The $100 million bail for Galleon's founder sends a major message
Filed under: Economy, People, Investing
On Friday, FBI agents arrested Raj Rajaratnam, founder of the Galleon Group Hedge fund, at his Manhattan home. Charged with running an insider trading scheme, he was hit with what may be the biggest bail bond in U.S. history: $100 million. By comparison, Bernie Madoff and Tyco CEO Dennis Kozlowski each paid a relatively paltry $10 million. In fact, Rajaratnam's nearest New York competitor is probably Mikhail Sorodsky, a Brooklyn man who allegedly molested eight women while practicing medicine without a license. His bond was set at $33 million in September.Some analysts have suggested that Rajaratnam's arrest and huge bail signify that a new sheriff is in town. The Securities & Exchange Commission, whose reputation was left bruised and battered by the Madoff affair, seems to be using this recent arrest to send a message that the government will no longer wink at wrongdoing, including the misuse of nonpublic information.
While the crackdown on insider trading isn't particularly surprising, the government's extensive use of wiretaps and confidential witnesses seems designed to make clear to put a chill into bad guys: The government may be listening in on any line and is prepared to turn any witness.
For any government agency looking to make a high-profile collar, Rajaratnam is a nice big target. Ranked number 236 on Forbes 2009 list of the 400 richest Americans, Rajaratnam ran a firm with an estimated $7 billion in assets, and his personal net worth is calculated at roughly $1.3 billion. Well known for his generosity, he donated large amounts of money to a wide variety of causes -- among them the Tamils Rehabilitation Organization, which the U.S. Treasury has identified as a front for Sri Lanka's Tamil Tigers terrorist group.
Apart from sending a message to Wall Street, Rajaratnam's outsize bond also suggests a turning point in the U.S. justice system, in which courts levy bail on defendants who could be a flight risk or a threat to the community. Basically, the system works like this: A judge decides on a bail amount needed before releasing a defendant from jail while he or she awaits trial. The defendant then hires a bondsman, who posts the sum in return for a 10%-12% nonrefundable deposit. If the defendant fails to show up in court, the bondsman forfeits the bail. To recover his loss, he hires a bounty hunter to retrieve the fugitive; the bounty hunter and bondsman both get their money when they turn in the fugitive.
Something similar to this happened in the Roman Polanski case. Charged with unlawful sexual intercourse in 1977, he chose to leave the country rather than face prosecution. For the last 32 years, the movie director has lived in France, fighting extradition to the U.S. Following his recent arrest in Switzerland, however, it appears that he'll probably be brought back to stand trial in Los Angeles.
Polanski probably didn't require the services of a bondsman because his bail was set at a paltry $2,500. For many defendants, however, the bondsman is a basic part of the judicial process, given that even people charged with relatively routine crimes are often hit with large bail judgments. But there's a limit to how much money bondsmen will put up, and judges have recently shown a growing tendency to use gargantuan bond judgments to ensure that wealthy defendants will finance their own prison release. Madoff, for example, paid his own bail, and he also had to provide the names of friends who would vouch for him. Similarly, Rajaratnam put up his own bail.
This is how bail functions in much of the rest of the world, where bail bondsmen are illegal. In Austria, for example, when banker Julius Meinl V was charged with fraud in early 2009, he was required to put up his entire bail. His bond, which was set at $133 million, was the largest in history, seriously eclipsing the $100 million that Rajaratnam had to put up.
Perhaps the famously competitive Rajaratnam is feeling a little stung.



























Reader Comments (Page 1 of 3)
10-19-2009 @ 3:00PM
panuco1@aol.com said...
SO WHAT IF RAJARATNAM IS FOUND GUILTY OF INSIDERS WRONG DOING, HE WILL GET RELEASED AND MAYBE FINED 10 MILLION DOLLARS AND SENT HOME WITH THE 400 MILLION HE STOLE..THIS IS NO DIFFERENT WITH ANY OTHER WALL STREET CRIMES.. THESE GUY KNOW NOTHING IS GOING TO HAPPEN BECAUSE THEY OWN HALF THE JUDGES IN TOWN AND THE MAJORITY OF SENATORS, CONGRESSMEN AND INVESTIGATIONS FIRMS...BELIEVE ME DUDE IS NOT SWEATING AND NEITHER ARE THE OTHERS...
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10-20-2009 @ 6:49AM
FedUp said...
So very true panucoi. Like Miliken; the savings and loan vandal of the Reagan administration. Goes to Club Fed to golf for a year and gets to keep the $billions he stole. Our lawmakers are too busy with "tort reform" (denial of our right to a jury) and the supreme court is busy imposing pre-dispute private arbitration on anyone who might sue their favorite monopolies, stock brokers and banksters (more denials of our 5th amendment right to a jury).
10-19-2009 @ 3:09PM
mike said...
Speaking of insider trading ,is anyone aware that Congress and the Senate are legally allowed to use inside info to trade stocks legally?
If there was ever a group of people that should be banned from this practice this is the group.
Can someone explain this to me?
Are u all sleeping?
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10-19-2009 @ 6:04PM
Greg said...
What a GREEDY SOB!!!!!! Take all his money and deport him ASAP!!
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10-19-2009 @ 6:11PM
MrDoughnut said...
He could take all the H1B aliens with him if he's deported! Bueno!
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10-19-2009 @ 6:19PM
BILL LEVY said...
Panuco,
I like your math and people should smarten up. The guy steals 400 million and pays a mere 10 or 20 million dollar fine. His wife will tell him that this is good business and he should do it once a year.
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10-19-2009 @ 6:26PM
BRYANT WILLIAMS said...
how do i get in this game? are there any sponsors.
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10-19-2009 @ 6:34PM
Paul said...
Why aren't these criminals forced to surrender ALL the money they have obtained ILLEGALLY? Why are Wall St criminals allowed to pay minor fines in comparison to what they have stolen and go free or serve short sentences in "luxury" jails instead of with others convicted of stealing a much smaller amount of money? Our justice system is a joke.
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10-19-2009 @ 7:40PM
Jim said...
Why don't the government take away ALL of his money? Because the courts can't figure out how to seperate HIS money ($1.00) from the money ($100,000,000) he stole. Which money is his ...... and which did he earn?
10-20-2009 @ 12:07PM
Sean said...
Because, as of NOW, he is only accused, not convicted. Did you forget all about that part in your civics class? He may ver well be a piece of trash. But, you first have to convict him before you take his ill-gotten cash.
Americans get dumber by the day. It's a good thing we have these computers so you morons can post your ignorance on a second by second basis.
10-19-2009 @ 7:39PM
agt4085 said...
sad how they don't make the connection with NEW YORK. City of scum bags and losers. There I will make the connection.
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10-19-2009 @ 7:45PM
kemetica2 said...
let's see..he's worth 1. 3 billion and his bail is 100-million...yup..I think he can make bail with noooo...problem..seems to me...in this case.."money ain't nothin but a number.."
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10-19-2009 @ 8:01PM
suzy said...
the crook has $1.3 BILLION, yet only gets bail of $100 million????He could leave country and forfeit the lousy $100 million and STILL have $1BILLION to play with???
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10-19-2009 @ 8:55PM
Frank said...
Large bail, because he is not a WASP!
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10-19-2009 @ 9:15PM
John said...
It is NOT the largest bail in history. Michael Milken posted $600 million in bail by WRITING A CHECK. I'll never forget it.
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10-19-2009 @ 10:17PM
Jerry said...
The stoak mrket is nothing more than a smoke and mirrors gambling game. Someone issues and IPO to get money to line their pockets. This money was an investment at one times but not and more. The current run up is for a fact a hoax. There is so much money out there that the DOW is superinflated. The DOW's worht is arounf 7000 ! ! !
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10-19-2009 @ 10:21PM
Jerry said...
It is time to get rid of the foreign country that has a stranglehold on our country. This foreign country is Washinton DC. It is not even part of America but they make us all pay to fund their lying and cheating souls ! ! !
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10-19-2009 @ 10:47PM
Wayne said...
AMEN
10-19-2009 @ 11:55PM
Ernie Wint said...
Has anybody wondered why somebody hasn't taken a shot at them? Might be a good idea just to wake them up as we are all not going to allow them to keep screwing us
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10-20-2009 @ 2:15AM
USAvet said...
Hope they took his passport too ... ??? Not that it would matter. He'll be gone shortly.
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