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United States Court of Appeals NN
Case 15-2707, Document 90, 05/05/2016, 1765892, Page1 of 51 15-2707(L) 15-2712(CON) United States Court of Appeals NN ! " # ! $ %%&& '()(*+,(-(./ (0 *.1(0 *.1%2234 56%67&%89:%22 Case 15-2707, Document 90, 05/05/2016, 1765892, Page2 of 51 TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................................................................... iii PRELIMINARY STATEMENT ............................................................................... 1 JURISDICTIONAL STATEMENT .......................................................................... 4 STATEMENT OF THE ISSUES............................................................................... 4 STATEMENT OF THE CASE .................................................................................. 5 A. Procedural History ................................................................................. 5 B. Factual Background ............................................................................... 6 SUMMARY OF ARGUMENT ................................................................................. 7 ARGUMENT ........................................................................................................... 10 I. THE DISTRICT COURT’S PERSONAL BENEFIT INSTRUCTION WAS ERRONEOUS AND RESULTED IN GUPTA’S CONVICTION FOR CONDUCT THAT IS NOT A CRIME ........................................................................................................... 10 A. Following Newman, the -
The Promise of Education
THE PROMISE OF EDUCATION ANNUAL REPORT | 2017 Pratham has crafted its strategy thoughtfully and has EVERY CHILD carefully grounded that strategy IN SCHOOL AND in a proven theory of change. LEARNING WELL Of the 26 million Indian children who enter first Our rigorously tested, scalable solutions transform grade each year, half will reach fifth grade unable to academic achievements, self-confidence and life read or write. Founded in partnership with UNICEF trajectories. and the Mumbai Municipal Corporation, Pratham has worked for over two decades to address this Fundamental to our approach is the engagement of education crisis. community stakeholders, government and industry to maximize our impact. Pratham’s low-cost methods We believe that all children deserve access to are versatile and replicable, allowing them to be a quality education and the opportunity to fulfill adapted efficiently and effectively by partners locally their potential. and statewide. A version of this quotation initially appeared in Engine of Impact: Essentials of Strategic Leadership in the Nonprofit Sector by William F. Meehan III and Kim Starkey Jonker. By moving beyond the traditional classroom Our network of dedicated volunteers and educators model and teaching children at the right level, extends—from house to village—from district to rather than grouping them by age, we redefine state—across all of India—with a common goal: This annual report covers the activities of Pratham USA during the period of January 1, 2017 to December 31, 2017. how students learn. every child in school and learning well. However, Pratham’s program statistics reflect data from the 2017-2018 Indian school year. -
The Future of the Firm
Schumpeter The future of the Firm McKinsey looks set to stay top of the heap in management consulting Sep 21st 2013 | From the print edition IT IS one of the engines of global capitalism. Not only does McKinsey provide advice to most of the world’s leading companies (and governments). It also pioneered the idea that business is a profession rather than a mere trade—and a profession that thrives on raw brainpower more than specialist industry knowledge or plain old common sense. Yet McKinsey’s name has suffered a succession of blows in the past 15 years. The Firm, as it calls itself, was deeply involved in the Enron debacle: the energy company’s boss, Jeff Skilling, was a McKinsey veteran who praised the consultancy for doing “God’s work”, and the McKinsey Quarterly published articles on Enron as enthusiastically as Hello! runs pieces about the Beckhams. In 2010 Anil Kumar, a McKinsey consultant, admitted passing inside information to Raj Rajaratnam of Galleon, a hedge fund. Last year Rajat Gupta, a former McKinsey managing partner, was also convicted of passing inside information to Mr Rajaratnam. Life is getting tougher for professional-services firms. Midsized consultancies are already suffering: Monitor Group went bankrupt last year—Deloitte later bought it for $120m—and Booz & Co and Roland Berger are agonising about their futures. If the legal profession is anything to go by, worse is to come: Dewey & LeBoeuf collapsed last year after borrowing heavily in a dash for growth, and other elite law firms are struggling to win business. So, are McKinsey’s best days behind it? Two new publications offer some interesting answers. -
Rajat Gupta's Trial: the Case for Civil Charges
http://www.slate.com/articles/news_and_politics/jurisprudence/2012/05/rajat_gupta_s_trial_the_case_for_civil_charges_against_him_.html Rajat Gupta’s trial: The case for civil charges against him. By Harlan J. Protass | Posted Friday, May 18, 2012, at 8:00 AM ET | Posted Friday, May 18, 2012, at 8:00 AM ET Slate.com Take Their Money and Run The government should fine the hell out of Rajat Gupta instead of criminally prosecuting him. Rajat Gupta, former Goldman Sachs board member, leaves a Manhattan court after surrendering to federal authorities Oct. 26, 2011 in New York City Photograph by Spencer Platt/Getty Images. On Monday, former McKinsey & Company chief executive Rajat Gupta goes on trial for insider trading. Gupta is accused of sharing secrets about Goldman Sachs and Proctor & Gamble with Raj Rajaratnam, the former chief of hedge fund giant Galleon Group, who was convicted in October 2011 of the same crime. Gupta and Rajaratnam are the biggest names in the government’s 3-year-old crackdown on illegal trading on Wall Street. So far, prosecutors have convicted or elicited guilty pleas from more than 60 traders, hedge fund managers, and other professionals. Federal authorities said in February that they are investigating an additional 240 people for trading on inside information. About one half have been identified as “targets,” meaning that government agents believe they committed crimes and are building cases against them. Officials are so serious about their efforts that they even produced a public service announcement about fraud in the public markets. It features Michael Douglas, the Academy Award winning actor who played corrupt financier Gordon Gekko in the 1987 hit film Wall Street. -
15-2707(L) Gupta V USA UNITED STATES COURT of APPEALS
15‐2707(L) Gupta v USA 1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND CIRCUIT 3 ‐ ‐ ‐ ‐ ‐ ‐ 4 August Term, 2018 5 (Argued: November 16, 2016 Decided: January 11, 2019) 6 Docket Nos. 15‐2707(L), ‐2712(C) 7 8 RAJAT K. GUPTA, 9 Petitioner‐Appellant, 10 ‐ v. ‐ 11 UNITED STATES OF AMERICA, 12 Respondent‐Appellee. 13 14 Before: KEARSE, WESLEY, and DRONEY, Circuit Judges. 15 Petitioner Rajat K. Gupta, whose 2012 convictions of substantive and 16 conspiracy crimes of securities fraud, in violation of 15 U.S.C. §§ 78j(b) and 78ff, and 17 18 U.S.C. § 371, were upheld on appeal in 2014, see United States v. Gupta, 747 F.3d 111 1 (2d Cir. 2014), appeals from a 2015 judgment of the United States District Court for 2 the Southern District of New York, Jed S. Rakoff, Judge, denying Guptaʹs motion to 3 vacate his convictions pursuant to 28 U.S.C. § 2255 on the ground that the trial courtʹs 4 instructions to the jury as to the ʺpersonal benefitʺ component of an insider trading 5 offense were legally invalid in light of this Courtʹs 2014 decision in United States v. 6 Newman, 773 F.3d 438 (2d Cir. 2014) (ʺNewmanʺ). The district court denied the motion, 7 concluding principally that Gupta, who had objected to those instructions at trial, 8 procedurally defaulted his present contention by not pursuing his objection on the 9 direct appeal from his conviction; that he made no showing that would excuse the 10 default; and that, in any event, the jury instructions were consistent with Newman, 11 even as interpreted by Gupta. -
Of 2 16Th June 2012 Rajat Gupta Convicted of Insider Trading Rajat Gupta, One of the Most Successful Indian Americans On
Rajat Gupta convicted of insider trading Rajat Gupta, one of the most successful Indian Americans on Wall Street, was found guilty of passing confidential market information to Galleon hedge fund founder Raj Rajaratnam in one of America's biggest insider trading cases. A Manhattan court held the 63-year-old former Goldman Sachs director guilty of providing insider information to his former friend, Mr. Rajaratnam, who was sentenced last year to 11 years in prison for insider trading. Mr. Gupta was found guilty on four counts out of six charges. The court will pronounce the sentence on October 18. Prosecutors had accused Mr. Gupta of providing market-moving information to Mr. Rajaratnam while serving on the board of Goldman Sachs and heading McKinsey&Co. He was found guilty for providing information about the $5-billion investment by Warren Buffett's Berkshire Hathaway Inc., and about Goldman stock on October 24, 2008. Securities fraud carries a maximum prison sentence of 20 years, while conspiracy carries a five-year maximum prison sentence. Dalbir Singh Suhag to head Eastern Army Command The government has cleared the appointment of Lt-General Dalbir Singh Suhag, on whom previous Army chief General V K Singh had imposed a discipline and vigilance (DV) promotion ban, as the new chief of the Eastern Army Command in Kolkata. This comes after new Army chief Gen Bikram Singh on June 8 lifted the DV ban on Lt-Gen Suhag, the current three Corps commander at Dimapur who is tipped to take over the force from him in August 2014. Gen Bikram Singh lifted the DV ban on Lt-Gen Suhag after accepting his explanation to the showcause censure notice imposed on him by Gen V K Singh just days before retirement on May 31. -
The Bay Area-Silicon Valley and India Convergence and Alignment in the Innovation Age Project Lead Sponsors
June 2019 The Bay Area-Silicon Valley and India Convergence and Alignment in the Innovation Age Project Lead Sponsors Project Supporting Sponsors ABOUT THE BAY AREA COUNCIL ECONOMIC INSTITUTE Since 1990, the Bay Area Council Economic Institute and the state, including infrastructure, globalization, has been the leading think tank focused on the science and technology, and health policy. It is guided economic and policy issues facing the San Francisco by a Board of Advisors drawn from influential leaders in Bay Area-Silicon Valley, one of the most dynamic regions the corporate, academic, non-profit, and government in the United States and the world’s leading center sectors. The Institute is housed at and supported by for technology and innovation. A valued forum for the Bay Area Council, a public policy organization that stakeholder engagement and a respected source of includes hundreds of the region’s largest employers information and fact-based analysis, the Institute is a and is committed to keeping the Bay Area the trusted partner and adviser to both business leaders world’s most competitive economy and best place and government officials. Through its economic and to live. The Institute also supports and manages the policy research and its many partnerships, the Institute Bay Area Science and Innovation Consortium (BASIC), addresses major factors impacting the competitiveness, a partnership of Northern California’s leading scientific economic development and quality of life of the region research laboratories and thinkers. Contents Executive Summary ...................................................4 CHAPTER 6 Information Technology: Upward Mobility .............51 Introduction ...............................................................7 Government Initiatives ............................................. 54 CHAPTER 1 Trends ...................................................................... 55 India’s Economy: Poised for Takeoff .........................9 The Bay Area-IT Connection Shifts ........................ -
FINAL DISTRIBUTION.Xlsx
Annexure-1A 1)Taxpayers with turnover above Rs 1.5 Crores a) Taxpayers falling under the jurisdiction of the Centre Taxpayer's Name SL NO GSTIN Registration Name TRADE_NAME 1 EASTERN COAL FIELDS LTD. EASTERN COAL FIELDS LTD. 19AAACE7590E1ZI 2 SAIL (D.S.P) SAIL (D.S.P) 19AAACS7062F6Z6 3 CESC LTD. CESC LIMITED 19AABCC2903N1ZL 4 MATERIALS CHEMICALS AND PERFORMANCE INTERMEDIARIESMCC PTA PRIVATE INDIA CORP.LIMITED PRIVATE LIMITED 19AAACM9169K1ZU 5 N T P C / F S T P P LIMITED N T P C / F S T P P LIMITED 19AAACN0255D1ZV 6 DAMODAR VALLEY CORPORATION DAMODAR VALLEY CORPORATION 19AABCD0541M1ZO 7 BANK OF NOVA SCOTIA 19AAACB1536H1ZX 8 DHUNSERI PETGLOBAL LIMITED DHUNSERI PETGLOBAL LIMITED 19AAFCD5214M1ZG 9 E M C LTD 19AAACE7582J1Z7 10 BHARAT SANCHAR NIGAM LIMITED BHARAT SANCHAR NIGAM LIMITED 19AABCB5576G3ZG 11 HINDUSTAN UNILEVER LIMITED 19AAACH1004N1ZR 12 GUJARAT COOPERATIVE MILKS MARKETING FEDARATION LTD 19AAAAG5588Q1ZT 13 VODAFONE MOBILE SERVICES LIMITED VODAFONE MOBILE SERVICES LIMITED 19AAACS4457Q1ZN 14 N MADHU BHARAT HEAVY ELECTRICALS LTD 19AAACB4146P1ZC 15 JINDAL INDIA LTD 19AAACJ2054J1ZL 16 SUBRATA TALUKDAR HALDIA ENERGY LIMITED 19AABCR2530A1ZY 17 ULTRATECH CEMENT LIMITED 19AAACL6442L1Z7 18 BENGAL ENERGY LIMITED 19AADCB1581F1ZT 19 ANIL KUMAR JAIN CONCAST STEEL & POWER LTD.. 19AAHCS8656C1Z0 20 ELECTROSTEEL CASTINGS LTD 19AAACE4975B1ZP 21 J THOMAS & CO PVT LTD 19AABCJ2851Q1Z1 22 SKIPPER LTD. SKIPPER LTD. 19AADCS7272A1ZE 23 RASHMI METALIKS LTD 19AACCR7183E1Z6 24 KAIRA DISTRICT CO-OP MILK PRO.UNION LTD. KAIRA DISTRICT CO-OP MILK PRO.UNION LTD. 19AAAAK8694F2Z6 25 JAI BALAJI INDUSTRIES LIMITED JAI BALAJI INDUSTRIES LIMITED 19AAACJ7961J1Z3 26 SENCO GOLD LTD. 19AADCS6985J1ZL 27 PAWAN KR. AGARWAL SHYAM SEL & POWER LTD. 19AAECS9421J1ZZ 28 GYANESH CHAUDHARY VIKRAM SOLAR PRIVATE LIMITED 19AABCI5168D1ZL 29 KARUNA MANAGEMENT SERVICES LIMITED 19AABCK1666L1Z7 30 SHIVANANDAN TOSHNIWAL AMBUJA CEMENTS LIMITED 19AAACG0569P1Z4 31 SHALIMAR HATCHERIES LIMITED SHALIMAR HATCHERIES LTD 19AADCS6537J1ZX 32 FIDDLE IRON & STEEL PVT. -
Sentencing the Why of White Collar Crime
SENTENCING THE WHY OF WHITE COLLAR CRIME Todd Haugh* “So why did Mr. Gupta do it?” That question was at the heart of Judge Jed Rakoff’s recent sentencing of Rajat Gupta, a former Wall Street titan and the most high-profile insider-trading defendant of the past thirty years. The answer, which the court actively sought by inquiring into Gupta’s psychological motivations, resulted in a two-year sentence, eight years less than the government requested. What was it that Judge Rakoff found in Gupta that warranted such a lenient sentence? While it was ultimately unclear to the court exactly what motivated Gupta to commit such a “terrible breach of trust,” it is exceedingly clear that Judge Rakoff’s search for those motivations impacted the sentence imposed. This search by judges sentencing white collar defendants—the search to understand the “why” motivating defendants’ actions—is what this Article explores. When judges inquire into defendants’ motivations, they necessarily delve into the psychological mechanisms defendants employ to free themselves from the social norms they previously followed, thereby allowing themselves to engage in criminality. These “techniques of neutralization” are precursors to white collar crime, and they impact courts’ sentencing decisions. Yet the role of neutralizations in sentencing has been largely unexamined. This Article rectifies that absence by drawing on established criminological theory and applying it to three recent high-profile white collar cases. Ultimately, this Article concludes that judges’ search for the “why” of white collar crime, which occurs primarily through the exploration of offender neutralizations, is legally and normatively justified. While there are significant potential drawbacks to judges conducting these inquiries, they are outweighed by the benefits of increased individualized sentencing and opportunities to disrupt the mechanisms that make white collar crime possible. -
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT of NEW YORK ––––––––––––––––––––––––––––––––––––––––– X : UNITED STATES of AMERICA : No
Case 1:11-cr-00907-JSR Document 123 Filed 10/17/12 Page 1 of 99 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ––––––––––––––––––––––––––––––––––––––––– x : UNITED STATES OF AMERICA : No. S1 11 Cr. 907 (JSR) - against - : RAJAT K. GUPTA, : Defendant. : ––––––––––––––––––––––––––––––––––––––––– x SENTENCING MEMORANDUM OF RAJAT K. GUPTA KRAMER LEVIN NAFTALIS & FRANKEL LLP 1177 Avenue of the Americas New York, New York 10036 (212) 715-9100 Attorneys for Rajat K. Gupta KL3 2899754.1 Case 1:11-cr-00907-JSR Document 123 Filed 10/17/12 Page 2 of 99 TABLE OF CONTENTS Page I. PRELIMINARY STATEMENT .........................................................................................1 II. MR. GUPTA’S PERSONAL BACKGROUND AND CHARACTER ...............................3 A. Personal History, Education, and Career .................................................................3 1. Early Life .....................................................................................................3 2. Indian Institute of Technology .....................................................................5 3. Harvard Business School .............................................................................6 4. McKinsey .....................................................................................................8 B. Family ....................................................................................................................13 C. Compassion, Kindness and Generosity..................................................................19 -
Document Filed by Ilene Richman
No. 20-222 In the Supreme Court of the United States GOLDMAN SACHS GROUP, INC., ET AL., PETITIONERS v. ARKANSAS TEACHER RETIREMENT SYSTEM, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT JOINT APPENDIX (VOLUME 1; PAGES 1-400) KANNON K. SHANMUGAM THOMAS C. GOLDSTEIN PAUL, WEISS, RIFKIND, GOLDSTEIN & RUSSELL, P.C. WHARTON & GARRISON LLP 7475 Wisconsin Avenue 2001 K Street, N.W. Suite 850 Washington, DC 20006 Bethesda, MD 20814 (202) 223-7300 (202) 362-0636 [email protected] [email protected] Counsel of Record Counsel of Record for Petitioners for Respondents PETITION FOR A WRIT OF CERTIORARI FILED: AUGUST 21, 2020 CERTIORARI GRANTED: DECEMBER 11, 2020 TABLE OF CONTENTS Page VOLUME 1 Court of appeals docket entries (No. 18-3667) ................... 1 Court of appeals docket entries (No. 16-250) ..................... 5 District court docket entries (No. 10-3461) ........................ 8 Goldman Sachs 2007 Form 10-K: Conflicts Warning (D. Ct. Dkt. No. 78-6) .................................................... 23 Goldman Sachs 2007 Annual Report: Business Principles (D. Ct. Dkt. No. 143-16) ............................. 30 Financial Times, Markets & Investing, “Goldman’s risk control offers right example of governance,” Dec. 5, 2007 (D. Ct. Dkt. No. 193-20) .......................... 34 Dow Jones Business News, “13 Reasons Bush’s Bailout Won’t Stop Recession,” Dec. 11, 2007 (D. Ct. Dkt. No. 170-24) ................................................ 37 The Wall Street Journal, “How Goldman Won Big on Mortgage Meltdown,” Dec. 14, 2007 (front page) (D. Ct. Hearing Ex. T) ....................................... 42 The New York Times, Off the Shelf, “Economy’s Loss Was One Man’s Gain,” Dec. -
Hedge Fund Insider Trading Case in History
United States Attorney Southern District of New York FOR IMMEDIATE RELEASE CONTACT: U.S. ATTORNEY’S OFFICE OCTOBER 16, 2009 YUSILL SCRIBNER, REBEKAH CARMICHAEL, JANICE OH PUBLIC INFORMATION OFFICE (212) 637-2600 FBI JIM MARGOLIN, MONICA McLEAN PUBLIC INFORMATION OFFICE (212) 384-2720, 2715 MANHATTAN U.S. ATTORNEY CHARGES HEDGE FUND MANAGERS, FORTUNE 500 EXECUTIVES, AND MANAGEMENT CONSULTING DIRECTOR IN $20 MILLION INSIDER TRADING CASE PREET BHARARA, the United States Attorney for the Southern District of New York, and JOSEPH DEMAREST, JR., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation ("FBI"), today announced charges against six individuals arising out of their alleged involvement in the largest hedge fund insider trading case in history. The defendants include: RAJ RAJARATNAM, the Managing Member of Galleon Management, LLC ("Galleon"), and a portfolio manager for Galleon Technology Offshore, Ltd.; DANIELLE CHIESI, an employee of New Castle Funds, LLC ("New Castle"), formerly the equity hedge fund group of Bear Stearns Asset Management, Inc.; MARK KURLAND, a top executive at New Castle; RAJIV GOEL, a Director in Strategic Investments at Intel Capital, the investment arm of Intel Corporation ("Intel"); ANIL KUMAR, a Director at McKinsey & Company, Inc. ("McKinsey"), a global management consulting firm; and ROBERT MOFFAT, Senior Vice President and Group Executive at International Business Machines Corporation ("IBM"). All are charged with participating in insider trading schemes that together netted more than $20 million in illegal profits. This case represents the first time that court-authorized wiretaps have been used to target significant insider trading on Wall Street. All of the defendants were arrested this morning by agents of the FBI.