Has the prosecution turned desperate? That could just be.
In the closing arguments in "U.S. v Gupta," Assistant U.S. Attorney Richard Tarlowe, reports Bloomberg, stated that there is "overwhelming evidence" indicating that the defendant passed along insider information. That seems to be mere performance art.
The fact is that the evidence, if that's what it should be labeled, is essentially circumstantial. There is no smoking gun. Jurors, who are plenty savvy from years of viewing "Court TV," "LA Law," "Boston Legal," and "The Good Wife," have a feel for what are facts and what is rhetorical posturing. The most recent play out of that knowledge base was the mistrial declared in the John Edwards' trial.
Since the jurors are aware of the weakness of proven facts that link Rajat Gupta with the gains achieved by the Galleon Group through insider trading they could decide to send a message to the prosecution. They could acquit or dig in their heels and not come to any unanimous decision.
Right now I am betting on Gupta returning to his career, probably in India, and putting this behind him. Here are other possible fallouts from the jury decision, whatever it may be.
N.B. After this, before he goes on with his life, Gupta has to go through the SEC trial.
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