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Lawyers for former Indian-American McKinsey head, Mr Rajat Gupta, set for trial next year in the largest hedge fund insider trading case in US history, want Goldman Sachs CEO, Mr Lloyd Blankfein, and the Chief Financial Officer, Mr David Viniar, to testify in his case.
Mr Gupta’s lawyer Mr Gary Naftalis submitted in a Manhattan court yesterday his list of 10 witnesses he would “most want to depose on behalf of Gupta’’.
US District Judge, Mr Jed Rakoff, who is presiding over the case, had last week ordered Mr Gupta, the Securities and Exchange Commission and lawyers for Galleon co-founder, Mr Raj Rajaratnam, to submit the list of witnesses they want should testify in SEC’s lawsuit against Mr Gupta.
Besides Mr Blankfein and Mr Viniar, Mr Gupta is seeking depositions of Mr Rajaratnam’s and his co-investor, Mr Ravi Trehan, Rajaratnam’s former assistant, Mr Caryn Eisenberg, and Goldman Lead Director, Mr John Bryan.
Mr Gupta’s lawyer said he would also want to “later” question Goldman COO, Mr Gary Cohn, Goldman Managing Director, Mr David Loeb, Procter and Gamble Presiding Director, Mr W. James McNerney, and former partner at McKinsey, Mr Anil Kumar.
“The witnesses we list are believed to have information relevant to this action,” Mr Naftalis said in court papers.
The Securities and Exchange Commission also submitted the names of 10 potential witnesses that it will seek to depose in preparation for Mr Gupta’s civil trial set for next year.
The regulator wants to speak with Mr Gupta, his wife, Mr Rajaratnam and his brother, Mr R.K. Rajaratnam, as well as with Mr Gary Rosenbach, Galleon’s co-founder, and Mr Ian Horowitz, a Galleon trader.
Mr Rajaratnam was convicted in May and sentenced last month to 11 years in prison. US District Judge, Mr Jed Rakoff, also ordered him to pay $92.8 million to the SEC.
Mr Gupta was charged on October 26 with five counts of securities fraud and one count of conspiracy to commit securities fraud. He has pleaded not guilty and will face trail in the criminal case in April next year.
The SEC had also filed its lawsuit against Mr Gupta the same day, accusing him of engaging in an “extensive insider-trading scheme” with Mr Rajaratnam.
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