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White-Collar Wiretaps
The impact of the recent conviction of Galleon Group's co-founder, Raj Rajaratnam, for insider trading has been called “seismic,” due to the novel use of wiretap evidence to bring the crime to life before the jury. Stephen A. Miller, Will There Be a 'CSI Effect' for Wiretapping?, The National Law Journal (May 23, 2011), www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202494773565&slreturn=1&hbxlogin=1. As the recent trials of Rajaratnam, Zvi Goffer, and expert networking consultant Winifred Jiau have unfolded, the full scope of the government's wiretapping has been revealed. The government's recordings have ensnared not just traders and financiers, but also lawyers, consultants, and officers and directors of public companies. As a result, people on Wall Street may now be wondering, “is law enforcement listening?” whenever they pick up the phone, as U.S. Attorney Preet Bharara warned in announcing the arrest of Rajaratnam.
A Chilling Effect?
Indeed, many commentators have suggested that the newly aggressive use of wiretaps will have a profound chilling effect on the practices of the financial services sector. Following the revelations about the Rajaratnam wiretaps, hedge-fund managers wondered whether even legitimate exchanges caught on tape would draw scrutiny. Katherine Burton and David Glovin, Galleon Wiretaps Rattle Hedge Funds, Bloomberg (Oct. 26, 2009), www.bloomberg.com/apps/news?pid=newsarchive&sid=as8seXJpbDUY.
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