The India-born former McKinsey head had been sentenced to two years in prison last year for passing insider tips about Goldman Sachs to now jailed Galleon founder Rajaratnman. Gupta is fighting his conviction on the insider trading charges. Rajaratnam is currently serving an 11-year prison term after being convicted of running one of the largest insider trading schemes in US history. In his suit, Mercer had said Gupta repeatedly shared information about Goldman's share price with Rajaratnam whose hedge fund then engaged in "short-swing trading" of Goldman shares, earning profits or avoiding losses. Gupta had an interest in sharing information with Rajaratnam as he was a director of and had a balance of over 16 million dollars in the Voyager fund that invested in other Galleon hedge funds.