The lawsuit, filed by James Mercer in Manhattan federal court, seeks to recover the “short-swing” profits that Rajaratnam and Gupta allegedly made through insider trading on Goldman shares.
“Gupta was beneficial owner of these securities because he had a pecuniary interest in the profits generated by this trading activity.
“Rajaratnam undoubtedly paid Gupta for the Goldman Sachs inside information on which these trades were made,” Mercer says in the lawsuit.
Goldman’s board failed to take any action against Gupta after receiving a notice 60 days ago, prompting the lawsuit. Through the lawsuit, Mercer seeks that Gupta be ordered to pay to Goldman Sachs the short-swing profits, which are those made within six months of a trade, from Galleon’s trading.
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