On October 13, Judge Richard Holwell will pass down a sentence for convicted insider trader, Raj Rajaratnam. If the prosecution has its way, the Galleon Group founder will go away for twenty-four years. Obviously, the defense would prefer a little less time and in August, following Raj's brother's unsuccessful appeal for people to send character letters to the judge asking for lenience, turned to Plan B: breaking the news that Raj is suffering from a disease the likes of which you can’t even imagine, noting in a court filing that he will die from “unique constellation of ailments ravaging his body” if given anything even approaching twenty years. This, clearly, was well-played.
Could Rajaratnam very well have a bunch of rare diseases that would be too difficult to treat in the joint? Sure. The prosecution, however, is betting that the constellation of ailments ravaging his body are less deadly than the defense would have us believe, and more along the lines of diabetes + athlete's foot + seasonal allergies. Is his body truly being attacked by forces most doctors have never even heard of? Is his condition really too delicate to withstand a sentencing longer than 6 months and some community service? The prosecution is now saying PROVE IT.
Federal prosecutors moved on Thursday to unseal court documents listing some of Raj Rajaratnam’s medical conditions, arguing that the convicted insider trader is hiding behind unspecified health problems to justify receiving a lighter sentence...Defense lawyers have already said that their client has diabetes. And Mr. Rajaratnam underwent surgery to treat a bacterial infection in his foot during the trial, precipitating a short absence from jury deliberations. Yet prosecutors say that Mr. Rajaratnam’s maladies are no worse than those in other cases in which defendants relied on illnesses like prostate cancer and diabetes to plead for lighter punishments. Defense lawyers are benefiting from an additional unfair advantage because they are leaning on those medical conditions without publicly disclosing them.
Were the presiding judge, Richard J. Holwell, to hand out the strongest punishment recommended by the federal sentencing guidelines, Mr. Rajaratnam’s lawyers argue, it would be tantamount to giving their client a “death sentence.”
If any part time medical professionals-cum-mediums in the group want to take some early guesses, please do so at this time.