
Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comFirm Insights
Author: Dan Brecher
Date: February 19, 2014

Counsel
212-286-0747 dbrecher@sh-law.comWhile the Securities and Exchange Commission (SEC) may have a spotty record when it comes to insider trading cases, U.S. Attorney Preet Bharara has an impressive winning streak. He is 79-0 in securing insider-trading convictions over the past four years.
Former hedge fund trader Mathew Martoma is the latest guilty verdict for Bharara, whose other high-profile victories include Galleon Group founder Raj Rajaratnam and former Goldman Sachs director and McKinsey managing director Rajat Gupta.
In the latest case, Martoma was charged with orchestrating a scheme to trade on inside information about Alzheimer drug trials conducted by Elan Corporation and Wyeth Pharmaceuticals, which ultimately led to billion dollars in profits for his employer, SAC capital, and $9 million in bonuses for himself. According to prosecutors, the $276 million insider-trading scheme is the largest to date.
“In the short run, cheating may have been profitable for Martoma, but in the end, it made him a convicted felon, and likely will result in the forfeiture of his illegal windfall and the loss of his liberty,” Bharara said in a statement. Martoma now faces more than ten years in prison after being found guilty of two counts of securities fraud and one count of conspiracy to commit securities fraud.
As previously reported on our Business Law News Blog, SAC Capital already agreed to pay nearly $1.8 billion in penalties to resolve allegations of insider trading. The civil case against SAC’s founder, Steven Cohen, who was once one of the world’s most powerful and successful players in the hedge fund industry, is still ongoing.
While Cohen does not yet face criminal charges, the investigation is still ongoing. At trial, the government’s star witness, Dr. Sidney Gilman, testified that a federal agent told him that he and Martoma were only grains of sand and that prosecutors were “really after a man named Steven A. Cohen.” As the statute of limitations draws near, Bharara will have to decide whether to put his winning record to the ultimate test.
Either way, the message for the rest of the financial industry is clear. Given the intense scrutiny on insider trading by both state and federal authorities, firms should ensure that they have comprehensive policies and procedures in place to monitor trading compliance.
If you have any questions about the latest insider trading conviction or need assistance bolstering your firm’s compliance practices, 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.

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki
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!