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Indian-Origin Hedge Fund Manager Seeks To Overturn Conviction
In his motion, Martoma said the government failed to prove beyond reasonable doubt that he committed any of the crimes he was charged with and that he obtained non-public information from two doctors who knew about the clinical trial.
The government also could not prove that the two doctors obtained a personal benefit from sharing confidential material with Martoma, the motion said.
The prosecutors could not prove that Martoma agreed with the doctors who knew of the information about the clinical trial to commit insider trading or had the "requisite criminal intent to do so", it said.
Martoma said a new trial should be ordered since "the jury was tainted by evidence unrelated to the charged offenses...and the jury was presumptively biased by the unsealed motions...concerning Martoma's dismissal from Harvard Law School."
The motion said information that Martoma was kicked out of Harvard for allegedly doctoring his law school transcript to try to gain a federal clerkship emerged in the midst of jury selection and "garnered widespread media attention and negative publicity, rendering the jurors presumptively biased."
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Source: PTI
