the next eight days – if necessary via a further meeting of government leaders.”

Austerity measures and past deals with banks have Greece in the pressure cooker. If no deal is reached, Greece’s economy will tank, only accentuating the actions of Wall Street banks that sent the Greek economy from a stall into an outright tailspin.

“It Ain’t as Bad As You Think” . ? . It Is As Bad As I Think, and Probably Even Worse


I keep thinking about that.  Being told that it really isn’t as bad as I think.  Hell if it ain’t!

When I was a little girl, we walked to school.  We would get there in the morning, and there would be the morning prayer.  Right after that, we all said I Pledge Allegiance to the Flag, and they played the National Anthem.  I started to school when I was four (4).  By the time I was in fourth grade, it was like the second elementary school.  They did not say the morning prayer, or play the anthem, but by golly, the whole time I was in school, we Pledged Allegiance to the Flag.  We were proud to be Americans.

Now, you get suspended for wearing anything with a flag on it.  The Ten Commandments, Pledge of Allegiance, and anything having to do with our natural heritage is bad.  Christians are bad.  Americans are bad.  Christian Americans must be very, very bad.  And who the hell decided all that?  That is bullshit.  Plain and simple, bullshit.  Since when have other people gone to live in another country, and was allowed to claim they were offended by the customs of that country, and the country changed for the outsiders?  Someone tell me when.  That is bullshit!  Plain and simple bullshit.

Seems like it began several years ago… SuperTarget in our area, told the GoodWill people at Christmas, not to come there any more.  Of course, after that, we never went back to that store, and it closed shortly thereafter.  For some reason, outsiders that had moved to the United States, were offended by Christmas, Nativity scenes, and GoodWill ringing their little bells at Christmas.  Those dedicated, hardworking GoodWill employees, trying to make a difference to others at a very hard time of year.  They never asked anyone for anything.  Just stood, ringing the bell and smiling.  It was tradition.  Christmas trees, nativity scenes, GoodWill.

So, in order to not to offend those, who are not from here, America changed? Bullshit.  I say, if our traditions offends you, you came into this country, you know you can leave the same damned way!  Every time I turn around, someone is explaining that such and such offends them.  Screw it!  I am offended by what people do in other countries, but I don’t move there, then expect them to change their country for me.  That is bullshit.  Plain and simple bullshit.

Now, they tell us that our forefathers were terrorists.  Do what?  So what kind of History lessons are they giving kids now a days?  Speaking of kids.  Since when does the govt. have balls enough to tell parents what they are or not going to feed their kids for lunch during school?  The other thing about kids, is that they belong to the community, not their parents?  Bullshit!  Plain and simple bullshit!  And these idiots put up with that?  I sure as hell am glad that my Mama was who she was.  She would have not only told them what horse to get on, she would have had them direct that horse, on out of the country.  And my Daddy, lo and behold, I am glad that he is not here to see this shit.  Daddy was gung-ho Marine.  He is probably rolling in his grave right now.

And someone wants to tell me, that it ain’t as bad as I think it is?  Bullshit!  Plain and simple bullshit!!!

US Ignores Possibility of BioChem Attacks on US City!


Freemason Warns of BioChem Attack on US City

Saturday, August 23, 2014 14:44
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(Before It’s News)

maxresdefault.jpg
(left, Bauman Nassiri, 61, tries to get his message out)

Normally, I avoid fear mongering. But
I do post credible warnings in hope of acting as a deterrent.  Nassiri Bahman is an Iranian
monarchist & filmmaker who claims to have received insider knowledge of 9-11, Bin Laden’s death, and now, a lethal attack on a US city. So far he has been ignored by US authorities and the “conspiracy” media. He believes the Iranian leadership belong to the Illuminati. By putting Muslim extremists in power, the Illuminati are deliberately fomenting a world war.   In other words, the Zionist-Islam conflict is just as phony as the US-Soviet Cold War.

“I have now received information from the same source, that the next big attack on U.S. soil will be chemical and biological, to be carried out soon.” 

Dear Mr. Makow,

I was introduced to your blog by a bright 13 yr. old boy called Scott, who has told me that you have savvy readers and followers.

I am an Iranian exile turned into an Iranian-American film maker, and I am also a 32nd degree Scottish Rite Freemason, but I can assure you that if there are Political Lodges in the U.S. , I have not been involved with them.

I released a feature film on 1/1/11 called  “The Golden Veil” which shows the conspiracy behind the Iranian revolution and the U.S. hostage crisis, foreshadowing what is happening today in the Middle East.

My latest interview with Rick Wiles of Trunews ( begins at 18.25 min) serves to expose The Illuminati as we call it, or “The Eagles” as they call themselves. By releasing such information I may have risked my life, but I have no fear, because the 30th degree taught me not to be afraid of death.

I urge your savvy readers to watch my Trunews interview first, and then read the following:

I have a reliable source of information. The identity of the source I shall never release, but my records and predictions speak for themselves.

IF ENOUGH AMERICANS KNOW THE TRUTH, IT MAY SERVE TO PREVENT HUNDREDS OF THOUSANDS OF DEATHS.

Few months before the 9/11 attack, I received reliable information that gave advanced warning of it.  I gave the information to the FBI in Palm Springs, CA., but they ignored it.  My lawyer based in Palm Desert holds a copy of my handwritten and dated letter to the FBI.

lightbox_cover1.jpg(left, This 2013 “Person of the Year” TIME Cover is the Illuminati’s way of saying very bad things are in store for Americans. See, Grim Obama TIME Cover a Warning?)

Few years later I received information from the same source, that Osama Bin Laden was sick, receiving medical treatment in a secret location in Iran.  I gave the information to the FBI and they told me that the Anti-Terrorism department in Los Angeles would be in touch with me,  but no one got in touch with me and I was ignored once again.

Soon after that, I received information that Bin Laden was dead and buried in a secret location along the Iran/Afghan border. This time I did not bother reporting it.

I have now received information from the same source, that the next big attack on U.S. soil will be chemical and biological, to be carried out soon.  I have reported the information to Deputy Chief Michael Downing, Counter Terrorism and Special Operations Bureau in the form of emails, but as of today he seems to be ignoring me for the third time – WHY ?  – I have even offered to drive for 3 hours to see him in Los Angeles and go through the details with him,  but there is no response.  I would like to ask your readers to save this writing for future reference, should such disaster occur.
WHY do important officials in charge ignore people such as me who want to help ?

My only answer to this question is :

These men are the Architects of Chaos,  these are the men who want such horrific events to take place.  They do not wish to prevent them.
A chemical or biological terrorist attack on U.S. soil, “provoked” by an attack on Syria,  would certainly provide the excuse to begin a large scale war against the Middle East with the ultimate goal of a complete invasion and massacring millions of inhabitants.

It is about time the American people realized that there are invisible hands within The United States who engineer these acts, to serve their agendas.   These men (The Eagles) meet once a month in a secret temple in Washington D.C., they have rituals very similar to Freemasons,  they are no more than a few hundred, and they rule our lives.

The Eagles are the world’s most powerful Bankers, Arms Manufacturers and Oil Barons, mainly controlled by the Brits.  Everything you have seen happening in the Middle East since 1979 has been planned and executed by these powerful men, and their Master Plan is what I have explained in my Trunews Interview – http://youtu.be/Izz8cISo5Ts  i.e. polarization and invasion.

Perhaps, if this statement is published on your blog, and I send them the link, it may serve to force them to talk to me and analyze the information I have received,  unless they wish for the attack to take place. If enough Americans become aware of this, hopefully it may prevent the biggest terrorist disaster in America’s history.

Only Christ can save us now.

Regards,  Bahman Nassiri
——————————————-
Bahman sent me this info on Freemasonry:

The way the Masonic order is designed, is absolutely BRILLIANT.
They initiate you and make you believe that you are a holy man doing charities and helping your Brethren.
They make you believe that the order is not political whatsoever.
They make you believe there are 33 degrees (all philosophical) , and nothing more.

The real truth is, Brethren reach the 33rd or 32nd degrees and have no clue what it’s all about.
The truth is, there’s a higher level.
The invisible eyes watching the brethren pick some whom they can trust, who are extremely wealthy, powerful and important, and are useful to them, and initiate them into the higher level, THAT IS THE ILLUMINATI , or to be more correct, THE EAGLES.

======

Golden Veil Compared to Argo
Mark Dankof Review Golden Veil
Mark Dankof Interview with Nassiri

Iran run by Illuminati?

 

 

 

 

http://www.henrymakow.com/young_iranian.html

From Jim Perloff –

Henry, here are a couple of related links:
One is this article on FEMA and other agencies preparing for a U.S. event: http://www.thesleuthjournal.com/fema-preparing-major-event-region-iii/
Another is this article: http://thecommonsenseshow.com/2013/08/26/syrias-reichstag-moment/  (first addresses Syria, then the possibility of an attack at home)
I hope that the information and predictions are inaccurate. However, one thing is certain–the US is beating the drums loudly for war against Syria. This when the dust isn’t even settled yet in Libya and Egypt, we’ve been at war in Afghanistan for 12 years, and fought a war in Iraq for nearly as long over weapons of mass destruction that did not even exist. Of course, I don’t know if the attack on the US is really coming or not.  However, it might not be a bad idea for concerned citizens, according to their own judgement, to send prudent email inquiries about it to legislators, law enforcement agencies and/or mainstream news reporters. It might make it harder to carry off the “false flag”–it would be hard for law enforcement personnel to claim that they knew nothing about the event, if records would show they had received numerous inquiries about it in advance.

Source: http://henrymakow.com/2014/08/Freemason Warns of BioChem Attack on US City .html

Dangerous Meltdown? I wonder what FOX News considered the Meltdowns That Have Already Occurred?


 

Fox News: “Leak at Fukushima nuclear plant threatens dangerous meltdown… Trouble is looming” — Officials: “No idea when it can resume cooling system for spent fuel pool” (PHOTOS)

 
http://enenews.com/fox-news-leak-at-fukushima-nuclear-plant-threatens-dangerous-meltdown-trouble-is-looming-officials-no-idea-when-it-can-resume-cooling-system-for-spent-fuel-pool-photos?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ENENews+%28Energy+News%29
Published: July 7th, 2014 at 5:33 pm ET 
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NHK WORLD, Jul. 7, 2014: No prospect to resume cooling No.5 fuel pool — The operator of the Fukushima Daiichi nuclear power plant says it has no idea when it can resume the cooling system for one of the spent fuel pools. [TEPCO] halted the cooling system at the No.5 reactor on Sunday after workers found seawater leaking from a pipe. Seawater is used to lower the temperature ofcoolant water […] they are still considering how to repair the pipe. […] TEPCO says the temperature will reach the company’s safety limit of 65 degrees in a little over a week. The operator plans to channel seawater into the pool to curb the rise in temperature.

Fox News, Jul. 7, 2014: Leak at Fukushima nuclear plant threatens dangerous meltdown — Trouble is looming at Japan’s Fukushima nuclear plant, as a leak has forced the shutdown of a cooling system that could cause temperatures to exceed dangerous levels. […] If the system is not repaired within the next nine days, temperatures are expected to soar […] Sunday, the temperature in the pool that holds the rods was about 73 degrees Fahrenheit but started increasing by 0.193 degrees per hour, TEPCO says. If no new cold water is pumped in at this rate, it will reach the dangerous threshold of 149 degrees (F) in roughly the next week. Such temperatures would increase the possibility of dangerous reactions and more radiation leaks in the plant.

See photos of the leak here

 
Published: July 7th, 2014 at 5:33 pm ET 
By  
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26 comments

Related Posts

  1. Tepco: Frozen water ruptures pipes at Fukushima plant — Cooling system stops at Spent Fuel Pool No. 4 January 29, 2012
  2. NHK: Another fuel pool loses cooling system at Fukushima Daiichi — CBC: May take days to repair March 18, 2013
  3. NHK: Unexplained water leak at Fukushima reactor immediately after 3/11 quake — Crucial cooling system disabled? May 2, 2013
  4. Power still not restored at Fukushima Unit 3 fuel pool and Common Fuel Pool — No fresh cooling water for over a day — Tepco: Extremely sorry it took so long to announce blackout March 19, 2013
  5. NYT: Rat Chase Again Bedevils Fukushima Nuclear Plant — Power lost to spent fuel pool for hours April 5, 2013

I Was Depressed, But Am Much Better Now…


After I read some posts on others’ blogs, I really do feel much better. Wanna know which ones I read? Here they are:

“NO ENDORSEMENT, NO NEGOTIATION–NO NEGOTIATION, NO SECURITIZATION” On Liberty Road Media: http://libertyroadmedia.wordpress.com/2014/06/20/no-endorsement-no-negotiation-no-negotiation-no-securitization/

and I read this and it helped too!:

Ineptocracy from here:
http://tomfernandez28.com/2014/06/20/ineptocracy-3/

Of course this Helped a lot!:

http://www.newser.com/story/188674/miss-usa-doesnt-know-her-state-capital.html
but I actually read that here:
https://wordpress.com/

Freddie Mac Is Putting an 83 Year Old Lady Out on the Street!


It never ceases to amaze me.  With all these numerous govt. programs that are supposed to be helping Homeowners/Borrowers stay in their homes, I have to wonder just who the hell it is that they are allegedly helping.  A case in Colorado, that I have become aware of, the 83 year old woman is most likely going to be on the streets next week.  And guess who is putting her out of her home.?.  Freddie Mac.

For some stupid reason, I was under the impression that Fannie Mae, Freddie Mac, and others, along with all these billions of dollars from the robo-signing settlements, and the numerous entities alleging to be aiding those being foreclosed upon, and not one of them does a damned thing that I can see.  The propaganda they feed to everyone in the media, might sound good…You know that the housing market has picked up, foreclosures are down, new home buyers are up.?.  Yea right.  Somebody forgot to tell our neighborhood.  The vacant houses are still vacant.  Houses that should sale for $90,000, sell for $36,000.

But hey, the housing market has recovered.  RRRRiiiiiiiiiiiiggggggggggghhhhhhhhhhhhhtttttttttttttttt!!!  In your dreams.

Unless and until the someone steps in, slaps these foreclosure mill attorneys around, you know, the ones that make up the fictional documents in the County’s Land Records, throw their asses in jail for the forgery, fraud, perjury, that they are so used to committing,  they ain’t ever gonna stop.  

Has anyone other than myself noticed that the foreclosure mill attorneys, and other attorneys who on a regular basis have been foreclosing on Borrowers/Homeowner and manufacturing documents to use to foreclose with; sign the Assignments, Deeds Under Power, and lie to the Courts; an have been doing it so long now, yes, they have been breaking the law for so long now in foreclosure cases, it has spilled over to other types of cases.  No matter what kind of case it is, there are certain attorneys, who continue breaking the law as if they were working a foreclosure case.  And the worst part, is the judges let them.  WTF?  It is bad.  They are violating the RICO, committing fraud, forgery, theft, perjury, and God only knows what else.

Now you have the full swat teams going to evictions.  If the cops don’t like the way things are going, they just kill the homeowner.  It has gotten way out of hand.   Looks like if you fight the banks and win, you either go to jail, or die.

Be safe yall!