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SEC v. Rajaratnam
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SEC v. Rajaratnam : ウィキペディア英語版
SEC v. Rajaratnam

''SEC v. Rajaratnam'', No. 622 F.3d 159 (2d Cir. 2010), is a United States Court of Appeals for the Second Circuit case in which defendants Raj Rajaratnam and Danielle Chiesi appealed a discovery order issued by a district court during a civil trial against them for insider trading filed by the Securities and Exchange Commission (SEC). The district court compelled the defendants to disclose to the SEC the contents of thousands of wiretapped conversations that were originally obtained by the United States Attorney's Office (USAO) and were turned over to the defendants during a separate criminal trial.
The Second Circuit court held that although it is lawful to order such a disclosure, and the SEC indeed had a right to access the conversations in preparation for the civil trial, the district court exceeded its discretion by failing to limit the disclosure to conversations relevant to the current case. Citing the significant privacy implications of such a disclosure, the Second Circuit court granted a writ to vacate the discovery order, and remanded the case back to the district court.〔''SEC v. Rajaratnam'', (622 F.3d 159 ) (2nd Cir. 2010) (opinion full text).〕
==Background==
On October 16, 2009, the defendants (Rajaratnam and Chiesi) were arrested and indicted for insider trading and conspiracy. The charges stemmed from an investigation by the United States Attorney's Office into allegations that Rajaratnam and Chiesi conspired in insider trading of stock for several large companies. Rajaratnam was found guilty on all 14 charges and sentenced to 11 years in prison. Chiesi was sentenced to 30 months in prison with 2 years of supervised release.
During the discovery phase of the criminal trial, the USAO turned over to the defendants the contents of 18,150 wiretapped communications involving 550 different people, which were recorded over the course of sixteen months from ten telephones, including home, office and mobile lines belonging to the defendants.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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