Harvard Expulsion News Biased the Jury, Claims Martoma

Mallu crook Mathew Martoma has filed a motion with the U.S. District Court in New York claiming jury bias over his dismissal from Harvard Law School as one of the grounds meriting his acquittal or a new trial.

In a court filing dated February 27, 2014, former SAC portfolio manager Mathew Martoma says negative publicity over his Harvard expulsion continued throughout the trial with 65 articles citing his dismissal from January 9, 2014 through February 6, 2014.

Mathew Martoma, who was convicted by a NYC jury last month on two counts of securities fraud and one count of conspiracy, was kicked out of Harvard Law School for faking/inflating his grades while applying for a clerkship with judges.

Here’s an excerpt from Martoma’s February 27, 2014 court filing for acquittal or a new trial:

Notwithstanding the Court’s instructions to avoid such press coverage, the amount of negative publicity renders the jurors presumptively biased….That is particularly true in this age of news alerts and social media, where press coverage of newsworthy events is sent automatically to many people (often directly to their phones) in real time throughout the day….Given the prejudicial nature of the press reports and the likelihood that all jurors could not avoid the information in this age of social media and real-time alerts delivered directly to their personal devices, the jurors should be deemed presumptively biased; thus, a new trial is warranted. [see p.36-37 of February 27, 2014 filing]

Other Grounds for Acquittal

Other arguments made by Martoma in support of his February 27 filing for acquittal or new trial include:

* Government failed to prove beyond a reasonable doubt that Martoma obtained material, nonpublic information

* Dr. Ross’s testimony establishes that he did not provide Martoma with material, non-public information

* Government failed to prove beyond a reasonable doubt that Martoma traded on material, non-public information

* Government failed to prove beyond a reasonable doubt that Dr. Gilman or Dr. Ross obtained a personal benefit

* Government failed to prove beyond a reasonable doubt that Martoma had the requisite criminal intent

* Jury was tainted by evidence unrelated to the charged offenses

* Dr. Gilman’s testimony should not be allowed to support a conviction

Martoma Sentencing

Mathew Martoma is currently out on bond.

The mallu kuttan’s sentencing is scheduled for June 10, 2014 at Courtroom 705 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY at 10AM.

Besides a lengthy prison term, Martoma’s sentence will include asset forfeiture.

Don’t be surprised if Mathew Martoma gets a prison term of at least a decade.

Mathew Martoma is the son of Lizzie Rachel Thomas, a doctor, and Bobby Martoma, immigrants from India