1 00:00:03,160 --> 00:00:07,960 Speaker 1: This is Bloombird Law with June Brusso from Bloomberg Radio. 2 00:00:09,200 --> 00:00:13,400 Speaker 1: Justice Brett Kavanaugh is the Supreme Court's lightning rod, despite 3 00:00:13,440 --> 00:00:15,480 Speaker 1: the fact that he's at the center of the court 4 00:00:15,720 --> 00:00:19,840 Speaker 1: in the majority more than any other Justice. Protesters demonstrate 5 00:00:19,880 --> 00:00:24,639 Speaker 1: at his home regularly and recently converged outside of Washington restaurant, 6 00:00:24,720 --> 00:00:27,240 Speaker 1: forcing him to leave by the back door, and of 7 00:00:27,280 --> 00:00:30,600 Speaker 1: course he's mocked by late night comedians who won't get 8 00:00:30,640 --> 00:00:32,800 Speaker 1: over that rant on his love of beer at his 9 00:00:32,920 --> 00:00:37,360 Speaker 1: confirmation hearings. Stephen Colbert seems to make the most of it. Yes, 10 00:00:37,440 --> 00:00:41,920 Speaker 1: we drank beer. I liked beer. Still like beer. We 11 00:00:42,040 --> 00:00:47,080 Speaker 1: drank beer. Do you drink beer? Like beer? Still like beer? 12 00:00:47,640 --> 00:00:52,559 Speaker 1: Drank beer? Then reach for a cold bottle of Kavanaugh Cava. 13 00:00:53,200 --> 00:00:56,680 Speaker 1: Kavanaugh Beer is full body for great drink ability and 14 00:00:56,760 --> 00:01:01,360 Speaker 1: Supreme Judge ability, and a recent more Kent University Law 15 00:01:01,360 --> 00:01:05,200 Speaker 1: School poll seems to confirm the obvious. Kavanaugh had by 16 00:01:05,200 --> 00:01:09,160 Speaker 1: far the Court's worst net favorability rating of negative eleven 17 00:01:09,160 --> 00:01:12,919 Speaker 1: percentage points. The only other Johnstice with a negative rating 18 00:01:13,040 --> 00:01:16,600 Speaker 1: was Amy Coney Barrett at negative two. My guest is 19 00:01:16,640 --> 00:01:19,920 Speaker 1: Barbara Perry, a presidential and Supreme Court scholar at the 20 00:01:20,040 --> 00:01:24,120 Speaker 1: University of Virginia's Miller Center, Barbara From all the protests 21 00:01:24,200 --> 00:01:27,360 Speaker 1: against Kavanaugh, you'd never know that he was at the 22 00:01:27,400 --> 00:01:30,119 Speaker 1: center of the court. Well, I suppose we should begin 23 00:01:30,200 --> 00:01:34,119 Speaker 1: by saying that the center has shifted so that even 24 00:01:34,480 --> 00:01:38,400 Speaker 1: Chief Justice Roberts now seems much more moderate and much 25 00:01:38,440 --> 00:01:43,960 Speaker 1: more centrist relatively speaking, than those like Alito and the 26 00:01:44,040 --> 00:01:47,600 Speaker 1: three Trump nominees on the far far right. But it 27 00:01:47,720 --> 00:01:50,840 Speaker 1: is the case, by whatever measure we're now using, even 28 00:01:50,840 --> 00:01:54,240 Speaker 1: if the center has shifted, at least Brett Kavanaugh is 29 00:01:54,320 --> 00:01:56,640 Speaker 1: closer to that than he is to the far right. 30 00:01:57,080 --> 00:02:01,520 Speaker 1: He's also less confrontational during oral arguments than some of 31 00:02:01,520 --> 00:02:05,800 Speaker 1: the other justices like Samuel Alito. Sometimes you think from 32 00:02:05,840 --> 00:02:08,800 Speaker 1: what he says, he's going to vote with the liberals. 33 00:02:09,160 --> 00:02:12,880 Speaker 1: Do you think it's deliberate? I think that is probably 34 00:02:13,040 --> 00:02:18,160 Speaker 1: his personality, and that the aberration was his anger at 35 00:02:18,240 --> 00:02:21,840 Speaker 1: his own confirmation hearings four years ago. And we have 36 00:02:21,960 --> 00:02:27,119 Speaker 1: information that Trump talked to him and said go low 37 00:02:27,160 --> 00:02:30,720 Speaker 1: and go angry, and so that that's probably not his 38 00:02:30,880 --> 00:02:36,120 Speaker 1: normal approach to his public life, and that he did 39 00:02:36,200 --> 00:02:39,320 Speaker 1: that in order to get through and to please Donald 40 00:02:39,320 --> 00:02:42,000 Speaker 1: Trump and to please the Trump is in the Senate 41 00:02:42,000 --> 00:02:45,480 Speaker 1: and on the Judiciary Committee. So I suspect that while 42 00:02:45,520 --> 00:02:49,160 Speaker 1: he's very, very conservative, it certainly has a conservative background. 43 00:02:49,560 --> 00:02:52,959 Speaker 1: I suspect that his personality is much more moderate than 44 00:02:53,040 --> 00:02:56,400 Speaker 1: he displayed in public in his confirmation hearing, so that 45 00:02:56,520 --> 00:03:00,960 Speaker 1: the true personality in persona Brett Kavanaugh is probably what 46 00:03:01,040 --> 00:03:03,880 Speaker 1: you see in oral arguments and to some extent in 47 00:03:03,960 --> 00:03:06,840 Speaker 1: his opinion. I mean, he's mocked more than the other 48 00:03:06,960 --> 00:03:10,400 Speaker 1: justices who are far more conservative than he is. How 49 00:03:10,480 --> 00:03:13,760 Speaker 1: much of that is duty think to his confirmation hearings, 50 00:03:13,840 --> 00:03:17,480 Speaker 1: As you said, he was angry, he was confrontational, and 51 00:03:17,560 --> 00:03:20,600 Speaker 1: he had some of those frat boy comments. Yes, he 52 00:03:20,639 --> 00:03:23,920 Speaker 1: had not only the unfortunate descriptions of his friend, but 53 00:03:24,000 --> 00:03:28,040 Speaker 1: their unfortunate nicknames. And then what will carry him to 54 00:03:28,280 --> 00:03:32,040 Speaker 1: his grave probably is I like beer all said not 55 00:03:32,160 --> 00:03:36,120 Speaker 1: only with anger, because Claire's Thomas was angry because of 56 00:03:36,160 --> 00:03:39,640 Speaker 1: the Anita Hill accusations at his nomination hearing, but in 57 00:03:39,760 --> 00:03:43,480 Speaker 1: terms of his facial expressions, he had a rather poker 58 00:03:43,640 --> 00:03:47,960 Speaker 1: face but angry voice, whereas Brett Kavanaugh had not only 59 00:03:48,000 --> 00:03:51,040 Speaker 1: anger in his voice, but his scrunched up face, and 60 00:03:51,080 --> 00:03:54,760 Speaker 1: then even when he has his resting, alcoholic, resting, moderate face, 61 00:03:55,360 --> 00:03:58,520 Speaker 1: it is an easily caricatured face. So some people just 62 00:03:58,560 --> 00:04:01,760 Speaker 1: have facial characteristic and it's Richard Nixon and his beady 63 00:04:01,880 --> 00:04:04,400 Speaker 1: dark eyes and his d nose and his dark eyebrows. 64 00:04:04,520 --> 00:04:09,360 Speaker 1: Wreck Havanag just has a face that's easily caricatured by cartoonists, 65 00:04:09,360 --> 00:04:13,320 Speaker 1: but also easily portrayed in a Stephen Colbert monologue or 66 00:04:13,360 --> 00:04:17,080 Speaker 1: a Stephen Colbert cold opening cartoons. In a few cases, 67 00:04:17,440 --> 00:04:20,880 Speaker 1: for example, in the jobs case the abortion case, his 68 00:04:20,920 --> 00:04:24,680 Speaker 1: opinion included a section that said you could limit the 69 00:04:24,720 --> 00:04:28,080 Speaker 1: sweep of the abortion decision and that you won't have 70 00:04:28,440 --> 00:04:31,920 Speaker 1: states going after women who go to other states for abortion. 71 00:04:32,160 --> 00:04:34,560 Speaker 1: So what's his point Is his point, as it was 72 00:04:34,600 --> 00:04:37,039 Speaker 1: in the gun case, to sort of say, Hey, what 73 00:04:37,040 --> 00:04:39,760 Speaker 1: we're doing is not that bad. You don't really have 74 00:04:39,880 --> 00:04:44,440 Speaker 1: to worry about this. I think that he probably believes that, 75 00:04:45,040 --> 00:04:48,279 Speaker 1: and he also may have more moderate clerks around him. So, 76 00:04:48,360 --> 00:04:51,880 Speaker 1: for example, I think the language that Thomas had in 77 00:04:52,040 --> 00:04:56,520 Speaker 1: his concurrence in Dabbs about going back to reconsider gay 78 00:04:56,560 --> 00:05:01,000 Speaker 1: marriage and sexual privacy and contraception, I hear the voice 79 00:05:01,160 --> 00:05:05,720 Speaker 1: of fairly extreme law clerks that Clarence Thomas typically hires. 80 00:05:06,120 --> 00:05:09,159 Speaker 1: And for Brett Kavanaugh, if indeed he is a slightly 81 00:05:09,200 --> 00:05:13,240 Speaker 1: more moderate conservative, he may well have slightly more moderately 82 00:05:13,440 --> 00:05:17,320 Speaker 1: conservative clerks. And let's face it, they do right typically 83 00:05:17,480 --> 00:05:21,240 Speaker 1: the first draft of the Justice's opinions. So here, I 84 00:05:21,279 --> 00:05:25,200 Speaker 1: think Kavanaugh's agreement with the team and his chambers, but 85 00:05:25,320 --> 00:05:27,919 Speaker 1: also it does in his mind, I'm sure, helped to 86 00:05:28,040 --> 00:05:31,560 Speaker 1: separate him from what he must see as the extremism 87 00:05:31,640 --> 00:05:35,920 Speaker 1: from his colleagues from the Trump era and Alito and Thomas. 88 00:05:35,920 --> 00:05:38,520 Speaker 1: But still, I mean, even though he says that, and 89 00:05:38,560 --> 00:05:41,960 Speaker 1: he writes that, he still goes along with the majority 90 00:05:42,000 --> 00:05:44,279 Speaker 1: and gives them the fifth vote that they need or 91 00:05:44,320 --> 00:05:46,960 Speaker 1: the sixth vote that they want. Well, yes, and so 92 00:05:47,120 --> 00:05:50,080 Speaker 1: did the Chief Justice, because I think they all wanted 93 00:05:50,120 --> 00:05:52,760 Speaker 1: to end Row. And then you also get to the 94 00:05:52,839 --> 00:05:55,160 Speaker 1: issue of you know, fool me once, shame on you. 95 00:05:55,200 --> 00:05:57,360 Speaker 1: Whatever it was it for George W. Bush had in 96 00:05:57,400 --> 00:06:00,080 Speaker 1: trouble saying, but you know, if I'm fooled by I 97 00:06:00,080 --> 00:06:02,640 Speaker 1: think it was Susan Collins said, oh, well, but Kevin 98 00:06:02,720 --> 00:06:05,880 Speaker 1: all lied to me about upholding Row. Well, if you 99 00:06:06,000 --> 00:06:09,080 Speaker 1: go back and listen to what those Conservatives were saying 100 00:06:09,120 --> 00:06:12,240 Speaker 1: about Row. They were founding, first of all, the party 101 00:06:12,320 --> 00:06:15,200 Speaker 1: line to get them confirmed, because they all said the 102 00:06:15,200 --> 00:06:17,359 Speaker 1: same thing, and they had all been coached to say that, 103 00:06:17,800 --> 00:06:21,400 Speaker 1: which was yes, it's precedent. Well, that's a truism. Row 104 00:06:21,600 --> 00:06:24,840 Speaker 1: was precedent. Should they pay attention to precedent? Yes, that's 105 00:06:24,880 --> 00:06:27,679 Speaker 1: one of the maxims of self restraint of the court. 106 00:06:27,960 --> 00:06:31,000 Speaker 1: But they didn't just come straight out and say, I 107 00:06:31,040 --> 00:06:36,240 Speaker 1: would never, under any circumstances overturn Row. So nevertheless, they 108 00:06:36,560 --> 00:06:40,200 Speaker 1: led some people to believe, including Susan Collins, that they 109 00:06:40,240 --> 00:06:43,799 Speaker 1: wouldn't vote to overturn Row. So if you believe that, 110 00:06:43,920 --> 00:06:46,880 Speaker 1: then are you going to believe what the Chief Justice 111 00:06:47,040 --> 00:06:49,760 Speaker 1: was saying in the oral arguments, which sounded like he 112 00:06:49,839 --> 00:06:53,159 Speaker 1: wanted to uphold the Mississippi Statute on the fifteen week 113 00:06:53,240 --> 00:06:58,200 Speaker 1: limitations on abortions and yet voted to overturn Row in effect. 114 00:06:58,360 --> 00:07:00,760 Speaker 1: And are you going to believe kavin Off that he 115 00:07:00,800 --> 00:07:04,080 Speaker 1: won't go back with the rest of the Conservatives and 116 00:07:04,160 --> 00:07:08,839 Speaker 1: look at and overturned the sexual privacy cases, the contraceptive cases, 117 00:07:08,880 --> 00:07:11,680 Speaker 1: and the marriage equality cases. I don't think for a 118 00:07:11,800 --> 00:07:15,240 Speaker 1: moment that those are safe with these five men and 119 00:07:15,400 --> 00:07:18,080 Speaker 1: one woman on the bench on the right. As you mentioned, 120 00:07:18,280 --> 00:07:22,200 Speaker 1: Clarence Thomas seems to still be holding a grudge for 121 00:07:22,280 --> 00:07:25,960 Speaker 1: his confirmation thirty years ago. He told his law clerks 122 00:07:26,040 --> 00:07:29,840 Speaker 1: two years after his confirmation, according to a article from 123 00:07:29,840 --> 00:07:32,080 Speaker 1: The New York Times, that he intended to serve on 124 00:07:32,120 --> 00:07:34,400 Speaker 1: the highest court of the land to make the lives 125 00:07:34,440 --> 00:07:39,120 Speaker 1: of liberals miserable. So yes, but it seems like Kavanaugh 126 00:07:39,560 --> 00:07:44,480 Speaker 1: is not taking that tact. He's not, and good for him, 127 00:07:44,520 --> 00:07:48,120 Speaker 1: because I would have argued, as someone who has followed 128 00:07:48,120 --> 00:07:50,360 Speaker 1: the court and studied the court for four decades now 129 00:07:50,400 --> 00:07:53,360 Speaker 1: and served as a judicial fellow there in the midnight nineties, 130 00:07:53,400 --> 00:07:57,360 Speaker 1: and as someone who appreciates what it takes to be 131 00:07:57,720 --> 00:08:00,320 Speaker 1: a federal judge, and especially on the highest court in 132 00:08:00,360 --> 00:08:03,520 Speaker 1: the land, I believe in something that's called judicial temperament. 133 00:08:03,800 --> 00:08:06,440 Speaker 1: That is that a justice not only should be as 134 00:08:06,520 --> 00:08:08,800 Speaker 1: neutral as he or she can be, but they should 135 00:08:08,800 --> 00:08:13,600 Speaker 1: just have the personality and persona of someone with maturity 136 00:08:13,680 --> 00:08:17,000 Speaker 1: and judicial temperament. And I would have made the argument 137 00:08:17,200 --> 00:08:21,520 Speaker 1: that Brett Kevanaugh did not display proper judicial temperament while 138 00:08:21,560 --> 00:08:24,280 Speaker 1: he was at that time a federal judge before the 139 00:08:24,320 --> 00:08:27,520 Speaker 1: Senate Judiciary Commode. So my view is that he, at 140 00:08:27,600 --> 00:08:31,080 Speaker 1: least now after getting on the court, is trying to 141 00:08:31,160 --> 00:08:33,840 Speaker 1: hold to judicial temperament, and as we said, that might 142 00:08:33,920 --> 00:08:37,080 Speaker 1: be his normal persona. Anyway, maybe that's not so hard 143 00:08:37,120 --> 00:08:39,880 Speaker 1: for him and so good for him that he's taking 144 00:08:39,920 --> 00:08:42,880 Speaker 1: a different approach from the I will be angry till 145 00:08:42,960 --> 00:08:46,719 Speaker 1: I die Clarence Thomas vision. And by the way, he 146 00:08:46,840 --> 00:08:50,920 Speaker 1: was also an angry young man, and understandably so. He 147 00:08:51,000 --> 00:08:54,760 Speaker 1: came from the Deep South where he was discriminated against. 148 00:08:54,840 --> 00:08:57,760 Speaker 1: He studied for the priesthood. At one time he was 149 00:08:57,800 --> 00:09:00,960 Speaker 1: in the Catholic seminary, and when he heard people saying 150 00:09:01,040 --> 00:09:05,559 Speaker 1: nasty things about Martin Luther King upon King's assassination, he 151 00:09:05,600 --> 00:09:07,800 Speaker 1: gave up and he left. He left the church at 152 00:09:07,800 --> 00:09:10,000 Speaker 1: that point. He's now come back to the Catholic Church, 153 00:09:10,040 --> 00:09:13,520 Speaker 1: but he's had a lot of anger in his life, 154 00:09:13,760 --> 00:09:16,800 Speaker 1: and it all came tumbling out again because of the 155 00:09:16,840 --> 00:09:20,120 Speaker 1: Anita Hill accusations. Whether they were true or not, it 156 00:09:20,280 --> 00:09:23,480 Speaker 1: certainly riled him up, and he is riled to this day. 157 00:09:23,720 --> 00:09:27,640 Speaker 1: And now being able to have his conservative positions become 158 00:09:27,679 --> 00:09:30,200 Speaker 1: the law of the land he's also must be doing 159 00:09:30,240 --> 00:09:33,400 Speaker 1: a happy dance. So Kavanaugh was a clerk of Justice 160 00:09:33,440 --> 00:09:36,560 Speaker 1: Anthony Kennedy and took his place on the court. Do 161 00:09:36,600 --> 00:09:40,040 Speaker 1: you think that over time Kavanaugh will move closer to 162 00:09:40,120 --> 00:09:43,600 Speaker 1: where Justice Kennedy was or is he just too conservative? 163 00:09:43,840 --> 00:09:48,800 Speaker 1: There's always hope, yes, and particularly since Kavanaugh has messaged 164 00:09:48,880 --> 00:09:52,000 Speaker 1: through his opinions and through his demeanor on the bench, 165 00:09:52,080 --> 00:09:55,200 Speaker 1: and he's not going out and being angry in public 166 00:09:55,440 --> 00:09:58,000 Speaker 1: as Clarence Thomas has been, So I think there is 167 00:09:58,040 --> 00:10:00,160 Speaker 1: hope there. And the other thing I would say as 168 00:10:00,160 --> 00:10:04,319 Speaker 1: a political scientist is that political scientists, scholars who studied 169 00:10:04,320 --> 00:10:09,040 Speaker 1: the court have found that across his history, of justices 170 00:10:09,480 --> 00:10:13,560 Speaker 1: tend to depart from the ideology their appointing president hope 171 00:10:13,600 --> 00:10:16,280 Speaker 1: they would represent on the court. And it typically those 172 00:10:16,360 --> 00:10:20,040 Speaker 1: twenty centers go from being conservatives to liberals, or at 173 00:10:20,080 --> 00:10:23,040 Speaker 1: least to maybe being a swing vote. So Justice Kennedy 174 00:10:23,200 --> 00:10:27,120 Speaker 1: was an example of that. Justice O'Connor. Justice Blackman, interestingly enough, 175 00:10:27,160 --> 00:10:29,880 Speaker 1: who wrote the majority in Rosy Wade, was put on 176 00:10:29,920 --> 00:10:33,360 Speaker 1: the court as a conservative by Richard Nixon, but he 177 00:10:33,520 --> 00:10:37,080 Speaker 1: became a liberal vote, a reliable liberal vote. So yes, 178 00:10:37,160 --> 00:10:40,680 Speaker 1: there's always hope. But nevertheless, even if the three liberals 179 00:10:40,720 --> 00:10:43,800 Speaker 1: got kavanag there's still only at four. And one of 180 00:10:43,800 --> 00:10:46,760 Speaker 1: my favorite elements of being a judicial fellow is meeting 181 00:10:46,760 --> 00:10:49,480 Speaker 1: with the then retired Justice Brennan, a leader of the 182 00:10:49,760 --> 00:10:53,120 Speaker 1: Warrant Court in its liberal revolutions. But he would bring 183 00:10:53,160 --> 00:10:55,760 Speaker 1: in his new clerks every year about this time, and 184 00:10:56,160 --> 00:10:58,240 Speaker 1: he would say, what's the most important word at the court. 185 00:10:58,280 --> 00:11:01,840 Speaker 1: And they were all super bright, and they say justice, liberty, freedom, 186 00:11:01,920 --> 00:11:04,160 Speaker 1: and he'd say no, no, and they'd stop answering. He'd say, 187 00:11:04,200 --> 00:11:06,480 Speaker 1: are you finished? They say yes. He'd hold up one 188 00:11:06,559 --> 00:11:09,120 Speaker 1: hand with all five fingers that lay and he'd say five, 189 00:11:09,520 --> 00:11:12,040 Speaker 1: that's the most important word here at the court. So 190 00:11:12,120 --> 00:11:15,240 Speaker 1: he was a pragmatist. And right now, even if the 191 00:11:15,320 --> 00:11:18,960 Speaker 1: Liberals got Brett Cavanaugh, they'd only or vote. What they 192 00:11:19,000 --> 00:11:21,880 Speaker 1: have to hope is that on some of these instances, 193 00:11:21,920 --> 00:11:24,760 Speaker 1: for example, when Chief does this Roberts voted twice to 194 00:11:24,960 --> 00:11:29,240 Speaker 1: uphold the A c A UH so called Obamacare, maybe 195 00:11:29,280 --> 00:11:32,959 Speaker 1: they could win him over for these cases that are 196 00:11:33,040 --> 00:11:36,680 Speaker 1: hot button social issues that everybody cares about. We'll see 197 00:11:36,679 --> 00:11:40,520 Speaker 1: what happens next term. Thanks so much, Barbara. That's Barbara Perry, 198 00:11:40,600 --> 00:11:43,679 Speaker 1: a presidential and Supreme Court scholar at the University of 199 00:11:43,760 --> 00:11:49,880 Speaker 1: Virginia's Miller Center. When the Manhattan US Attorney Damien Williams 200 00:11:49,960 --> 00:11:54,719 Speaker 1: announced new insider trading charges against a former US Congressman, 201 00:11:55,000 --> 00:11:59,359 Speaker 1: a former Goldman Sachs banker, and a one time FBI trainee, 202 00:11:59,720 --> 00:12:03,840 Speaker 1: he issued a warning. When insider trading occurs, investors who 203 00:12:03,920 --> 00:12:06,800 Speaker 1: played by the rules are left to conclude that the 204 00:12:06,840 --> 00:12:10,440 Speaker 1: deck is stacked against them. The cases that we unsealed 205 00:12:10,520 --> 00:12:14,199 Speaker 1: today demonstrate our commitment to fighting that perception, and it 206 00:12:14,240 --> 00:12:17,679 Speaker 1: should send a strong message to anyone who was even 207 00:12:17,720 --> 00:12:23,160 Speaker 1: thinking about committing insider trading. Cut it out because we're watching, 208 00:12:24,160 --> 00:12:27,599 Speaker 1: and perhaps cut it out because many of these insider 209 00:12:27,679 --> 00:12:32,760 Speaker 1: trading cases show that sometimes crime doesn't really pay. Joining 210 00:12:32,760 --> 00:12:36,280 Speaker 1: me is Bloomberg Legal reporter Bob van Voris. Bob tell 211 00:12:36,360 --> 00:12:40,079 Speaker 1: us about Briget Goyle, who was one of the people indicted. 212 00:12:40,880 --> 00:12:46,160 Speaker 1: Brigett Coyle was an investment banker at Goldman Sachs and 213 00:12:46,200 --> 00:12:50,359 Speaker 1: then moved to Apollo Global, where he was a principal. 214 00:12:50,880 --> 00:12:56,120 Speaker 1: He was charged recently with insider trading. It's alleged that 215 00:12:56,320 --> 00:13:00,640 Speaker 1: he uh and a friend made two thoul and dollars 216 00:13:00,880 --> 00:13:04,800 Speaker 1: in a scheme where they traded on insider information about 217 00:13:05,040 --> 00:13:07,880 Speaker 1: deals that Goal picked up while he was working in 218 00:13:07,960 --> 00:13:14,160 Speaker 1: Coldman Sachs. He was only recently charged with this. His friend, 219 00:13:14,280 --> 00:13:18,520 Speaker 1: a guy named x Shane ran John, former Barclay's trader, 220 00:13:19,000 --> 00:13:23,600 Speaker 1: was sued by the SEC. Goyle please not guilty and 221 00:13:23,679 --> 00:13:26,960 Speaker 1: Naran John is not charged criminally, but he is sued 222 00:13:27,000 --> 00:13:29,760 Speaker 1: by the SEC. One of the interesting things about this 223 00:13:29,840 --> 00:13:33,360 Speaker 1: case is, at least at this point, prosecutors have only 224 00:13:33,400 --> 00:13:39,000 Speaker 1: alleged that Goyle made thousand dollars from the split of 225 00:13:39,040 --> 00:13:43,080 Speaker 1: the money here, which is dwarfed by the amount that 226 00:13:43,280 --> 00:13:46,319 Speaker 1: obviously that he stands to gain as a principal at 227 00:13:46,320 --> 00:13:49,440 Speaker 1: Apollo and as a thirty seven year old in the 228 00:13:49,440 --> 00:13:53,320 Speaker 1: middle of a very promising career. Otherwise, what kind of 229 00:13:53,320 --> 00:13:56,560 Speaker 1: money are we talking about as a principal at Apollo. Well, 230 00:13:56,600 --> 00:14:00,800 Speaker 1: he was looking at probably a million plus a year 231 00:14:01,240 --> 00:14:04,520 Speaker 1: going forward. This was an estimate from a recruiter that 232 00:14:04,600 --> 00:14:08,200 Speaker 1: I talked to over the years. Obviously, this is going 233 00:14:08,320 --> 00:14:11,280 Speaker 1: to grow. His value is going to you know, if 234 00:14:11,320 --> 00:14:14,080 Speaker 1: his career continues to be successful, He's going to make 235 00:14:14,120 --> 00:14:16,040 Speaker 1: a lot of money. He's going to have a very 236 00:14:16,120 --> 00:14:20,240 Speaker 1: high status. He is on leave from Apollo now. As 237 00:14:20,280 --> 00:14:23,760 Speaker 1: I say, he's pleaded not guilty. He hasn't been convicted 238 00:14:23,760 --> 00:14:27,720 Speaker 1: of anything at this point. But this is obviously, at 239 00:14:27,720 --> 00:14:29,920 Speaker 1: the very best, a huge speed pump in his career. 240 00:14:29,920 --> 00:14:33,400 Speaker 1: And if he's convicted, he faces the possibility of prison, 241 00:14:33,560 --> 00:14:36,600 Speaker 1: the loss of his career, and you know all the 242 00:14:36,680 --> 00:14:41,360 Speaker 1: things that go with that. His squash buddy's facing charges 243 00:14:41,400 --> 00:14:46,479 Speaker 1: by the SEC, but wasn't charged criminally taped a conversation 244 00:14:46,600 --> 00:14:51,080 Speaker 1: with him. So the supposition is that he is cooperating 245 00:14:51,080 --> 00:14:54,520 Speaker 1: with prosecutors. That's right. As I say, there's no criminal 246 00:14:54,560 --> 00:14:57,680 Speaker 1: charges against him at the moment, and he has been 247 00:14:57,720 --> 00:15:03,280 Speaker 1: identified as somebody who is coopera rating with the investigators. 248 00:15:03,760 --> 00:15:07,960 Speaker 1: He made as you said, he made a consensual recording 249 00:15:08,240 --> 00:15:14,720 Speaker 1: for investigators with Goel according to prosecutors, in which Coil 250 00:15:14,960 --> 00:15:19,800 Speaker 1: incriminated himself in the scheme. This often happens. We often 251 00:15:19,840 --> 00:15:24,960 Speaker 1: see this in insider trading cases. According to the SEC, 252 00:15:25,600 --> 00:15:29,720 Speaker 1: Coil and Duran John were friends going back all the 253 00:15:29,720 --> 00:15:32,760 Speaker 1: way to grad school, were very close, lived in the 254 00:15:32,840 --> 00:15:36,680 Speaker 1: same apartment building at one point. But then you find 255 00:15:37,160 --> 00:15:41,560 Speaker 1: often when somebody gets jammed up with the possibility of 256 00:15:41,600 --> 00:15:45,320 Speaker 1: criminal charges in prison, they'll flip on, you know, people 257 00:15:45,360 --> 00:15:48,200 Speaker 1: that they were very close to to save themselves, and 258 00:15:48,840 --> 00:15:50,960 Speaker 1: it may be that that's what's going on in this case. 259 00:15:51,720 --> 00:15:55,680 Speaker 1: So the question is, these people are making huge salaries. 260 00:15:55,680 --> 00:15:58,640 Speaker 1: For the most part, directors and investment banks can make 261 00:15:59,040 --> 00:16:01,600 Speaker 1: more than a million dollars a year. They all seem 262 00:16:01,640 --> 00:16:04,000 Speaker 1: to be making a lot of money, So why do 263 00:16:04,080 --> 00:16:07,000 Speaker 1: they do this? Absolutely, and you look at a lot 264 00:16:07,000 --> 00:16:09,080 Speaker 1: of these cases. There are more of these where you 265 00:16:09,120 --> 00:16:13,520 Speaker 1: see people with just so much at risk, with great careers, 266 00:16:13,560 --> 00:16:16,640 Speaker 1: making a lot of money, putting them at risk for 267 00:16:17,080 --> 00:16:21,000 Speaker 1: kind of you know, low level kind of insider trading, 268 00:16:21,520 --> 00:16:23,640 Speaker 1: and you have to ask yourself, you know, what are 269 00:16:23,680 --> 00:16:27,800 Speaker 1: they thinking? And from talking to people, it seems the 270 00:16:27,840 --> 00:16:30,520 Speaker 1: thing that they're thinking the most is I'm not going 271 00:16:30,560 --> 00:16:33,440 Speaker 1: to get caught. This is free money. And that's basically. 272 00:16:33,720 --> 00:16:37,960 Speaker 1: These are risk takers, uh. In their jobs, They're used 273 00:16:38,000 --> 00:16:40,760 Speaker 1: to taking risk with a lot of money, and so 274 00:16:41,640 --> 00:16:44,200 Speaker 1: they are potentially more comfortable with this kind of risk 275 00:16:44,280 --> 00:16:48,160 Speaker 1: than the normal person might be. They're also confident that 276 00:16:48,240 --> 00:16:51,320 Speaker 1: they can sort of manage that risk by you know, 277 00:16:51,480 --> 00:16:56,200 Speaker 1: sort of taking steps to keep uh, the information and 278 00:16:56,440 --> 00:16:58,880 Speaker 1: you know what they're up to, keeping that secret, keeping 279 00:16:58,920 --> 00:17:02,640 Speaker 1: that outside of a view of their employers and potential 280 00:17:02,680 --> 00:17:06,639 Speaker 1: regulators and prosecutors. The problem with that is these are 281 00:17:06,680 --> 00:17:10,320 Speaker 1: not people who are career criminals, right, So obviously you know, 282 00:17:10,720 --> 00:17:12,919 Speaker 1: this is maybe the first time out for a lot 283 00:17:12,960 --> 00:17:15,320 Speaker 1: of these guys, and they screw up. There's also a 284 00:17:15,400 --> 00:17:17,959 Speaker 1: lot of factors that they can't control, right. They passed 285 00:17:18,480 --> 00:17:21,359 Speaker 1: tips to people who maybe then pass them on to 286 00:17:21,680 --> 00:17:24,879 Speaker 1: third parties who are indiscreet, or who passed them on, 287 00:17:25,000 --> 00:17:26,720 Speaker 1: or who makes the kind of trades that are gonna 288 00:17:26,880 --> 00:17:29,439 Speaker 1: draw attention at scrutiny. So there are a lot of 289 00:17:29,440 --> 00:17:33,600 Speaker 1: different ways that these things unraveled. Sometimes, disappointed spouts, you know, 290 00:17:33,680 --> 00:17:37,520 Speaker 1: an angry ax will turn somebody in. Sometimes a person 291 00:17:37,560 --> 00:17:40,560 Speaker 1: will get charged with a tax thing and they'll want 292 00:17:40,640 --> 00:17:43,000 Speaker 1: to get out from under that, and they'll inform on 293 00:17:43,080 --> 00:17:45,359 Speaker 1: somebody that they had done an insider trade with. So 294 00:17:45,400 --> 00:17:47,280 Speaker 1: there are a lot of ways that these things can 295 00:17:47,320 --> 00:17:49,520 Speaker 1: go wrong, and I think a lot of the time 296 00:17:49,600 --> 00:17:52,879 Speaker 1: people aren't thinking that through. And do we know how 297 00:17:53,000 --> 00:17:57,000 Speaker 1: Goile got caught. It appears that it was based on 298 00:17:57,359 --> 00:18:01,720 Speaker 1: the information that was pro bided by his friend and 299 00:18:01,840 --> 00:18:07,680 Speaker 1: by market surveillance, which the SEC and FINRA are doing 300 00:18:07,760 --> 00:18:11,360 Speaker 1: much more of. They've developed market surveillance tools that kind 301 00:18:11,359 --> 00:18:17,080 Speaker 1: of flag potentially problematic trade following a big transaction in 302 00:18:17,080 --> 00:18:20,679 Speaker 1: the market, and they're identifying people that are sort of 303 00:18:20,800 --> 00:18:23,160 Speaker 1: under you know, what used to be the level where 304 00:18:23,160 --> 00:18:25,520 Speaker 1: they would be able to get caught. You don't have 305 00:18:25,600 --> 00:18:28,160 Speaker 1: to make a huge trade, you don't have to necessarily 306 00:18:28,200 --> 00:18:32,120 Speaker 1: be trading, you know, making really flashy options trades anymore. 307 00:18:32,640 --> 00:18:35,359 Speaker 1: They are getting flagged at a much lower level, and 308 00:18:35,520 --> 00:18:37,439 Speaker 1: maybe that they don't think that their trading is at 309 00:18:37,480 --> 00:18:39,560 Speaker 1: a high enough level to be caught. Is there any 310 00:18:39,560 --> 00:18:42,960 Speaker 1: indication that there's a lot more inside trading going on 311 00:18:43,080 --> 00:18:47,200 Speaker 1: than is being caught and prosecuted. It's really hard to tell. 312 00:18:47,280 --> 00:18:50,399 Speaker 1: We know certainly that there are trades out there that 313 00:18:50,440 --> 00:18:53,720 Speaker 1: there's insider trading going on that doesn't get caught. If 314 00:18:53,720 --> 00:18:56,439 Speaker 1: you're just sharing a tip at the golf course or 315 00:18:56,920 --> 00:18:59,320 Speaker 1: at the club, and the person trades on it and 316 00:18:59,440 --> 00:19:02,280 Speaker 1: doesn't make it hunt of money and doesn't tell anybody, 317 00:19:02,640 --> 00:19:04,960 Speaker 1: it's going to be really hard for authorities to get 318 00:19:05,000 --> 00:19:07,679 Speaker 1: at that. So there's certainly trading that goes on. How 319 00:19:07,760 --> 00:19:10,239 Speaker 1: much there is It's hard to tell, right because the 320 00:19:10,280 --> 00:19:12,920 Speaker 1: ones that we know about are the ones where people 321 00:19:12,960 --> 00:19:16,160 Speaker 1: get caught and people get identified and sued or they 322 00:19:16,200 --> 00:19:20,959 Speaker 1: get prosecuted, so notionally, just talking to people, there is 323 00:19:21,119 --> 00:19:23,520 Speaker 1: an idea that there are trades like that out there, 324 00:19:23,600 --> 00:19:25,800 Speaker 1: but it's really hard to quantify. The one thing that's 325 00:19:25,880 --> 00:19:29,520 Speaker 1: kind of interesting about that is that this is not 326 00:19:29,720 --> 00:19:33,320 Speaker 1: too long after pre Berrara, the former U S attorney 327 00:19:33,440 --> 00:19:37,400 Speaker 1: in Manhattan, had a very big crackdown on insider training 328 00:19:37,560 --> 00:19:40,320 Speaker 1: at hedge funds that involved people like rod Rod Rotten 329 00:19:40,920 --> 00:19:43,679 Speaker 1: s a c capital that was very much in the news, 330 00:19:43,760 --> 00:19:46,199 Speaker 1: and you would think that people would be dissuaded, but 331 00:19:46,440 --> 00:19:49,040 Speaker 1: still we continue to see insider training. The new U 332 00:19:49,160 --> 00:19:53,359 Speaker 1: S attorney for Manhattan is he trying to crack down 333 00:19:53,400 --> 00:19:56,280 Speaker 1: on insider trading. It's not clear yet whether he is 334 00:19:56,320 --> 00:19:59,600 Speaker 1: going to be bringing the same number of cases or 335 00:19:59,640 --> 00:20:04,199 Speaker 1: whether the same investigatory resources have been put into this. 336 00:20:04,560 --> 00:20:07,600 Speaker 1: Damien Williams is the new U S attorney in Manhattan, 337 00:20:07,720 --> 00:20:11,439 Speaker 1: and most of these cases will have been initiated before 338 00:20:11,520 --> 00:20:14,120 Speaker 1: he came on the job, So we'll see going forward 339 00:20:14,200 --> 00:20:16,960 Speaker 1: if insider trading is a big priority for Williams or 340 00:20:17,000 --> 00:20:19,560 Speaker 1: if he's just going to be charging the cases as 341 00:20:19,600 --> 00:20:21,080 Speaker 1: they come up. I just want to go to a 342 00:20:21,119 --> 00:20:24,640 Speaker 1: few older cases of people who have been prosecuted, and 343 00:20:24,720 --> 00:20:27,159 Speaker 1: you know one that sticks out to me is Shaun 344 00:20:27,280 --> 00:20:30,640 Speaker 1: Stewart because he tipped off his father and he ended 345 00:20:30,720 --> 00:20:33,119 Speaker 1: up going to prison for it. That's right. That was 346 00:20:33,280 --> 00:20:37,120 Speaker 1: a case in which Sean Stewart, uh he's the former 347 00:20:37,520 --> 00:20:41,520 Speaker 1: Carella Weinberg Partners banker, and he was convicted of sharing 348 00:20:41,520 --> 00:20:44,240 Speaker 1: a number of tips about healthcare mergers with his father. 349 00:20:44,480 --> 00:20:47,840 Speaker 1: The father then apparently passed them along to a friend 350 00:20:47,880 --> 00:20:50,760 Speaker 1: of his who traded I think upwards of a million 351 00:20:50,760 --> 00:20:54,720 Speaker 1: dollars in the tips and ended up getting caught and 352 00:20:54,960 --> 00:20:59,080 Speaker 1: flipping on both Sean Stewart and his father. Sean Stewart 353 00:20:59,119 --> 00:21:02,840 Speaker 1: went to trial, was convicted, and was sentenced to two 354 00:21:02,920 --> 00:21:07,159 Speaker 1: years in prison. The only profit that the government was 355 00:21:07,200 --> 00:21:10,439 Speaker 1: able to say that he made from this from tipping 356 00:21:10,480 --> 00:21:14,119 Speaker 1: off his father was that when Sean got married, the 357 00:21:14,240 --> 00:21:18,240 Speaker 1: father used ten thousand dollars the money that he got 358 00:21:18,240 --> 00:21:21,200 Speaker 1: in his trades to pay for the photographer at the wedding. 359 00:21:21,359 --> 00:21:25,560 Speaker 1: So you know, obviously the risk benefit there is just 360 00:21:25,680 --> 00:21:28,600 Speaker 1: way out of line and Stewart's career is over. He 361 00:21:29,400 --> 00:21:31,760 Speaker 1: is not making the money that he once made and 362 00:21:31,960 --> 00:21:35,280 Speaker 1: is barred from the industry. Dollars a lot for a 363 00:21:35,320 --> 00:21:39,520 Speaker 1: wedding photographer, I think absolutely so these are like small 364 00:21:39,560 --> 00:21:43,440 Speaker 1: time gains made. But there are some people who make 365 00:21:43,680 --> 00:21:48,240 Speaker 1: huge money on insider trading. Yeah, absolutely, um. There are 366 00:21:48,320 --> 00:21:53,080 Speaker 1: examples of very, very big insider trading cases. The biggest 367 00:21:53,280 --> 00:21:56,240 Speaker 1: individual case that anybody is aware of is a guy 368 00:21:56,280 --> 00:22:01,320 Speaker 1: named Matthew Martoma, former s a C Capital Advisor portfolio manager. 369 00:22:01,520 --> 00:22:04,880 Speaker 1: He was convicted of making two d and seventy six 370 00:22:04,960 --> 00:22:09,560 Speaker 1: million dollars for the firm for SAC Capital trading on 371 00:22:10,080 --> 00:22:14,679 Speaker 1: information about the development of an alzheimer drug. Rod Roger 372 00:22:14,760 --> 00:22:17,560 Speaker 1: Rottenham of Galleon Group, in a very famous case, was 373 00:22:17,600 --> 00:22:22,000 Speaker 1: convicted of a scheme that prosecutors said netted his hedge 374 00:22:22,000 --> 00:22:25,960 Speaker 1: fund seventy two million dollars. And in a somewhat lesser 375 00:22:25,960 --> 00:22:29,159 Speaker 1: known case, a Swiss trader named Mark domain to Be 376 00:22:29,720 --> 00:22:33,560 Speaker 1: admitted that he made at least seventy million dollars from 377 00:22:33,560 --> 00:22:38,040 Speaker 1: an international insider trading rank that traded on information stolen 378 00:22:38,080 --> 00:22:41,879 Speaker 1: by bankers. And this was a multi continent insider trading 379 00:22:41,960 --> 00:22:46,720 Speaker 1: rank and domain to be was able to cooperate and 380 00:22:47,160 --> 00:22:49,840 Speaker 1: avoid the prison sentence. He spent some time in jail 381 00:22:49,840 --> 00:22:52,640 Speaker 1: before his trial, but he's free now. Did you recently 382 00:22:52,680 --> 00:22:55,400 Speaker 1: speak to RAJ rog Rottenham after his he came out 383 00:22:55,400 --> 00:22:59,040 Speaker 1: of prison. I did. I went to Roger. Roger Rottenham 384 00:22:59,119 --> 00:23:03,320 Speaker 1: is running a family office. He is not able to 385 00:23:03,359 --> 00:23:07,560 Speaker 1: invest money for clients as a result of his felony 386 00:23:07,640 --> 00:23:10,639 Speaker 1: convictions and his seven years in prison, but he's now 387 00:23:10,720 --> 00:23:14,160 Speaker 1: investing his own money and he's got a small staff 388 00:23:14,320 --> 00:23:18,600 Speaker 1: of people who are working with him. He's investing in healthcare, 389 00:23:18,920 --> 00:23:24,040 Speaker 1: clean energy, and some other things, real estate investments, and 390 00:23:24,200 --> 00:23:26,399 Speaker 1: you know, this is kind of his second act. But 391 00:23:26,480 --> 00:23:29,639 Speaker 1: he is still trading and he's looking for, you know, 392 00:23:29,760 --> 00:23:31,720 Speaker 1: a way to sort of get back in the in 393 00:23:31,760 --> 00:23:34,600 Speaker 1: the game. He's also he's written a book in which 394 00:23:34,680 --> 00:23:41,800 Speaker 1: he is very critical of pre Berarra and the surprise, surprise, surprise, 395 00:23:41,880 --> 00:23:44,760 Speaker 1: the charges that were made against him. Of course, Roger 396 00:23:44,840 --> 00:23:48,640 Speaker 1: rotten was convicted at trial. His conviction and sentence were 397 00:23:48,720 --> 00:23:52,320 Speaker 1: upheld repeatedly by judges. So he did his time. Does 398 00:23:52,359 --> 00:23:55,760 Speaker 1: he still claim that he's not guilty. Absolutely, He claims 399 00:23:55,800 --> 00:23:58,879 Speaker 1: that it was a result of over zealous prosecution, that 400 00:23:59,000 --> 00:24:01,879 Speaker 1: pressure was put the people who testified against him, and 401 00:24:01,960 --> 00:24:04,359 Speaker 1: that he didn't do anything wrong and he shouldn't have 402 00:24:04,320 --> 00:24:07,639 Speaker 1: gone to prison. Did he say anything about his prison's day. 403 00:24:07,800 --> 00:24:11,800 Speaker 1: He did. He said that it wasn't as bad as 404 00:24:12,200 --> 00:24:15,760 Speaker 1: people sometimes. I think he said that he was prepared 405 00:24:15,880 --> 00:24:18,800 Speaker 1: in part by attending English boarding school when he was 406 00:24:18,840 --> 00:24:22,359 Speaker 1: a cat. He's told me that there was one point 407 00:24:22,400 --> 00:24:25,639 Speaker 1: at which he was threatened by another inmate. People tried 408 00:24:25,640 --> 00:24:28,719 Speaker 1: to extort money from him because he is so famous 409 00:24:28,800 --> 00:24:31,240 Speaker 1: and so wealthy. When he said, he stood up to 410 00:24:31,240 --> 00:24:33,840 Speaker 1: this person and that was the end of that. I 411 00:24:33,840 --> 00:24:36,800 Speaker 1: have never heard prison compared to an English boarding school, 412 00:24:37,600 --> 00:24:41,160 Speaker 1: nor have I He did it several times, and it's 413 00:24:41,200 --> 00:24:43,840 Speaker 1: hard to believe. But either prison isn't it that bad, 414 00:24:43,960 --> 00:24:46,959 Speaker 1: or English boarding school is very bad. Absolutely So just 415 00:24:47,040 --> 00:24:51,280 Speaker 1: finally you talked to um a lot Professor Donald Langborn. 416 00:24:51,480 --> 00:24:54,119 Speaker 1: Does he think any of these people don't understand that 417 00:24:54,119 --> 00:24:56,720 Speaker 1: what they're doing is wrong or they just don't think 418 00:24:56,720 --> 00:24:59,480 Speaker 1: they'll get caught. Certainly if they don't think they'll get caught, 419 00:24:59,520 --> 00:25:02,480 Speaker 1: But more it suggested that a lot of the times 420 00:25:02,520 --> 00:25:05,280 Speaker 1: these people either they don't understand the law, or they 421 00:25:05,320 --> 00:25:08,560 Speaker 1: are rationalizing that what they're doing is not really breaking 422 00:25:08,560 --> 00:25:11,600 Speaker 1: the law. The law is that if you are trading 423 00:25:11,840 --> 00:25:16,760 Speaker 1: on non public material information, you are potentially in violation 424 00:25:16,840 --> 00:25:19,880 Speaker 1: of the law, or if you're giving tips to other people. Right, 425 00:25:20,080 --> 00:25:24,200 Speaker 1: So apparently some people will sometimes think, well, this tip 426 00:25:24,440 --> 00:25:29,560 Speaker 1: isn't so it's not really illegal. But that's not the standard. 427 00:25:29,560 --> 00:25:31,919 Speaker 1: It just has to be something that is important to 428 00:25:31,960 --> 00:25:35,800 Speaker 1: an investment decision, and if it's non public, you can 429 00:25:35,840 --> 00:25:38,720 Speaker 1: be liable for insider trading and you can be suited 430 00:25:38,760 --> 00:25:41,240 Speaker 1: by the SEC or go to prison. I love this quote. 431 00:25:41,400 --> 00:25:44,160 Speaker 1: Coyle's lawyer told the judge that his client were shocked 432 00:25:44,160 --> 00:25:47,040 Speaker 1: by his arrest, and the judge said, that's often the 433 00:25:47,040 --> 00:25:50,560 Speaker 1: case with insider trading. Arrest, isn't it. That's how they 434 00:25:50,600 --> 00:25:52,840 Speaker 1: that's how it goes. When the FBI shows up at 435 00:25:52,840 --> 00:25:56,040 Speaker 1: your door at six I am. It can be extremely disconcerting. 436 00:25:56,080 --> 00:25:59,600 Speaker 1: Thanks Bob. That's Legal reporter Bob van Vorus and that's 437 00:25:59,640 --> 00:26:02,280 Speaker 1: it for the edition of the Bloomberg Law Show. Remember 438 00:26:02,320 --> 00:26:04,359 Speaker 1: you can always get the latest legal news on our 439 00:26:04,400 --> 00:26:08,560 Speaker 1: Bloomberg Law Podcast. You can find them on Apple Podcasts, Spotify, 440 00:26:08,760 --> 00:26:13,760 Speaker 1: and at www dot Bloomberg dot com, slash podcast Slash Law, 441 00:26:14,200 --> 00:26:16,800 Speaker 1: and remember to tune into The Bloomberg Law Show every 442 00:26:16,840 --> 00:26:20,800 Speaker 1: week night at ten BM Wall Street Time. I'm June Grossow, 443 00:26:20,880 --> 00:26:22,480 Speaker 1: and you're listening to Bloomberg