Rajat Gupta case holds a lesson for India where the markets trying hard to attract the small investor
For a while,the American Dream appeared to be on trial in the insider trading case of US vs Rajat Gupta,where the defendant was an immigrant orphan who rose to the top of the corporate ladder. The jury seemed to want to let Gupta walk free,but eventually they supported the rule of law by delivering a guilty verdict. They were not swayed by emotive defence arguments highlighting Guptas stature and philanthropy,and character certificates from friends and family. The judge had set the rubric of the case in the very first hearing by ruling out Mother Teresa arguments. The case has been closed very quickly and Gupta must await sentencing,since the US system does not usually entertain appeals in such matters.
The jury seems to have unwillingly indicted the American Dream, but it has protected its basis,capitalism. In turn,market capitalism is based on the rule of law,without which there would be no investor confidence. The fate of Gupta,one of several market professionals of South Asian origin recently indicted in the US where over half of the population is invested in the market holds a lesson for India. Here,lack of awareness,confidence and trust have stalled market participation to just over two per cent of the population.
India developed a strong regulatory framework after the Harshad Mehta and Ketan Parekh scams,but market information remains a grey area. Private tip-offs,media investment advice without adequate disclosure and the slowness of the courts reduce investor confidence. Stakeholders should voluntarily collaborate to create a culture of propriety and transparency that encourages investment. Swift action against those who break the law after a fair and impartial probe instils confidence in the investor and the market. Otherwise,markets remain skewed,making it very difficult for small investments to reach the critical mass needed to sustain the growth story.