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Key Witness in Rajaratnam Trial Set to Be Sentenced

September 7, 2012

[ by Howard Haykin ]

And Now, It's Time for "Truth or Dare."   We will soon learn if a disgraced former Intel executive receives a lenient sentence for insider trading crimes he committed.  Rajiv Goel provided material and confidential information about Intel to the Galleon insider trading ring, then served as a witness for the prosecution and provided powerful testimony that helped convict hedge fund billionaire Raj Rajaratnam of insider trading crimes.

The U.S. attorney's office in Manhattan provided a letter of recommendation to Judge Barbara Jones, praising the cooperation of Rajiv Goel.  One reference states:  "Goel substantially helped the Government secure a conviction in one the most significant and high-profile insider trading trials in history.  From the first day of Goel's cooperation through the present, Goel has been a very important, straightforward, and extraordinarily helpful cooperating witness."

Mr. Goel, 54, is scheduled to be sentenced Wednesday, 9/12/12, in Federal District Court in Manhattan.  He was one of 3 main government witnesses who pleaded guilty to conspiring with Mr. Rajaratnam in a far-reaching insider trading conspiracy and then testified against him during his trial.  The other 2 witnesses have already been sentenced and were spared prison time.  Anil Kumar, a former McKinsey executive, and Adam Smith, a former trader at Mr. Rajaratnam's hedge fund Galleon Group, were both given probationary sentences because of their extensive cooperation.

Goel's Connection to Rajaratnam. Mr. Goel met Mr. Rajaratnam while the 2 were business-school students at the Wharton School of the U. of P.  Raj Rajaratnam lured Mr. Goel into his insider trading conspiracy by bestowing favors upon his old friend, including executing profitable -- and illegal -- trades in Mr. Goel's Charles Schwab brokerage account.  Eventually, Mr. Goel gave Mr. Rajaratnam advance word of Intel's quarterly earnings results.


"He knew that it was wrong for him to do so and regrets the decision that he made at the time, not only because of the negative consequences that he has justifiably suffered as a result of that decision, but also because of his betrayal of Intel, a company that had vested so much trust in him over the years," wrote David Zornow, a lawyer for Mr. Goel, in his letter to Judge Barbara Jones.

At trial, Mr. Goel proved an effective witness, walking the jury through secretly recorded telephone calls during which he and Mr. Rajaratnam exchanged confidential information about Intel.   "During his testimony, Goel was contrite, truthful, and direct about his criminal conduct," the government's letter said.  The government's letter to Judge Jones indicates that Mr. Goel has continued to help the government since Mr. Rajaratnam's conviction in May 2011 . It says that as recently as July 30, 2012, Mr. Goel spoke with prosecutors to provide information about certain trades in the Galleon case that continue to be investigated.

Separately, an appeal of Mr. Rajaratnam's conviction has been scheduled to be heard by the Court of Appeals for the Second Circuit on Oct. 25.     [Dealbook, 9/7/12]