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Martha Stewart And Raj Rajaratnam

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Raj Rajaratnam is a Sri Lankan-American who has held many positions within the financial industry. His last appointment was as President of a now defunct hedge fund known as Galleon Group. Galleon Group was a hedge fund that focused their investments on the technology sector. According to an article about Rajaratnam posted on biography.com, “the technology boom of the 1990s put Rajaratnam on the fast track to success. Galleon brought in extraordinary returns, its main fund rising 93 percent in 1999.” After many years of investigations finally, in May 2011, Raj Rajaratnam was found guilty of crimes relating to securities fraud and conspiracy to commit securities fraud. This has been described by Anna Driggers as an “elaborate insider-trading …show more content…

In December 2001 she made a huge mistake. According to Vanessa Grigoriadis, a writer for the New York Magazine, at the direction of her broker’s assistant, she sold all of her shares in ImClone Systems. The assistant advised her he was aware that the company, ran by Sam Waksal, was about to implode and Stewart took advantage of this opportunity to sell all the stock. As such, one can see the similarities between the case of Martha Stewart and Raj Rajaratnam. While Rajaratnam’s story is much more detailed, both individuals were convicted of crimes and served prison sentences for receiving confidential information that they capitalized …show more content…

Such a classic corporate insider, who owes fiduciary duties to the corporation and its shareholders, has a duty either to abstain from trading or disclose such information before trading” (Kaplan, Matteo, Pfeffer). Generally the simplest forms of insider trading are categorized under the Classical Theory.
The two cases mentioned above are more complex and would fall under the Misappropriation Theory of Insider Trading. This theory uses a “corporate outsider” (Kaplan, Matteo, Pfeffer). The famous case that put this theory into law books was United States v. O’Hagan. In this case:
“an attorney traded in the stock of a potential takeover target. He learned of the potential takeover from confidential information obtained by his law firm, which represented the company planning the tender offer. Since he was not an officer of the target company, and had no relation to it, the classical theory of insider trading did not apply. The Court held that he was nevertheless guilty of insider trading, reasoning that the attorney owed a fiduciary duty to his law firm, and, by using his law firm’s confidential information to trade, he “misappropriated” such information” (Kaplan, Matteo,

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