Business Consultation Centre

Raj Rajaratnam is the founder of hedge fund Galleon. The financier born in Sri Lanka and U.S. citizen in 2009 occupied the position 236 of the list of richest Americans prepared by Forbes magazine, with an estimated fortune of 1.8 billion dollars. Two years ago Rajaratnam was arrested by the FBI and accused of having improperly obtained profits of more than $ 45 million by using confidential data from technology companies like IBM or Intel. The billionaire had built a vast network of operators, financiers and executives from different companies that allow different data to know in advance about evolution or company ads and get huge profits. In May this year the businessman was convicted in cases of fraud and conspiracy and was sentenced last Thursday to 11 years in prison without bail or parole. It is the largest in history conviction in a case of insider trading (insider trading, in English).

If Argentina were their crimes Rajaratnam had been considered administrative offenses subject to fines and penalties of the National Securities Commission, the body control the stock market. The government this week sent a bill to Congress that “penalizes financial market manipulation.” The initiative seeks to incorporate the Criminal Code a set of financial crimes, which today are considered administrative offenses under the purview of the NSC. If it becomes law, those who abuse of privileged information, manipulate the price of assets or fraudulently capture savings will go to jail with a punishment of 2 to 8 years.

“It’s a necessary tool to strengthen the state’s ability to protect the economic and financial stability. If a scam like the one made by the firm Enron Ponzi scheme operated by Bernard Madoff banker CNV occurring in Argentina can only punish or fine of up to 1.5 million pesos or 6 times the damage. The approval of this project means that these crimes may be punished with prison as well, “Cash told the owner of the CNV, Alejandro Vanoli.

Despite the small size of local market, entrepreneurs and financiers to find ways to profit in an irregular manner. The process of selling to the U.S. Terrabusi Nabisco-Kraft between 1993 and 1994 provides a clear example of insider trading in the country. The directors of the company quoted on the Stock Exchange price reporting obviated the agreement and its subsequent increase during the negotiation process. Thus, before the transaction is effected, a group of managers bought shares Terrabusi knowing that the company would be acquired for a price above the market and managed to expand their margins. In 1996, the CNV was able to establish irregularities related to insider trading. In 2002, Hall D of the National Commercial Appeals reversed the decision of the regulator arguing the absence of direct evidence. Finally, in 2007, the Supreme Court upheld the original ruling and fined the officers who had been made inside trading.

Amendments to the Criminal Code to include offenses insider abuse or illegal collection of funds by brokerage companies that are not authorized to operate shall be accompanied by an improvement and sophistication of the tools to control the local market. In turn, various specialists emphasize the importance of promoting the project delayed to end corporate self-regulation in the trading