Kara Scannell

A lawyer for Rajat Gupta, the former Goldman Sachs board member accused of insider trading, said he has tried unsuccessfully to interview two former senior Goldman executives and the bank?s board members to prepare for trial.

David Frankel, a lawyer for Mr Gupta, said Goldman board members have refused to be interviewed while a lawyer for Jon Winkelried, co-president of the bank from 2006 through 2009, said his client declined to speak with Mr Gupta?s lawyers. Mr Winkelried could not be reached for comment.

Mr Gupta?s legal team is also seeking to interview Byron Trott, a former Goldman investment banker with close ties to Warren Buffett. Mr Frankel said he expects that request to be denied. Mr Trott, who has been dubbed Mr Buffett?s favourite investment banker, left Goldman in 2009 to start his own firm, BDT Capital Partners, in Chicago. Mr Trott could not be reached.

There?s no allegation Mr Winkelried or Mr Trott have done anything wrong and it is routine for defence counsel to seek interviews with a variety of potential witnesses. Negotiations over depositions and documents are part of the pre-trial process.

Mr Gupta is accused of tipping his friend and business partner Raj Rajaratman with secret earnings information he learnt as a director of Goldman and Procter & Gamble. Prosecutors allege Mr Gupta also told Mr Rajaratnam in advance of an announcement that Mr Buffett?s company Berkshire Hathaway was making a $5bn investment in Goldman Sachs during the height of the financial crisis

Mr Gupta, who has pleaded not guilty, is scheduled to go to trial in May.

Previously Judge Jed Rakoff ruled that Mr Gupta?s attorneys could interview Lloyd Blankfein, Goldman?s chief executive. Mr Frankel said that interview has not occurred. Mr Blankfein testified for the government at Mr Rajaratnam?s trial and stated it would be against Goldman policy to discuss important company information with others outside the company.

The interview requests were mentioned during a court hearing in which Mr Gupta?s lawyers sought access to notes of interviews of witnesses taken by lawyers for the Securities and Exchange Commission. The SEC sued Mr Gupta on civil insider trading charges but maintains its investigation is separate from the criminal case.

Mr Frankel said he does not know who the government?s witnesses are and has not received information from Goldman witnesses. ?We struck out completely,? he said.

Prosecutors are not required to turn over interview notes unless a witness is testifying at trial or the information may be exculpatory to Mr Gupta. The SEC case won?t proceed until after the criminal trial, but Mr Gupta?s lawyer is seeking access to the lawyers? notes for any exculpatory statements. The SEC has objected.

Prosecutors with the US attorney?s office have interviewed at least 46 people, Mr Gupta?s lawyer said, as part of its investigation. The SEC attended 44 of those interviews, but Reed Brodsky, a prosecutor, said the investigations were separate, noting the SEC initially sued Mr Gupta on the eve of Mr Rajaratnam?s trial against the objections of the US attorney?s office.

Mr Brodsky said his investigation ?kicked into high gear? after the Rajaratnam May 2011 conviction, with most of his team?s interviews taking place after the trial. Mr Rajaratnam is serving a 11-year prison sentence.