Goldman Sachs Investor’s Suit Against Gupta Dismissed

A Goldman Sachs Group Inc. (GS) investor’s lawsuit seeking disgorgement of insider-trading profit from former board member Rajat Gupta was dismissed by a Manhattan federal judge.

U.S. District Judge Jed Rakoff said in an opinion filed today that the investor, James Mercer, failed to adequately allege that Gupta received quid-pro-quo payments for tips he provided to Galleon Group LLC co-founder Raj Rajaratnam.

Gupta, who was also a managing partner of McKinsey Co. and a director at Procter & Gamble Co. (PG), was convicted in June of securities fraud and conspiracy for tipping Rajaratnam, who is serving an 11-year prison term for crimes related to insider trading.

Mercer’s assumption that Gupta received payments “is far too speculative to survive dismissal,” Rakoff wrote in his opinion.

The case is Mercer v. Gupta, 11-3828, U.S. District Court, Southern District of New York (Manhattan).

To contact the reporter on this story: Christie Smythe in New York at csmythe1@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net

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