“Necessity” is a simple word that means “an imperative requirement or need for something.” In Raj Rajaratnam’s appeal of his convictions for conspiracy and insider trading that will be heard on Thursday by the United States Court of Appeals for the Second Circuit, the critical issue will be whether the government established that it needed to use wiretaps because other avenues of investigation were not fruitful….
If a wiretap was not properly authorized, the statute prohibits using the evidence at a trial. For Mr. Rajaratnam, that would lead to reversal of his convictions because the wiretaps were crucial to proving the case.
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