Gupta’s lawyer asks witness if Galleon traders exaggerated

Goldman Sachs director allegedly tipped Raj Rajaratnam

Guilty Plea

Cardillo pleaded guilty to one count of conspiracy and one count of securities fraud and hasn’t been sentenced, he testified.

He also said that beginning in late 2009, he agreed to wear a concealed recording device for the Federal Bureau of Investigation and record his former Galleon friends and colleagues.

Cardillo, who testified he received $50,000 in cash from Craig Drimal, another Galleon trader, for trading on inside information, paid more than $68,000 to settle a civil suit by the U.S. Securities and Exchange Commission, he said.

Drimal pleaded guilty and was sentenced to 5 1/2 years in prison.

Swipe Card

Late today, prosecutors called an executive for a company that provided electronic swipe cards to Galleon offices. Rajaratnam’s assistant, Caryn Eisenberg, previously testified that her boss gave Gupta a electronic key card to enter Galleon offices.

Assistant U.S. Attorney Reed Brodsky showed jurors data about the card’s use, which indicates that on March 12, 2007, someone using the card assigned to Gupta swiped into Galleon’s Madison Avenue office at 11:36 a.m.

Brodsky also showed jurors Gupta’s calendar for that day, which showed that Gupta had scheduled a teleconference of the audit committee of Goldman Sachs Board of Directors in which “First Quarter Earnings Review” would be discussed from 11:30 a.m. to noon.

Gupta’s calendar also shows that he had a meeting from noon to 2:30 p.m. that same day for “NSR Partners Meeting, Location: Galleon Office.”

Prosecutors allege Gupta invested about $35 million in entities with Rajaratnam, including New Silk Route LLC and Voyager Capital Partners.

The government claims that Gupta was at Galleon’s offices when he listened to the Goldman Sachs call where the bank’s first quarter 2007 earnings were discussed. Prosecutors said Gupta then passed the information he’d learned about Goldman to Rajaratnam, who caused Galleon to buy 350,000 shares after audit committee meeting call ended, prosecutors said.

The case is U.S. v. Gupta, 11-cr-00907, U.S. District Court, Southern District of New York (Manhattan).

--With assistance from David Glovin and Bob Van Voris in New York. Editors: Charles Carter, Peter Blumberg

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