Rajaratnam, 'Necessity' and the Path for Future Wiretaps

Robert J. Anello and Richard F. Albert, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: Although the "pioneering nature" of the use of wiretaps in the insider trading case of 'United States v. Rajaratnam' has received a great deal of media attention, the statutory prerequisites to wiretapping have received little prior close legal scrutiny in white-collar cases. Of particular note is the "necessity" requirement, which is intended to limit the use of wiretaps by requiring the government to demonstrate that no reasonable alternative investigative techniques will suffice.

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