By Christopher M. Matthews 

Federal prosecutors examining insider trading on Wall Street might have been wise to quit while they were ahead.

That is the view of some legal specialists in light of Wednesday's ruling, in which a federal appeals court overturned two insider convictions, put a third in jeopardy and said prosecutors SHYoverreached.

The office of Manhattan U.S. attorney Preet Bharara had racked up 89 wins in a five-year investigation, work that rattled Wall Street and landed him on the cover of Time magazine.

But the Second U.S. Circuit Court of Appeals vacated the December 2012 convictions of former hedge-fund traders Todd Newman and Anthony Chiasson, criticized prosecutors for the "doctrinal novelty" of recent insider-trading cases and suggested they had strayed too far from going after the real villains.

Prosecutors continued to press ahead with cases that weren't as clear-cut, involving tippees further removed from the sources of information, and without the benefit of wiretaps that had bolstered the earlier string of convictions and guilty pleas.

As the number of insider-trading cases in the pipeline dwindled, prosecutors were left with the tough ones. Over the summer, for instance, Rengan Rajaratnam, the younger brother of Galleon Group founder Raj, was acquitted of insider-trading charges by a jury.

In the wake of Wednesday's ruling, parties on both sides of the issue were sifting through the fallout and advocating their positions.

Defense lawyers smarting from five years' worth of defeats were seizing on the ruling as the final verdict of prosecutorial overreach. Lawyer Ross Albert of Morris Manning & Martin, who has worked at the Securities and Exchange Commission, said the ruling brings back "some needed balance to insider-trading law."

On the other side are alumni of the Manhattan U.S. attorney's office who said some of the judges' admonishments weren't fair. The hardest cases were saved for last, and there was always a chance of defeat. That prospect, however, wasn't reason to avoid going to trial, they said.

"When you get to the end of a series of prosecutions like these, the ones at the end are not as core and easy as the ones at the beginning," said Jonathan Streeter, who prosecuted Raj Rajaratnam and is now a partner at Dechert LLP.

Both sides agree the ruling will make insider-trading prosecutions tougher going forward. The court said prosecutors must prove traders knew that the person who provided an inside tip gained some sort of tangible reward for doing so.

The ruling is already reverberating through the downtown Manhattan federal court. Thursday, a judge set a hearing date for later this month to discuss whether the ruling would affect the guilty pleas of four men who admitted they conspired to trade using inside information about a company's merger with IBM Corp.

After Wednesday's ruling, the marquee conviction of former SAC Capital portfolio manager Michael Steinberg may also be under threat, legal experts say. The confidant of SAC founder Steven A. Cohen was convicted last December and was layers removed from the source of the confidential information, similar to Messrs. Newman and Chiasson. He plans to appeal on similar grounds.

Legal experts have also questioned whether the ruling will weaken the SEC's suit against SAC's Mr. Cohen for allegedly failing to supervise traders at his firm, including Mr. Steinberg. A spokesman for SAC Capital, now known as Point72 Asset Management, declined to comment. The SEC chairman, Mary Jo White, said Thursday that the agency was reviewing the ruling. Mr. Bharara's office said it is considering its legal options.

Judge Richard Holwell, who presided over Raj Rajaratnam's 2011 trial, said prosecutors may have made different choices in hindsight, but the record shows that they "won a lot of cases, and they put a lot of people on notice that government wasn't going to tolerate insider SHYtrading."

The judge, who resigned the bench to start a litigation firm, added: "In the fullness of time, it probably doesn't detract from the legacy."

Write to Christopher M. Matthews at christopher.matthews@wsj.com

Access Investor Kit for International Business Machines Corp.

Visit http://www.companyspotlight.com/partner?cp_code=P479&isin=US4592001014

Subscribe to WSJ: http://online.wsj.com?mod=djnwires

International Business M... (NYSE:IBM)
Historical Stock Chart
From Apr 2024 to May 2024 Click Here for more International Business M... Charts.
International Business M... (NYSE:IBM)
Historical Stock Chart
From May 2023 to May 2024 Click Here for more International Business M... Charts.