1 00:00:00,040 --> 00:00:03,480 Speaker 1: Now it's time for our daily Bloomberg labbreef exploring legal 2 00:00:03,480 --> 00:00:05,880 Speaker 1: issues in the news and the Bloomberg Labry, brought to 3 00:00:05,920 --> 00:00:10,119 Speaker 1: you by American Arbitration Association, International Trade or Business Dispute 4 00:00:10,119 --> 00:00:13,440 Speaker 1: Resolve Faster with the International Center for a Dispute Resolution, 5 00:00:13,720 --> 00:00:16,759 Speaker 1: the leader in alternative dispute resolution around the world, i 6 00:00:16,880 --> 00:00:20,279 Speaker 1: c d R dot Org. Today Bloomberg, lahstoom Grosso and 7 00:00:20,320 --> 00:00:23,960 Speaker 1: Greg Stewart discuss the insider trading trial of professional gambler 8 00:00:24,239 --> 00:00:27,200 Speaker 1: Billy Walter. So they speak with John Coffee, a professor 9 00:00:27,200 --> 00:00:30,960 Speaker 1: at Columbia University Law School, and Adam Pritchard, a professor 10 00:00:31,000 --> 00:00:35,280 Speaker 1: at the University of Michigan Law School. John Tom Javis 11 00:00:35,280 --> 00:00:38,240 Speaker 1: has pleaded guilty and is expected to be the prosecution 12 00:00:38,400 --> 00:00:42,040 Speaker 1: star witness. And this is a pretty straight case, tipper 13 00:00:42,040 --> 00:00:46,680 Speaker 1: to tippy with no middleman. How strong is the prosecution's case, Oh, 14 00:00:46,720 --> 00:00:49,800 Speaker 1: I think comparatively, it's very strong, for for three reasons. 15 00:00:50,080 --> 00:00:52,879 Speaker 1: First of all, you've got the direct testimony of the 16 00:00:52,920 --> 00:00:56,680 Speaker 1: tipper implicating the tippy. In many of these cases the 17 00:00:56,760 --> 00:01:00,960 Speaker 1: government only has circumstantial evidence. Here, you got the second 18 00:01:00,960 --> 00:01:05,200 Speaker 1: point that the tipper didn't trade himself he's pled guilty 19 00:01:05,240 --> 00:01:07,600 Speaker 1: to a failing me. The only reason he would have 20 00:01:07,640 --> 00:01:10,880 Speaker 1: to do that is that there was Illie Galvy surrounding 21 00:01:11,000 --> 00:01:14,759 Speaker 1: his tip to Mr Waller. Um if he didn't think 22 00:01:14,800 --> 00:01:16,840 Speaker 1: that was guilty. This is not like a case where 23 00:01:16,880 --> 00:01:19,920 Speaker 1: he's committed a half dozen defenses offenses and is trying 24 00:01:19,959 --> 00:01:23,200 Speaker 1: to find one to settle on. Finally, Mr Waller is 25 00:01:23,240 --> 00:01:26,600 Speaker 1: a professional gambler. If the jury learns that, I think 26 00:01:26,640 --> 00:01:29,520 Speaker 1: the jury is likely to believe this guy is very 27 00:01:29,560 --> 00:01:32,840 Speaker 1: comfortable taking risk, and here, at this time, he took 28 00:01:32,840 --> 00:01:35,839 Speaker 1: a legal risk. Adam, do you agree that the prosecution 29 00:01:35,920 --> 00:01:39,319 Speaker 1: has an especially strong case here, and if so, does 30 00:01:39,360 --> 00:01:42,039 Speaker 1: that mean that Billy Walter's probably has to testify in 31 00:01:42,120 --> 00:01:44,959 Speaker 1: his own defense in order to have a fighting chance. 32 00:01:45,400 --> 00:01:51,040 Speaker 1: So this is a classic insider trading scenario. Davis and 33 00:01:51,080 --> 00:01:56,000 Speaker 1: Walter's are golfing buddies, and Davis was passing on the information. 34 00:01:56,160 --> 00:02:00,040 Speaker 1: I agree with Jack that having the testimony of the 35 00:01:59,840 --> 00:02:05,360 Speaker 1: the tipper makes the government's case very strong. I expect 36 00:02:05,440 --> 00:02:09,680 Speaker 1: that the defense lawyers are going to try and uh 37 00:02:09,840 --> 00:02:12,480 Speaker 1: muddy the waters, try and beat up Davis on the 38 00:02:12,560 --> 00:02:16,720 Speaker 1: stand for having taken a plea uh in exchange for 39 00:02:16,800 --> 00:02:20,960 Speaker 1: his testimony, and they're going to make an assessment of 40 00:02:21,280 --> 00:02:26,000 Speaker 1: how credible Davis is on the stand before making the 41 00:02:26,040 --> 00:02:28,720 Speaker 1: decision about whether or not they're going to let their 42 00:02:28,760 --> 00:02:35,120 Speaker 1: client testify. Uh, he has a history of running a 43 00:02:35,160 --> 00:02:38,720 Speaker 1: foul the law on occasion, and the history of being 44 00:02:38,760 --> 00:02:42,880 Speaker 1: a gambler suggests that he is a risk taker. Maybe 45 00:02:43,160 --> 00:02:45,880 Speaker 1: the defense would prefer to keep him off the stand 46 00:02:45,919 --> 00:02:49,639 Speaker 1: if they can, but they may have to throw a 47 00:02:49,680 --> 00:02:52,600 Speaker 1: hail Mary if Davis comes off as a credible witness. 48 00:02:53,240 --> 00:02:56,040 Speaker 1: As Adam Pritchard, a professor at the University of Michigan 49 00:02:56,160 --> 00:02:59,440 Speaker 1: Law School, and John Coffee, a professor at Columbia University 50 00:02:59,520 --> 00:03:02,200 Speaker 1: Law School, speaking with the Bloomberg Law host joom Grosso 51 00:03:02,320 --> 00:03:05,000 Speaker 1: and Greg's store. You can listen to Bloomberg Law weekdays 52 00:03:05,040 --> 00:03:08,400 Speaker 1: at one pm Wall Street Time here on Bloomberg Radio, 53 00:03:08,960 --> 00:03:11,800 Speaker 1: and that's this morning's Bloomberg Law Brief. You can find 54 00:03:11,840 --> 00:03:15,520 Speaker 1: more legal news at Bloomberg Law dot com and Bloomberg 55 00:03:15,600 --> 00:03:18,840 Speaker 1: BNA dot com. Attorneys will find exceptional legal research and 56 00:03:18,919 --> 00:03:22,440 Speaker 1: business development tools there as well. Visit Bloomberg Law dot 57 00:03:22,480 --> 00:03:25,520 Speaker 1: com and Bloomberg BNA dot com for more information