
Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comFirm Insights
Author: Dan Brecher
Date: July 17, 2014

Counsel
212-286-0747 dbrecher@sh-law.comRengan Rajaratnam will not suffer the same fate as his younger brother, Galleon Group founder Raj Rajaratnam. A federal jury recently cleared him of insider- trading charges.
The trial loss brings U.S. Attorney Preet Bharara’s five-year winning streak to an end. He was 81-0 in securing insider-trading convictions over the past four years. Bharara’s high-profile victories include Raj Rajaratnam, former Goldman Sachs director,McKinsey managing director Rajat Gupta, and SAC Capital’s Mathew Martoma.
In many ways, the most recent Rajaratnam case was doomed from the start. The only charge that made it to the jury was conspiracy to engage in insider trading. Rengan Rajaratnam initially faced six counts of securities fraud. However, prosecutors dropped four of the charges prior to trial, and the judge dismissed the remaining fraud charges at the close of the government’s case..
While acquitted of criminal insider-trading charges, Rajaratnam still faces an enforcement action by the Securities and Exchange Commission (SEC). However, the agency is having insider-trading troubles of its own.
Earlier this year, the SEC suffered a much-publicized trial loss in its case against Dallas Mavericks owner Mark Cuban. The agency alleged that Cuban sold his shares in Momma.com soon after being told by the company’s CEO that his shares would be diluted through a stock offering. However, the jury ultimately concluded that prosecutors failed to prove that Cuban violated any duty not to trade on the information. More recently, juries also found in favor of defendants in two additional insider trading cases brought by the agency.
The recent trial losses suggest that both the SEC and federal prosecutors may be overreaching in their zest to crackdown on insider trading. While both have been successful in the past, insider-trading cases are difficult to prove, particularly given the frequent need to rely on circumstantial evidence and the recent Second Circuit ruling that requires proof of knowledge by the person purportedly trading on inside information that the informer benefitted from the disclosure (see my July 8, 2014 blog “Will There Be a New Loophole for Insider Trading.”) One can expect defendants hereafter to gear up and focus their defense on the tipper’s lack of benefit, where the facts allow. In any event, it appears that, as a result of these recent developments, future defendants in insider trading cases may seek better terms in plea bargaining or elect to take their chances in the courtroom.
If you have any questions about this post or would like to discuss insider-trading violations, please contact me, Dan Brecher, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]
Author: Ken Hollenbeck
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!