ForgotPassword?
Sign Up
Search this Topic:
Forum Jump
Posts: 28
Apr 17 11 5:43 PM
I believe the SEC has already filed a civil case against Gupta and, obviously, whether criminal charges will be filed remains to be seen. I wouldn't be surprised if they are waiting to see how the case against Rajaratnam turns out before deciding to file charges against Gupta. If they get a guilty verdict, they may have a few more people willing to turn state's evidence and testify against Gupta etc., thereby improving their case(s). My understanding is that Smith has already entered a plea, so I assume that the deal calls for the AUSA to make a motion downward at sentencing. If he cooperates and testifies in a manner favourable to the prosecution, then he'll get the downward departure, if not, then he may receive a stiffer sentence. Generally, a witness who turns state's evidence needs to come clean up front and admit to any and all wrong doing. If Smith failed to do that, then the Justice Dept could unilaterally revoke any agreement to request a downward departure or file new charges, among other things. I guess we'll know how well he testified/cooperated when it comes time for him to be sentenced. For my money, the expert testimony from business professor Greg Jarrell was pretty interesting and especially so because he generally testifies for the prosecution. I'll be listening for any reactions from the jurors about Jarrell's testimony and what influence it had, if any.
Interact
Share This