In the present paper the author analyzes the case of Rajat Gupta, a member of the Goldman Sachs board, who was found guilty of insider trading. The crime will be viewed from the perspective of social strain and social learning theories. The author will also look at how crime control and due process models of criminal justice are applied to the present case. Mr. Gupta supplied inside information about Goldman Sachs to Mr. Rajaratnam, his close friend and business partner. Specifically, as a member of the Goldman Sachs board, Mr. Gupta came to knowledge that the board approved a $ 5-billion investment by Warren Buffet. He immediately communicated the information to Mr. Rajaratnam, who acting upon it, bought bought the stock of Goldman Sachs shares (US v. Gupta). After the investment was announced, the price of Goldman Sachs shares soared up increased by 7% (US v. Gupta). …show more content…
From the perspective of classical theory, he is punished because it was his rational choice to commit an offence against society. Since it was his rational choice, he deserves to be punished. Yet, insider trading is not a crime for which a mandatory sentencing is envisaged. Here is the weakness of classical model of justice: it does not account for why the judge chose to sentence Mr. Gupta. Social learning theory suggests that criminal behavior can be learned. Specifically, a criminal learns the behavior from groups or from media. Then a criminal imitates the behavior. Thus, according to the theory criminal behavior emerges because of existence of poor role models (Lanier and Henry 145). From the perspective of social learning theory, Mr. Gupta learned insider trading and imitated it. His background suggests that he exists in the Wall Street environment. This environment is widely believed to be corrupted. Hence, not unreasonable to suggest that insider trading is, if not common, but at least recurring practice